Rethos, Inc. Terms of Use August 3rd, 2007

By using this site (the Site), you signify your agreement to all terms, conditions, and notices contained or referenced herein (the Terms of Use). If you do not agree to these Terms of Use, please do not use the Site. Rethos, Inc. (Rethos) reserves the right, in its discretion, to update or revise these Terms of Use. Please check periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

General
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Rethos or others. Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

Additional terms and conditions may apply to specific portions of the Site, which terms are made a part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.

Third Party Sites
The Site may link you to other web sites on the Internet. These other web sites are not under the control of Rethos, and you acknowledge that Rethos is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Rethos or any association with its operators.

Proprietary Rights
You acknowledge and agree that the content and materials available on the Site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, video media, artwork, design, structure, selection, coordination, expression, look and feel and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from such content or materials unless explicitly invited to do so. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. If you have any questions about the license granted herein or if you would like to request additional rights, please write to info@rethos.com.

User Names and URLs
Rethos reserves the right to reclaim, withhold, or perform any other action to user names and branded URLs (ex. Rethos.com/yourname). These are property of Rethos and are being lent or sold on a temporary basis. Members of the community may be asked to take on a new user name at any point and their old user name may be used for any purpose.

User Generated Content
Respect copyright. Only upload content (text, image, audio, video) that you made or that you have obtained the rights to use. This means don't upload content you didn't make, or use content that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without their permission.

User Content and Correspondence
You acknowledge that Rethos does not generally prescreen User Content, but that Rethos and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any User Content that is available via the Website. Rethos reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, Rethos and its designees will have the right to remove any User Content that violates the Agreement or that Rethos considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Website, including your User Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that Rethos may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Rethos, its users, and the public. Details regarding our use of personally identifiable information included in User Content are set out in our Privacy Policy.

By posting User Content to the Website or by transmitting User Content using the Website, you (1) represent and warrant to Rethos that you have all necessary permission to post or transmit User Content; and (2) grant to Rethos a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Bulletin boards and chat rooms contain the opinions and views of other users. Rethos is not responsible for the accuracy of any messages on this site and you should always consult your own trusted personal or professional advisor before relying on any information you find on this site. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

Any submissions, questions, comments, materials, suggestions, criticisms, letters or the like sent by you to Rethos regarding the Website (the "Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. Rethos will have no obligation of any kind with respect to Received Materials that you do not restrict and Rethos will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. Furthermore, Rethos is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Rethos, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.

Content Submitted of Made Available
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.

Rethos respects the intellectual property of others. It is Rethos's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Rethos will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Rethos may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Rethos will terminate access for subscribers and account holders who are repeat infringers.

Notifying Rethos of Copyright Infringement: To provide Rethos notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of info@rethos.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Rethos with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Rethos with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at info@rethos.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

Respect the Rethos Community
We are gathered on rethos.com to bring about solutions to social and environmental issues. Please do not abuse this site, to do so would be unethical and would stall progress on these pressing problems. Our community is built on trust, and we trust you to act responsibly and all of the other members to treat you with the same trust by adhering to the guidelines of the site.

We Review ‘Flagged’ Videos
When a video gets flagged as inappropriate, we review the video to determine whether it violates our Terms of Use—flagged videos are not automatically taken down by the system. If we remove your video after reviewing it, you can assume that we removed it purposefully, and you should take our warning notification seriously.

It is inappropriate to post the following content on rethos.com. It will be removed: pornography or sexually explicit content, videos showing dangerous or illegal acts, like animal abuse, drug abuse, or bomb making.

We encourage free speech and defend everyone's right to express unpopular points of view. But we don't permit hate speech which contains slurs or the malicious use of stereotypes intended to attack or demean a particular gender, sexual orientation, race, religion, or nationality.

There is zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from Rethos.

We disallow any form of mass solicitation including gamed thumbnails, spamming tags, or creating dummy accounts that do things a human wouldn't do.

Please take these rules seriously and take them to heart. We decide whether we believe your violation of our Terms of Use should result in termination of your account. If you have an account terminated you are prohibited from ever signing up for another account!

Linking To The Site
Generally, Rethos does not mind if you have a text link from your web site to the Site. However, you may not frame or mirror the Site or incorporate pieces of it into a different web site or product. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.

DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE CONTENT) ARE PROVIDED AS IS AND AS AVAILABLE FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. RETHOS DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL RETHOS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF RETHOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, RETHOS’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Registered User Account, Password, Security
On an optional basis, you may choose to register and create a personal account by providing personalized information. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your account. Rethos does not retain liability or responsibility for such use.

Indemnification
You agree to defend, indemnify, and hold harmless Rethos and its affiliates and their respective employees, contractors, officers and directors from all liabilities, claims and expenses, including attorneys fees, that arise from your use or misuse of the Site. Rethos reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Rethos in asserting any available defenses.

International Use
Rethos makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them is prohibited in territories where viewing or downloading their content is in violation of local law. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to Rethos: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send such notice to:

Rethos, Inc.
60 Chesterfield
Montreal, QC H3Y 2M5
514.908.7544 Canada
Fax: 514.369.2650
Email: info@rethos.com


Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be the state or federal courts located in the Province of Quebec, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Rethos with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Rethos with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination
Rethos reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.