Terms of Use

Introduction

1. The Royal Few Inc. (collectively, “we,” “us” or “The Royal Few“) owns and operates the TheRoyalFew.com web site (the “Site”), on which we provide an exclusive social network service dedicated to providing unique benefits to our users (our Site and such services, collectively, our “Service”). Your use of our Service is subject to the following Terms and Conditions of Use (the “Terms“).

2. These Terms include our policy for acceptable use of the Service and content posted on our Site and your rights, obligations and restrictions regarding your use of the Service. Your use of the Service is also subject to our Privacy Policy, a copy of which can be found here http://www.theroyalfew.com/privacy.

3. In order to use the Service, you may be required to download software or content and/or agree to additional terms and conditions (“Additional Terms”). Unless otherwise provided therein, any Additional Terms are hereby incorporated into this Agreement.

4. By accessing the Service, you accept these Terms and agree to the terms, conditions and notices contained or referenced herein.

5. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE SERVICE.

6. WE RESERVE THE RIGHT TO MODIFY, MAKE CHANGES TO AND AMEND THESE TERMS FROM TIME TO TIME, FOR ANY REASON, AND WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE SERVICE AFTER CHANGES HAVE BEEN POSTED INDICATES YOUR ACCEPTANCE OF ANY CHANGES. IT IS THEREFORE IMPORTANT THAT YOU REVIEW THIS AGREEMENT REGULARLY TO ENSURE YOU ARE UPDATED AS TO ANY CHANGES.

Your Account

7. Use of the Service is void where prohibited by law. By using the Service, you represent and warrant that: (i) all registration information you submit to us is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older; and (iv) your use of the Service does not violate any applicable law or regulation.

8. We reserve the right in our sole discretion, for any reason, at any time and without liability to: (i) refuse registration of, or cancel, any account; (ii) restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, and without liability; and (iii) remove your profile from the Service. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service.

9. Your account will be accessed through a user ID and password that you will create (your “Credentials”). Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials and to immediately notify us of any unauthorized use of your Credentials.

10. As a member, you may not have more than one membership account, nor may you open an alternative account if your membership is suspended, or terminated for any reason. You may not sell, trade, or transfer a membership account to another person, nor accept or use an account that was not originally yours. If you or any other member violates these Terms, the respective account(s) may be terminated immediately.

11. This Agreement shall remain in full force and effect while you use the Service. You may terminate your membership at any time, for any reason, by selected “Delete Account” under the settings in your profile.

Content

12. The Service includes functionality that permits you to post text, images, audiovisual media and other forms of intellectual property (collectively, “Content”) to the Service. With the exception of Feedback (as defined below), any Content that you post on or through the Service belongs to you. For clarity, “Content” does not include non-identifiable aggregate data compiled by us for purposes of improving, maintaining, and/or optimizing the Service. We do not have any obligation, but may elect, to monitor the Content that is posted to the Service, for any purpose and we reserve the right, in our sole discretion, to reject, refuse to post or remove any of your Content (including private messages).

13. You hereby grant The Royal Few an irrevocable, nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your Content on and through the Service and on and through other services, in any media now existing or hereafter created. You represent and warrant to The Royal Few that:

i. you understand and agree that you are responsible for all Content you post to the Service;

ii. you have the right to post that Content and to grant to us all rights granted herein and that our use (or any other party’s use as permitted herein) of the Content will not violate or infringe the rights of any third party (including, without limitation, copyright, trademark rights, personality rights or privacy rights);

iii. the Content is your own original work, or you own or have acquired, all necessary rights to post and disclose the Content;

iv. the Content is true, accurate and complete;

v. your disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with The Royal Few or any of its clients or obligate The Royal Few or any of its clients to treat your Content (or any related materials) as secret or confidential;

14. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that: (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us our licensees, successors and assigns; and (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release The Royal Few and its licensees, successors and assigns, from any claims that you could otherwise assert against each of the foregoing by virtue of any such moral rights.

