Welcome to Rikibo Inc.

These terms and conditions outline the rules and regulations for the use of Rikibo Inc.'s Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Rikibo Inc.'s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and any organization you represent, and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated Web site and Services, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

License

Unless otherwise stated, Rikibo Inc. and/or it’s licensors own the intellectual property rights for all material on Rikibo Inc. All intellectual property rights are reserved. You own the intellectual property rights for any images that You choose to upload while using the service. Rikibo Inc. reserves the right to use these images and any other materials provided by You at our discretion in order to fulfill the Services. By submitting Customer Data, you grant us (and licensors) a non-exclusive, royalty-free license (with the right to sublicense) to use such Customer Data to provide any Services. We are not responsible or liable for any use of Customer Data in accordance with these Terms of Use. You represent and warrant that you have the necessary rights to grant the abovementioned rights to any Customer Data that you submit. Except for Customer Data, this Website, the Service and the information and materials that it contains (including any Service-related or other analytics), are the property of Rikibo Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms and Conditions and the payment of any applicable fees, Rikibo Inc. grants you a non-transferable, non-exclusive, license to use the Web site and Service (the "License"). Nothing in the Terms and Conditions gives you a right to use any of Rikibo Inc.'s names, trademarks, logos, domain names, or other brand features without our prior written consent. You shall not attempt to circumvent any of the usage rules or restrictions on the Web site. Any future release, update, or modification of the Web site or Service shall be subject to these Terms of Use. You may view and/or print pages from https://www.rikibo.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

1. Republish material from https://www.rikibo.com
2. Sell, rent or sub-license material from https://www.rikibo.com
3. Reproduce, duplicate or copy material from https://www.rikibo.com

Redistribute content from Rikibo Inc. (unless content is specifically made for redistribution).

No use of Rikibo Inc.’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Company Logo

After accepting the terms, Rikibo reserves the right to use Your company logo in marketing materials. These materials include Rikibo's website, case studies, infographics, or other.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to use to our Web site and any associated services, you agree to be bound to and abide by these terms and conditions.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Customer Data.

All information supplied by Customers ("Customer Data"), is the sole responsibility of such Customers. Customers are responsible for protecting their passwords, information and any content supplied to Rikibo Inc. in the course of their use of the service. Under no circumstances will Rikibo Inc. be liable for Customer Data, including, but not limited to, for any errors or omissions or for any loss of Customer Data.

Use of the Service.

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to fulfill numerous objectives, including but not limited to: obey any applicable laws, identify and prevent fraud, and provide customer and technical support. We reserve the right to deny any user access to Our Web site and associated Services at our sole discretion, without notice.

Security.

Rikibo Inc. cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your account and password. You agree to keep your password secure. Rikibo Inc. will not be liable for any loss or damage arising from your failure to comply with these requirements.

Custom Audiences

You represent and warrant that you (or your data provider) have provided appropriate notice to any subjects whose data shall be used in the creation of custom audiences. You agree that all data provided by You to Rikibo Inc. is in compliance with the terms and conditions of all partner sites, included but not limited to Facebook, Instagram, and Google.

Advertising Accounts

As part of the Services, You may need to provide access to any applicable advertising accounts, including your Facebook Ads Manager, Facebook Page, Instagram Page, and Facebook Business Manager. To do so, you will be prompted to submit to the authorization and authentication process set forth by our Partner Sites, including Facebook and Instagram, and Rikibo Inc. shall have no responsibility or liability for such processes or the information required by such Partner Sites. It is your choice whether to allow Us access to the advertising accounts in question. However, refusal to do so may severely limit Your access to the services provided by Us.

Payment Terms

All dollar amounts listed on the Website, Terms and Conditions, and any marketing or associated materials are in US Dollars. All customer accounts must be fully paid before the launch of any Campaign. The Minimum Monthly Payment is due on the first of every month while Your account is live. The first month of such engagement may be prorated as to enable You to only pay for the days that Your account is active.

Updates and Maintenance

In order to perform maintenance, including infrastructure and application upgrades, Rikibo Inc. reserves the right to temporarily suspend its Services without notice and for an indefinite period of time, within reason. Rikibo Inc. reserves the right to update, alter, suspend, or discontinue its Web site or Services at any time, without notice.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Prohibited Uses

Indemnification

You agree to indemnify, defend and hold harmless Rikibo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE STATED, VENDOR DOES NOT REPRESENT THAT CUSTOMER'S USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPED OR ERROR FREE, OR THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE AND/OR DOCUMENTATION WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY VENDOR OR THE OPERATION OF THE SERVICES WILL BE SECURE OR THAT VENDOR AND ITS THIRD PARTY VENDORS WILL BE ABLE TO PREVENT THIRD PARTIES FROM ACCESSING CUSTOMER DATA OR CUSTOMER'S CONFIDENTIAL INFORMATION, OR ANY ERRORS WILL BE CORRECTED OR ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE. THE WARRANTIES STATED ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY VENDOR. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS STATED ABOVE, THE SERVICE IS PROVIDED TO CUSTOMER ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR COMMERCIAL USE ONLY. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR THE CUSTOMER'S PURPOSE.

LIMITATIONS OF LIABILITY

No Consequential Damages: NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST OR CORRUPTED DATA OR CONTENT, LOST REVENUE ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE SERVICE, THE USE OF THE SERVICE OR THE INABILITY TO USE SERVICE), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Direct Damage Limitations: IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VENDOR OR ANY THIRD PARTY VENDORS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY LICENSE, USE, OR OTHER EMPLOYMENT OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THERE SHALL BE ONLY ONE AGGREGATE LIABILITY CAP UNDER THIS AGREEMENT EVEN IF THERE ARE MULTIPLE CLAIMS; EACH CLAIM SHALL REDUCE THE AMOUNT AVAILABLE IN THE AGGREGATE LIABILITY CAP.

VENDOR SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE LOSS OR CORRUPTION OF ANY DATA OR CONTENT WHETHER RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS OR OTHERWISE.

EXCLUSIONS

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL NOT APPLY WITH RESPECT TO: (I) DAMAGES TO PERSONS AND/OR TANGIBLE PROPERTY OCCASIONED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF A PARTY, (II) BREACHES BY CUSTOMER OF LICENSE TERMS APPLICABLE TO VENDOR PROVIDED SOFTWARE AND THIRD PARTY PRODUCTS AS SET FORTH IN SECTION 2 ABOVE, (III) CUSTOMER'S UNAUTHORIZED USE OF VENDOR'S OR THIRD PARTY VENDOR'S INTELLECTUAL PROPERTY, MATERIALS OR ASSETS; or (IV) CLAIMS THAT ARE THE SUBJECT OF INDEMNIFICATION (WHICH ARE SUBJECT TO THE LIMITS, IF ANY CONTAINED THEREIN). DAMAGES AS LIMITED BY THIS SECTION ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IF ANOTHER REMEDY IS PROVIDED AND SUCH REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 100 College St, Toronto, ON, M5G 1L5, Canada.

Changes to Terms and Conditions

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Should you have any questions related to our Terms and Conditions, please email support@rikibo.com.