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Terms and Conditions of Use

  1. Acceptance of Terms
    The following are terms of a legal agreement between you and Plazmic Inc. on its behalf and on behalf of its parent company, subsidiaries (including Research In Motion Japan Limited (formerly Plazmic K.K.)) and affiliates (collectively, "Plazmic"). By accessing, browsing and/or using this site, you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use. You further agree to be governed by any additional terms and conditions that may apply to you arising out your accessing, browsing and/or use of this site, whether contained on this site or in a separate agreement with Plazmic. In the event of any conflict between these Terms and Conditions of Use and such additional terms and conditions, such additional terms and conditions shall govern to the extent of the conflict. Plazmic reserves the right, in its discretion, to update or revise these Terms and Conditions of Use and to post such updated or revised Terms and Conditions of Use on this site. If you do not agree to these Terms and Conditions of Use, please do not use this site. Please check the Terms and Conditions of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.
  2. Privacy
    From time to time, you may be requested to provide Plazmic with personal information. Such personal information is subject to Plazmic's Privacy Policy. To view Plazmic's Privacy Policy, please visit the following link: http://www.plazmic.com/en/legal/privacy.shtml.
  3. Third Party Information and Links
    This site may contain links to third party Web sites ("Linked Sites"), and may incorporate information obtained from or uploaded onto this site by third parties ("Third Party Information"). The Linked Sites and Third Party Information are not under the control of Plazmic, and Plazmic is not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Linked Sites. Plazmic is not responsible for any form of transmission received from any Linked Site nor is Plazmic responsible if the Linked Site is not working appropriately. Plazmic provides such links and information to you only as a convenience, and the inclusion of any link or Third Party Information does not imply endorsement by Plazmic of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

    Any dealings with third parties conducted through the site or Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. Plazmic shall not be responsible or liable for any part of any such dealings.
  4. Your Use Obligations
    In consideration of your use of any services provided on the site, you agree to: (a) provide true, accurate, current and complete information about yourself where prompted by the site (such information being the "Personal Data") and (b) maintain and promptly update the Personal Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Plazmic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Plazmic has the right to suspend or terminate any services provided to you by Plazmic and refuse any and all current or future use of Plazmic services (or any portion thereof).

    You are responsible for all activities undertaken by you using any service provided by Plazmic, including, without limitation, access to materials on the Internet (whether at a password protected site or not). All such activities are at your own risk. You shall not use, nor permit others to use, this site or any Plazmic services provided through this site in a manner or for a purpose contrary to these Terms and Conditions of Use. In the event that you access other networks or computing resources, you agree to abide by their respective usage policies. You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the site, solicit another user's password, or otherwise act in a way that interferes with other users' use of the site. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.

    Services provided by Plazmic are not intended for use by children. In the event that you, as a legal guardian, wish to allow your child to use this site and/or any Plazmic services, you acknowledge that your child will have permission to access this entire site and any Plazmic services. You further acknowledge that, as the legal guardian, it is your responsibility to determine whether use of the Plazmic services and/or content transmitted through the Plazmic services is appropriate for your child.
  5. Prohibited Uses
    You may not use this site and/or Plazmic services in any manner which could damage, disable, overburden, or impair this site and/or any Plazmic services (or the network(s) connected to such site or services) or interfere with any other party's use and enjoyment of this site and/or Plazmic services. You may not attempt to gain unauthorized access to this site and/or any Plazmic service, other accounts, computer systems or networks connected to this site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this site.

    This site may contain message or communication facilities, including discussion forums, designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
    • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
    • Upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as software protected by intellectual property laws, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
    • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files.
    • Post, publish, modify, transmit, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Communication Services, our network or telecommunication services.
    • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
    • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
    • Falsify or delete any email headers, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of email, software or other material in order to disguise the origin of such email, software or material.
    • Restrict or inhibit any other user from using and enjoying the Communication Services, or create an unusually large burden on the Communication Services, such as by generating levels of traffic sufficient to impede others' ability to send or retrieve information.
    • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
    • Harvest or otherwise collect information about others, including e-mail addresses, without prior written authorization from such owners of such information.
    • Resell any of the Communication Services or use the Communication Services other than for your own personal purposes. Without limiting the foregoing, you agree that you will not use the Communication Services to provide Internet access or any other feature of the Communication Services to any third party.
    • Violate any applicable laws or regulations.
    • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity to mislead others.

    Plazmic has no obligation to monitor the Communication Services. However, Plazmic reserves the right to review materials posted to or sent through a Communication Service and to remove any materials in its sole discretion. Plazmic further reserves the right to terminate your access to any or all of the Communication Services and this site at any time, without notice, for any reason whatsoever.