15. You are responsible for all Content you post to the Services, and we assume no responsibility therefor. You may expose yourself to liability if, for example, your Content contains material that: (i) is false, intentionally misleading, or defamatory; (ii) violates any third-party right; (iii) contains material that is unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation. Accordingly, you agree that any and all Content supplied by you shall comply with these Terms and any review guidelines that may be posted by us from time to time. In addition, and you agree, without limitation, not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following (“Objectionable Content”):

i. Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

ii. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial national or international law, including, without limitation, securities regulations;

iii. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

iv. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

v. unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

vi. private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, social security/information numbers and credit card numbers;

vii. viruses, corrupted data or other harmful, disruptive or destructive files; or

viii. Content or links to content that, in the sole judgment of The Royal Few: (a) violates the previous subsections herein; (b) is objectionable; (c) which restricts or inhibits any other person from using or enjoying the Service; or (d) which may expose The Royal Few, its licensors, partners, suppliers, consultants and agents and each of their affiliates, or its users to any harm or liability of any type.

16. We are not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Content or anything said, depicted or written by users in their Content, including without limitation, any information obtained by using the Service. We do not endorse anything contained in the Content or any opinion, recommendation or advice expressed therein and you understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the integrity, and accuracy of such Content.

17. We may preserve your Content and may also disclose such Content, with or without notice to you, 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 these Terms; (c) respond to claims that your Content violates the rights of any third party; or (d) protect the rights, property, or personal safety of The Royal Few, its users and the public.

Code of Conduct
18. In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. The Service is for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing.

19. In addition to the prohibition on posting, publishing or transmitting any Objectionable Content as set forth above, you agree not to do any of the following while using, or otherwise in connection, the Service:

i. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our clients or providers;

ii. attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures used in connection with the Service;

iii. attempt to access or search the Service or any Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by The Royal Few or other generally available third-party web browsers (such as Microsoft Internet Explorer, Google Chrome or Mozilla Firefox), including but not limited to browser automation tools;

iv. send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;

v. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;

vi. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;

vii. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or plant malware on The Royal Few’s computer system, those systems of The Royal Few’s providers, or otherwise use the Service to attempt to distribute malware;

viii. impersonate or misrepresent your affiliation with any person or entity;

ix. use the Service for any illegal, criminal or tortious activity; or

x. use the Service to harass, abuse, or harm another person or entity, or attempting to do the same.

COPYRIGHT INFRINGEMENT

20. If you believe that any material available on or through the Service violates your copyright, you may send us a copyright infringement notice. Any such notice must be in writing and must include substantially all of the following:

i. a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;

ii. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. We request that complete URLs for each instance of the allegedly infringing material be provided;

iv. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

v. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. a statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

21. Your written copyright infringement notice must be sent to The Royal Few’s designated copyright agent via mail or email. Please be aware that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability: Copyright Agent, 91 Brandon Avenue, Unit 2, Toronto, ON, M6H 2E2.

Intellectual Property / Ownership

22. All right, title, and interest in and to the Service (including, without limitation, all computer code, graphics, user interfaces and audiovisual content used to provide the Service) are and will remain the exclusive property of The Royal Few and its licensors, including all intellectual property rights therein, even if we incorporate any of your Feedback (as defined below) into subsequent versions. The Service is protected by copyright, trademark, and other laws of both Canada and the United States and foreign countries. We reserve all rights to the Service that are not expressly granted herein. Except as expressly permitted in these Terms, you may not reproduce, modify, reverse engineer or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service. You may not copy or modify the HTML or other code used to generate web pages on the Service.

23. All feedback, comments, and suggestions for improvements (the “Feedback”) that you provide to us, in any form, will be our sole and exclusive property. You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining the Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the Service or in any Intellectual Property Rights on account of these Terms or your performance under these Terms.

Termination

24. If we terminate your password, account or remove your access to the Service, all rights and obligations under these Terms shall cease, save for Sections: 10, 13, 14, 16, 17, 22, 23, 24, 26, 27 – 32 and 35 – 39 and such other provisions hereof of thereof which expressly, or by their nature are intended to, survive termination.

