Last revised: September 25, 2015.
Please read these terms and conditions (the "Agreement" or the "Terms and Conditions") carefully before consulting, using or registering on the website RobotShop Community (https://www.robotshop.com/) ("ROBOTSHOP COMMUNITY") owned by RobotShop Distribution Inc. ("RobotShop"). ROBOTSHOP COMMUNITY is a robot building community and robot news website which offers to its members, and without limitation, different services such as news, forums, a blogging system, a marketplace, a reviews system, etc. directed to robot building and robot news (collectively the "Services"). This Agreement sets forth the Terms and Conditions between you and RobotShop for your use of the Services and ROBOTSHOP COMMUNITY's website.
By using the Services in any manner, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services.
The Services are available only to, and may only be used by, individuals who are 13 years and older and who are of age to form legally binding contracts of the present nature and participate in open forums under applicable law in their home jurisdiction (the "Legal age"). You represent and warrant that you are at least 13 years old and of Legal age and that all registration information you submit is accurate and truthful. RobotShop may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time.
Individuals under the age of 13 or otherwise under the Legal age must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least of Legal age. In all cases, the adult is the user and is responsible for any and all activities.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify RobotShop of any unauthorized use of your password or any breach of security. You also agree that RobotShop cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than RobotShop without RobotShop's express written permission.
You may not transfer or sell your ROBOTSHOP COMMUNITY account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
You retain the rights to your copyrighted content or information that you submit through the Services (the "User Content") and RobotShop represents that it will never claim to be the owner or the original author of your User Content. However:
You also acknowledge that the Services are not a cloud storage service and that your User Content may be deleted from RobotShop's servers. As such, you are responsible to independently save any User Content you wish to preserve.
RobotShop takes no responsibility for, and does not expressly or implicitly endorse, and does not assume any liability for any User Content submitted through the Services. The views expressed by users does not necessary reflect that of other members, ROBOTSHOP COMMUNITY or RobotShop.
You are solely responsible for your conduct and activities on and regarding to the Services and any User Content that you submit, post, and display on ROBOTSHOP COMMUNITY.
More specifically, but without limitation, your User Content and your use of ROBOTSHOP COMMUNITY shall remain relevant to the Services and shall not:
ROBOTSHOP COMMUNITY is a place with many third-party hyperlinks posted by users. RobotShop is not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post or consult
Do not post ads for your business, products or those of any other or any other type of form of spam on ROBOTSHOP COMMUNITY's forums and blogs. ROBOTSHOP COMMUNITY is not meant to be a marketing platform. If you are looking to sell your product(s), use the ROBOTSHOP COMMUNITY Marketplace. Links to products in the ROBOTSHOP COMMUNITY Marketplace are permitted.
By posting User Content on ROBOTSHOP COMMUNITY, it is possible for an outside website or a third party to re-post that User Content. You agree to hold RobotShop harmless for any dispute concerning this use.
The Services are not available to temporarily or indefinitely suspended users. RobotShop reserves the right, in RobotShop's sole discretion, to cancel unconfirmed or inactive accounts. RobotShop reserves the right to refuse service to anyone, for any reason, including without limitation the breach or non-respect of the present Terms and Conditions, at any time.
RobotShop considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via ROBOTSHOP COMMUNITY or otherwise (the "Material") to be non-confidential and non-proprietary, and RobotShop shall not be liable for the disclosure or use of such Material. If, at RobotShop's request, any user sends Material to improve ROBOTSHOP COMMUNITY (for example through the Forums or to customer support), RobotShop will also consider that Material to be non-confidential and non-proprietary and RobotShop will not be liable for use or disclosure of the Material. Any communication by you to RobotShop is subject to this Agreement. You hereby grant and agree to grant RobotShop, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
RobotShop does not control the User Content provided by users that is made available on ROBOTSHOP COMMUNITY. You may find some User Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
RobotShop is not responsible for the availability of outside websites or resources linked to or referenced on ROBOTSHOP COMMUNITY. RobotShop does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that RobotShop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
ROBOTSHOP COMMUNITY, and other ROBOTSHOP COMMUNITY graphics, logos, designs, page headers, button icons, scripts, and service names are registered or non registered trademarks or trade dress of RobotShop. RobotShop's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
RobotShop represents that it will not consider the fair use of its intellectual property, e.g. ROBOTSHOP COMMUNITY's logo, used or implemented in your User Content to be an infringement of its intellectual property rights if the said User Content complies with the Terms and Conditions and if it is not misleading in a way as to falsely imply that the content originates from ROBOTSHOP COMMUNITY or RobotShop. Notwithstanding the foregoing, you agree to cease using any intellectual property of RobotShop if the latter advises you to do so.