    Plazmic reserves the right at all times to disclose any information as Plazmic deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Plazmic's sole discretion.

    Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Plazmic does not control or endorse the content, messages or information found in any Communication Service and, therefore, Plazmic specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

    Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, dissemination or other requirements. You are responsible for adhering to such limitations if you download the materials.

    All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") posted to any Communication Services by any users are the sole responsibility of those users. Plazmic does not guarantee the accuracy, copyright compliance, legality, integrity, quality, or decency of such Content. Posting your name, contact information, and any personal information in any Communication Services places that information into a public forum.
  6. Personal and Non-Commercial Use
    Unless otherwise specified, the services provided on this site are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site.
  7. International Use
    As this site may be accessed globally, if you choose to access this site from locations other than the United States, Canada, Japan or the United Kingdom, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, Plazmic makes no representation that materials on this site are appropriate or available for use in locations outside the United States, Canada, Japan or the United Kingdom, as applicable, and accessing them from territories where their contents are illegal is prohibited.
  8. Downloads
    All content and software (if any) that is made available to view and/or download in connection with this site, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Plazmic and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the software license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

    For the Plazmic Content Developer’s Kit License Agreement, please visit the following link http://www.plazmic.com/en/legal/index.shtml

    In the event that any Software is not accompanied by a license agreement that was either packaged with the Software or made available on this site relating to that particular Software, you have a non-exclusive, revocable, non-transferable license to use the Software for your own internal purposes, subject to the following restrictions: (i) you may not use the Software except as expressly permitted under these Terms and Conditions of Use and any documentation accompanying the Software (“Documentation”); (ii) you may not copy, reproduce or duplicate or attempt to duplicate the Software or Documentation in whole or in part; and (iii) you may not use the Software in any way which would constitute or would facilitate the commission of a crime or other illegal or tortious acts in the jurisdiction(s) in which You or anyone authorized by You use the Software or any derivatives created from the use of the Software. For the purposes of paragraph (ii) above, “copy, reproduce or duplicate” shall not include any reproduction that: (1) occurs during, and is essential for, the normal operation of the Software; or (2) occurs in the course of the regular back-up of the computer or computer system on which the Software is installed. In addition, the following sections of the Plazmic Content Developer’s Kit License Agreement shall apply to such Software: Sections 3.1 (Intellectual Property), 4.0 (Purchase Orders), 5.0 (Term), 6.0 (Warranty and Disclaimers), 7.0 (Indemnity/Liability), and 8.0 (General).

    You further agree that you will not download any content or software without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.
  9. Purchases
    By making any purchase from Plazmic through this site, you agree to abide and be bound by the terms and conditions of these Terms and Conditions of Use, along with any other terms and conditions that you agree to in the course of making your purchase. You further agree that you will not make any purchase from this site without complying with all applicable laws and regulations, and you warrant that you will not make any purchases through this site where such purchase is prohibited by local laws. You acknowledge that all purchases made by you through this site are for your internal or personal use only, and are not for resale or export. The use of any product purchased through this site may be subject to additional terms and conditions that apply to such product, whether such terms and conditions accompany the product or are made available elsewhere.

    In the unlikely event that you require a cancellation of your purchase contract made through this site, you must provide Plazmic with a written notice of such cancellation within: (a) thirty (30) days of entering into your purchase contract or (b) five (5) days of receipt of the goods or services purchased through this site, whichever first occurs.
  10. 10. Disclaimer of Warranties
    ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS SITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PLAZMIC MAKES NO WARRANTY THAT ANY SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. PLAZMIC HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS SITE; HOWEVER, PLAZMIC ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL PLAZMIC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
  11. Limitation of Liability
    YOU SPECIFICALLY AGREE THAT PLAZMIC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. YOU SPECIFICALLY AGREE THAT PLAZMIC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PLAZMIC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.

