Terms of Service

Date of Last Modification: Effective 25 August, 2010

Welcome to sunrank.com! To complete the registration process, please read and accept the following information detailing your obligations, terms and conditions as a user. sunrank, including its affiliates, successors and assigns, ("sunrank", “us”, “our” or ‘we”) provides the website located at URL: www.sunrank.com and features contained thereon, as well as, any and all emails, newsletters and other services provided by us (collectively the “Website”) subject to the following terms and conditions, including without limitation, the Privacy Policy (“Agreement”).

Acceptance of Terms

The web pages of sunrank.com and all linked pages within the domain are owned and operated by sunrank inc., an Ontario registered business, and is accessed by you under the Terms of Service described below.

 PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. SUNRANK’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY SUNRANK, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

We reserve the right to change, modify, add, or delete portions of the Terms of Service at any time without notice. If we do this, we will post the changes to the Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued used of the Service or Site constitutes your acceptance of any new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access the service or the site. You may only use the Website pursuant to the following terms and conditions; if you access and/or use the Website, you accept this Agreement. We strongly recommend you read the Agreement carefully. Use of the Website by you is also subject to all additional terms and conditions of third party content and/or service providers ("Third Party Licensors") as stipulated on applicable pages of the Website or through links in this Agreement, which you accept by your use of the Website.

1. Terms/Description of Service

sunrank (the ‘Service’) is an online community, platform, and resource based on information sharing and voting. You understand and agree that the Service is provided on an ‘as is’ and ‘as available’ basis. sunrank disclaims all responsibility and liability for the availability, timelessness, security or reliability of the Service.

This agreement will remain in full force and effect while you use the website and/or are a member. You may terminate your membership at any time by following the instructions in the “Deactivate Account” area in the “Account” section, under “Settings”. sunrank reserves the right to refuse or terminate service to anyone at any time without notice for any reason, explicit or otherwise.

Personal use: The Service is made available to you for your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for all activities that occur under your account.

Due to certain sensitive content, you must be at least eighteen (18) years of age to access certain web pages deemed “explicit” on the site. Confirmation of your date of birth will be requested prior to entering said pages. Members, especially those below the age of eighteen, are cautioned against sharing personal or identifiable information.

You may not (i) select or use as a sunrank User ID a name of another person or brand with the intent to impersonate that person or brand; (ii) use as a sunrank User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a sunrank User ID a name that is otherwise offensive, vulgar or obscene; (iv) use avatars depicting explicit or offensive material. sunrank reserves the right to refuse registration of, cancel, or reassign a sunrank User ID in its discretion. You are responsible for maintaining the confidentiality of your sunrank password. Do not share this password with anyone; your account is non-transferable.

We reserve the right to refuse to provide our services to anyone at any time. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without provision of any prior notice. You agree that we will not be liable to you or any third party for taking any of the following actions:

a)     Refuse, move, or remove any material or content that is available on the Website or you submit to the Website;

b)    Change, suspend, or discontinue all or any part of the Website;

c)     Restrict, suspend, or terminate your access to all or any part of Website;

d)    Deactivate or delete your accounts and all related information and files; and/or

e)     Establish general practices and limits concerning use of the Website.

2. Non-Commercial Use and User Conduct

This Service and Website are for the personal use of individuals only. Commercial use is prohibited without the express written permission of the Company. No user may copy, transfer, or use any site contents belonging to or posted by sunrank or its members for the purposes of selling, engaging in, marketing, or promoting any other product or service for commercial or other gains without the express written permission of the Company. You may not grant any other person or party access to your sunrank account or profile for the purposes of extracting information or content.

By way of example, and not as an exhaustive limitation, you agree not to use the Service:

1. To abuse, harass, threaten, impersonate or intimidate other sunrank users;
2. To post or transmit, or cause to be posted or transmitted, any content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise in violation of any law or right of any third party;
3. For any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any sunrank user;
5. To create or submit unwanted email or messaging of any kind ("Spam") to any other sunrank users or any URL;
6. To violate any laws in your jurisdiction (including but not limited to copyright laws);
7. To submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
9. Other than page caching and directly intended use, you are prohibited from downloading or modifying the Website, or any portion of it, except with the express written consent of sunrank. This license does not include and strictly forbids: any resale or commercial use of the Website or its contents; any collection and use for commercial purposes of any sunrank content;
10. To (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
11. With the intention of artificially inflating or altering the 'sunrank score', comments, or any other sunrank service, including by way of creating separate user accounts for the purpose of artificially altering sunrank's services; giving or receiving money or other remuneration or compensation in exchange for votes or comments or reviews; or participating in any other organized effort that in any way artificially alters the results of sunrank.com's data or scoring;
12. To advertise to, or solicit, any user to buy or sell any products or services or philosophies; it is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
13. For any commercial purposes without express written consent of sunrank, including but not limited to having any portion of the site reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including images, text, page layout, or form of sunrank.com without express written consent of sunrank. You may not use any meta tags or any other "hidden text" utilizing sunrank's name or trademarks without the express written consent of sunrank.
14. Attempt to impersonate another user, entity, person, brand, or corporate identity;
15. Sell or otherwise transfer your profile.

IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, BY MODIFYING ANY CONTENT) ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD PARTY TO MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO RANK OR PROMOTE OR DEBASE ANY CONTENT).

3. Rights in Site Content

sunrank owns and retains all proprietary rights in the Website and Service. You may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary content or information for commercial gain without our express written consent.

By publishing, displaying, or uploading (collectively "Posting") any text, links, images, video, messages, any other data, or information (collectively, "Content") on the website, including any profile information and avatar, you warrant that you have the right to grant to sunrank an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to copy, perform, display, distribute, create derivative works of, or incorporate in to other works, right and authorization to the sublicensing of such Content via any medium.

You also agree that you are solely responsible for all Content and Materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Website or elsewhere. You understand and agree that you may be held liable for any illegal or prohibited Materials that you provide to the Website or to others, including, by way of example only, infringing, defamatory, or offensive Materials.

Members may determine who may view their full profile. By allowing all people to view your profile contents, any user, even those who are not members, may be allowed to view your public profile information. Carefully consider the level of access you wish to allow in your sunrank profile. Regardless of your profile settings, a public profile will display your User Name, Profile Image, Lists and Selections, and the URL to your Public Profile. 

4. Prohibited Content

You may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible on or through the Website any Materials or Content that sunrank prohibits, including, but not limited to, that which:

·  is offensive to the community or its moderators and administrators;

·  contains content from restricted or password-only access pages, or hidden pages or images including but not limited to those not linked to or from another accessible page;

·  promotes bigotry, hatred, or harm to others;

·  involves the transmission of "junk mail" or messages including spam and unsolicited mass mailing;

·  includes any false or misleading information;

·  promotes or provides information on illegal activities or abusive conduct;

·  is threatening, obscene, defamatory, or libellous;

·  infringes any patent, copyright, trademark, service mark, trade secret, or rights of publicity or privacy or other proprietary right of any other party;

·  constitutes or includes any unauthorized copy or derivatives of another's copyrighted work;

·  constitutes or includes any commercial activity, without the express written consent of sunrank;

·  solicits personal information or passwords from anyone under 18, or personal identifying information for commercial or unlawful purposes from other users.

Although the above is prohibited, there is a chance that you will become exposed to such items while using the Website. If so, please recognize that neither we, nor any of our officers, directors, employees, shareholders, advertisers, corporate partners, or moderators, or administrators can be held responsible for any damages (to or from any party) related to any such exposure. Your usage of sunrank.com indicates an explicit understanding that your viewing of any Content on the site is entirely up to your discretion and that you use the site at your own risk. 

5. Removal of Content

We may review and/or delete any Content on any area of the website that we believe to violate this Agreement, be offensive or illegal, or might harm, violate the rights of, or threaten the safety of any other person or party. We may review and/or delete any Content on any area of the website for any reason.  

6. Copyright and Fair use

Members are solely responsible for the content that they upload, publish, or display ("Post") on the website. You may not post, transmit, or share Content on the Site that you do not have permission to post. The Company may (without notice) delete or remove any site content which is seen to violate copyright. 

sunrank.com is largely a site for criticism, commenting, disambiguation, satire, parody, promotion, and review. As such, posting of certain copyrighted content is acceptable under “Fair use” doctrine, as it helps to illustrate an item or topic in discussion. This is ratified in and thusly in accordance with the Digital Millennium Copyright Act of 1998. That being said, such use must not violate another’s intellectual property, human, or creative rights. If you feel that the material you are uploading does infringe upon another’s rights, please cease doing so and remove said content. Additionally, copyright law and Fair use may vary from one jurisdiction to another; please be mindful of local regulations. 

We respect the intellectual property rights of others and prohibit users from violating another party's intellectual property rights on the sunrank.com website. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and may terminate the accounts of repeat infringers. 