25. We, in our sole discretion and at any time, may discontinue providing the Service, or any part thereof, with or without notice and without liability or penalty. Any termination of your access to the Service under any provision of these Terms may be effected without prior notice.

26. After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the Service may be, but is not required to be, deleted, by us. We will have no liability for information or Content that is deleted due to the cancellation or termination of your account for any reason.

Indemnification, Limitation of Liability and Disclaimers

27. You agree to indemnify and hold The Royal Few Inc., its parents, subsidiaries and affiliates, and its and their officers, directors and employees, harmless, including costs and attorneys’ fees, from any claim or demand made due to or arising out of: (i) your use of the Service or any of your Content; (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the Service; (iii) the violation of these Terms by you, or any third party using your Credentials; or (iv) your negligence or willful misconduct.

28. THE SERVICE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AND YOU USE THE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ROYAL FEW AND ITS OFFICERS, EMPLOYEES, DIRECTORS AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, CONSULTANTS AND AGENTS DISCLAIM: (I) ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE CONDUCT OF ANY MEMBER; AND (II) ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, THE ROYAL FEW AND ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, CONSULTANTS AND AGENTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

29. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY MEMBER COMMUNICATION. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, ATTENDANCE AT THE ROYAL FEW EVENTS, ANY CONTENT POSTED ON OR THROUGH THE SERVICE, OR FROM THE CONDUCT OF ANY MEMBERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.

30. THE ROYAL FEW, AND ITS OFFICERS, EMPLOYEES, DIRECTORS, LICENSORS, PARTNERS, SUPPLIERS, CONSULTANTS AND AGENTS DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE ROYAL FEW OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

31. NEITHER THE ROYAL FEW NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, CONSULTANTS OR AGENTS WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

32. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ROYAL FEW’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, WILL BE ONE HUNDRED DOLLARS ($100.00).

Miscellaneous

33. These Terms will remain in full force and effect while you use the Service (unless amended by us as permitted herein.)

34. The Service may include links or application program interfaces (API) to other sites or resources on the Internet that are owned and operated by online merchants and other third parties. Links to such websites or resources do not imply any endorsement by The Royal Few of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge that we are not responsible for the availability of, or the content located on or through, any such third-party site or resource. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we encourage you to review the privacy policies of third-party sites.

35. You may not assign this agreement or your account and subscription to the Service, and any such assignment by you will be null and void. We may assign this agreement any time without notice to you.

36. Any dispute arising from or related to these Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of law principles. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the Courts of the Province of Ontario located in Toronto, Ontario, Canada and each of the parties hereto irrevocably waives any objection to jurisdiction and venue in such courts.

37. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PARTIES TO ANY ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS MUST BE INDIVIDUALLY NAMED. YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE FOR ANY DISPUTE PERTAINING TO THE SERVICES OR THESE TERMS OF SERVICE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS, OR ON BASES INVOLVING DISPUTES BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC.

38. TO THE EXTENT LEGALLY PERMITTED, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING FROM, CONNECTED WITH, OR RELATING TO TERMS, OR ANY RELATED MATTERS MUST BE COMMENCED WITHIN SIX (6) MONTHS, AFTER THE CLAIM OR CAUSE OF ACTION ARISES, AFTER WHICH TIME THE CLAIM OR CAUSE OF ACTION IS FOREVER BARRED, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.

39. The failure of The Royal Few to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.

40. The Services are hosted in a datacenter in Canada and, as a result, information (including, potentially, personally-identifiable information) may be transferred between or reside or be hosted in countries other than the country of your domicile. Notwithstanding the foregoing, you acknowledge and agree that, to the fullest extent permitted by applicable law, our collection, use, storage and sharing of your information and Content and/or Created Content is exclusively subject to the laws of Canada, not of the jurisdiction in which you are located.

Last updated: 2012-07-04.
Copyright © 2011 The Royal Few, Inc. All rights reserved.