ROBOTSHOP COMMUNITY may contain robot exclusion headers which contain internal rules for software usage. Much of the information on ROBOTSHOP COMMUNITY is updated on a real-time basis and is proprietary or is licensed to RobotShop by ROBOTSHOP COMMUNITY's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access ROBOTSHOP COMMUNITY that could potentially, and in any way, be harmful or cause any damages whatsoever to ROBOTSHOP COMMUNITY or RobotShop. Additionally, you agree that you will not:
Without limiting any other remedies, you agree and represent that RobotShop may, at its sole discretion, without notice, and without incurring any liability whatsoever, modify (without altering its original substance) or remove your User Content, warn ROBOTSHOP COMMUNITY's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to ROBOTSHOP COMMUNITY, and take technical and legal steps to keep a user off ROBOTSHOP COMMUNITY and refuse to provide Services to a user if, but without limitation, any of the following apply:
RobotShop suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or other policy documents and community guidelines; RobotShop is unable to verify or authenticate any of your personal information or User Content; or RobotShop believes that a user is acting inconsistently with the letter or spirit of RobotShop's policies, has engaged in improper or fraudulent activity in connection with ROBOTSHOP COMMUNITY or that its actions may cause legal liability, financial loss or any other kind of liability or damage to ROBOTSHOP COMMUNITY's users or to RobotShop.
RobotShop reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on ROBOTSHOP COMMUNITY.
Notwithstanding the above, in cases of what RobotShop considers minor breaches, and when deemed appropriate by RobotShop, it will apply the "3 strike warning system" before indefinitely suspending a user's account privileges. ROBOTSHOP COMMUNITY moderators will temporarily block members found to be in breach. The blocked member will then be contacted via email in order to ask further questions. The account will be reactivated after 2 (working) days on the first strike, 5 (working) days on the second strike and after 3 strikes the account will remain blocked.
ROBOTSHOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE ROBOTSHOP COMMUNITY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ROBOTSHOP, OFFICERS, DIRECTORS, EMPLOYEES AND ROBOTSHOP'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ROBOTSHOP SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL ROBOTSHOP, AND (AS APPLICABLE), OFFICERS, DIRECTORS, EMPLOYEES OR ROBOTSHOP'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF ROBOTSHOP COMMUNITY, THE SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ROBOTSHOP'S LIABILITY, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ROBOTSHOP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
YOU AGREE TO INDEMNIFY AND HOLD ROBOTSHOP AND (AS APPLICABLE) ROBOTSHOP'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
RobotShop does not guarantee continuous, uninterrupted access to ROBOTSHOP COMMUNITY, and operation of ROBOTSHOP COMMUNITY may be interfered with by numerous factors outside RobotShop's control.
Each provision of this Agreement is separate and distinct and, if a provision of this Agreement is determined to be invalid, illegal or unenforceable, all other provisions will remain in full force and effect.
RobotShop reserves the right to modify or terminate the Services for any reason, without notice, at any time. RobotShop reserves the right to alter these Terms of Conditions or other RobotShop policies at any time, so please review these Terms of Conditions and the policies frequently and before you post any new User Content as altered Terms and Conditions may apply to your new User Content. If RobotShop makes a material change, it will notify you here, by email, by means of a notice on our home page, or other places RobotShop deems appropriate. What constitutes a "material change" will be determined at RobotShop's sole discretion, in good faith, and using common sense and reasonable judgment.
This Agreement is governed by the laws of the province of Quebec and the laws of Canada applicable therein (without regard to conflicts of law principles). The parties irrevocably submit all disputes arising out of or relating to this Agreement to Quebec courts of the judicial district of Terrebonne.
Sections 1.2 (User Content), 1.4 (Idea Submissions), 1.7 (RobotShop's Intellectual Property), 1.9 (Breach), 1.10 (Privacy), 1.11 (No Warranty), 1.12 (Liability Limit), 1.13 (Indemnity), 1.15 (Severability), 1.17 (Governing Law and Jurisdiction), 1.18 (Survival) shall survive any termination or expiration of this Agreement.
Except as may explicitly be stated otherwise, any notices under this Agreement shall be given to RobotShop via its support page @ www.robotshop.com and, in your case, to the email address you provide to RobotShop (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.