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification by providing us with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you or your representative agent, such as an address, telephone number, and, if available, an electronic mail address;
5. 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
6. A statement that the information in the notification 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.

Send this notification with the subject “Attn: Copyright Complaints” to: feedback@sunrank.com. 

7. Third Party Websites and Content

sunrank.com contains links to other websites and content. sunrank does not monitor, investigate or check these sources for accuracy, appropriateness, or completeness, and we are not responsible for any such content or data. If you leave the site to access Third Party Websites or Content, you do so at your own risk. 

8. User Disputes

You are solely responsible for your interactions with other Members. Although we have no obligation to do so, we reserve the right to monitor disputes between Members, and take appropriate action, in our sole discretion. 

9. Electronic Communications

You are communicating with sunrank electronically when you visit the Website or send emails to sunrank. sunrank will communicate with you by email or by posting notices on the Website. You hereby acknowledge and consent to receive communications from sunrank electronically. You consent that all agreements, notices, disclosures and other communications that sunrank provides to you electronically satisfy any legal requirement that such communications be in writing. 

10. Privacy

Clickhere to view sunrank.com's Privacy Policy (www.sunrank.com/privacy). By using this Website, you consent to having your personal data transferred to and processed in the United States and/or Canada and/or wherever any of our data centers may be located.

11. Disclaimers

1. We are not responsible or liable in any manner for offensive, incorrect or inaccurate Content, Third Party Applications or Software on or posted to the Website, whether caused by users of the Website, Members, advertisers, corporate partners or any equipment or programming associated with the Website.
2. We are not responsible for the conduct of users of the website, and will not under any circumstances be responsible for any loss, damage, personal injury or death resulting from anyone's use of the website whether online or offline.
3. The Website is provided "as is" and we expressly disclaim any warranty of any kind. No advice or information obtained by you from us, or through the website shall create any warranty not expressly stated herein. We assume no responsibility for any problem, technical malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, or any injury or damage to any computer equipment belonging to any user of the Website. We cannot guarantee and do not promise any specific results from the use of this Website.
4. The Company reserves the right to change any and all content, software, and other items used, offered, or contained in the Site, at any time, without notice. Reference to any products, services, processes, or other information does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation herewith, the Company.

12. Limitation on Liability

THE WEBSITE IS PROVIDED “AS IS.” IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, SERVICE, OR ANY SITE CONTENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Governing Law; Venue and Jurisdiction

If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

14. Arbitration and Equitable Relief

You and Company agree that the sole and exclusive form and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the site and/or the service shall be settled by expedited arbitration to be held in Ontario. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.

NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SUNRANK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 

15. Notices

All notices required under this Agreement must be in writing and refer to the title and Effective Date of this Agreement. Notices shall be effective upon (a) actual delivery to the other party, if delivered in person, or by facsimile, or by national overnight courier; or (b) five business days after being mailed via Canada Postal service, postage prepaid. All notices shall be sent to the address stated in this Agreement or at such other address as either party may provide by advance written notice in accordance with this subsection. 

16. Indemnity

You agree to defend, indemnify and hold harmless sunrank, any parent or affiliated corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the sunrank.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the sunrank.com Website. You should also note your obligations to indemnify sunrank (among others) for the Materials you submit as set forth in the SUBMISSIONS section below. 

17. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

IF YOU SUBMIT ANY CONTENT TO THE WEBSITE, YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY MATERIALS, INFORMATION OR CONTENT TO US IS AT YOUR OWN RISK. SUNRANK DOES NOT ASSUME ANY LIABILITY TO YOU OR ANYONE ELSE WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH CONTENT OR INFORMATION IN ANY WAY.

18. Survival

The respective rights and obligations under the Sections headed: Term, Rights in Site Content, User Disputes, Disclaimers, Limitation on Liability, Governing Law; Venue and Jurisdiction, Arbitration and Equitable Relief, Indemnity, Survival, and Other, in addition to any payment obligations incurred pursuant to this Agreement, shall survive the termination or expiration of this Agreement.

19. Other

This Agreement, together with the Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the website, constitute the final and complete agreement between you and Us regarding the use of the Website or the Service, and supersedes any prior or contemporaneous communications, representations or agreements between the parties, whether oral or written.

20. Questions

Please contact us with any questions regarding this Agreement at: feedback@sunrank.com.

sunrank
5th floor, 69 Yonge Street
Toronto, Ontario, M5E 1K3
Canada