    IN NO EVENT SHALL PLAZMIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, AND (5) ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT PLAZMIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
  12. Indemnification
    Upon reasonable request by Plazmic, you agree to defend, indemnify, and hold harmless Plazmic and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site, including without limitation content sent or posted by you through the Communication Services, your connection to this site and/or Plazmic services, your non-compliance with these Terms and Conditions of Use, or your violation of any third-party rights. Plazmic reserves the right, at its 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 Plazmic in asserting any available defenses.
  13. 13. Content Submitted to RIM by You
    By posting, uploading, inputting, providing or submitting any information to this site, you consent to Plazmic's collection of such information, and you grant Plazmic, its affiliated companies and necessary sublicensees permission to use such submitted information in connection with the operation of this site and its business, including, without limitation, the worldwide, royalty-free rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted information; and to publish your name any contact information you approve of in connection with your submitted information. Plazmic does not claim ownership of the materials you provide to Plazmic in any way. You warrant and represent that you own or otherwise control all of the rights to any information submitted by you to Plazmic through this site or otherwise, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your submitted information. No compensation will be paid with respect to the use of your submitted information. Plazmic is under no obligation to post or use any information you may provide and Plazmic may remove any such information at any time in its sole discretion. For greater certainty, Plazmic does not claim ownership to any information that you may provide to Plazmic, unless otherwise expressly provided. Notwithstanding the foregoing, any suggestions, improvements or modifications to Plazmic products and services (“Enhancements”) made by you or anyone acting on your behalf, including your employees, will be the property of Plazmic without any further consideration to you, whether or not such Enhancements are incorporated into Plazmic products and services.

    In the event that you submit personal information to Plazmic in confidence through this site, you consent to the collection, processing, transmission and disclosure of such information by Plazmic for the purposes of Plazmic internal use and specifically the purposes set out on the web page requesting such information or in Plazmic's Privacy Policy. Plazmic will make commercially reasonable efforts to keep such personal information confidential, and shall not disclose such personal information to any third party except: (a) in confidence and to facilitate the provision of products and services to you, (b) to the extent required by law, or (c) in accordance with Plazmic's Privacy Policy.
  14. Intellectual Property Rights
    Neither you nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site, including without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with Plazmic. Any grants not expressly granted herein are reserved.

    All contents of this site are © 2005 Plazmic Inc. All rights reserved.

    The Plazmic family of related marks, images and symbols are the exclusive properties and trademarks of Plazmic Inc. PLAZMIC and PLAZMIC MEDIA ENGINE are registered with the U.S. Patent and Trademark Office and Canadian Intellectual Property Office and may be pending or registered in other countries. The BlackBerry, RIM and SureType families of related marks, images and symbols are the exclusive properties and trademarks of Research In Motion Limited. RIM, Research In Motion, "Always On, Always Connected" and BlackBerry are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries. All other brands, product names, company names, trademarks and service marks are the properties of their respective owners. The Software is protected by copyright, international treaties and patent rights.
  15. Modification to Services Provided
    Plazmic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services (including Communication Services) provided through this site (or any part thereof) with or without notice, or in accordance with the terms of your separate written agreement with Plazmic. You agree that Plazmic shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.
  16. Violation of Terms and Conditions of Use and Termination
    Where feasible (in Plazmic's sole discretion), Plazmic will advise you of any inappropriate behaviour on your part and any necessary corrective action. However, if this site or any Plazmic services are used in a way in which Plazmic, in its sole discretion, deems to violate these terms and conditions of use, Plazmic or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Communication Services (including the discussion board). Plazmic shall not be liable in any way for any such responsive actions. The above-described actions are not Plazmic's exclusive remedies and Plazmic may take any other legal, equitable or technical action it deems appropriate.

    Plazmic reserves the right to investigate suspected violations of these terms and conditions of use. You hereby authorize Plazmic to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these terms and conditions of use. Such cooperation may include Plazmic providing the username, IP address, or other identifying information about you. Upon termination of any account you may have with Plazmic, you authorize Plazmic to delete any files, programs, data and email messages associated with such account.

    Notwithstanding the foregoing, Plazmic reserves the right, in its sole discretion, to terminate your access to this site and Plazmic services or any portion thereof, for any reason without notice.
  17. Notice
    All demands, notices, communications and reports required under these terms and conditions of use, including any notice of infringement of your copyright, shall be in writing and shall be either sent by facsimile transmission with confirmation to the number specified below or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to Plazmic at the address specified below:

    Plazmic Inc.
    c/o Research In Motion Limited
    295 Phillip Street
    Waterloo, Ontario
    N2L 3W8
    Canada
    Telephone No.: 519-888-7465
    Fax No.: 519-888-1975
    Attention: Vice-President Legal
  18. General Provisions
    This agreement is governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these terms and conditions of use or to any contracts relating to goods or services obtained through this site. No joint venture, partnership, employment, or agency relationship exists between you and Plazmic as a result of this agreement or use of this site and/or Plazmic services. Plazmic's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Plazmic's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this site, Plazmic services or information provided to or gathered by Plazmic with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Plazmic with respect to this site and Plazmic services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Plazmic with respect to this site and Plazmic services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volont expresse des parties que la printe convention ainsi que les documents qui s'y rattachent soient regien anglais.

Posted: June 2005