Terms of Service
Last Modified on: April 11, 2024
Note: We have made certain updates to these Terms of Service, including without limitation, adding terms regarding amounts that may be withheld by Platforms for tax purposes (see Section 12). For more information, see: https://support.google.com/youtube/answer/10391362?hl=en.
These Terms of Service apply to your access or use of our websites (including if you are using our website to sign up with us as a Content Provider or other service provider), mobile applications, and any product or platform we offer or through which we provide services (collectively, “Services”), all as set out in the terms and conditions below.
The Services are owned and operated by RHEI Creations Corp. and/or its affiliated companies and subsidiaries (referred to collectively as “RHEI”, “we” “us” or “our”).
Please read these terms and conditions before using our websites and Services.
1. Consent & Eligibility
By using the Services or any part of or content included in or made available through the Services, you agree to the terms and conditions set out in these Terms of Service and RHEI Privacy Policy – incorporated herein by reference and found at rhei.com/privacy-policy/.
RHEI uses YouTube APIs, and by using YouTube Content within RHEI’s Sites and Services you are agreeing to be bound to YouTube’s Terms of Service, which can be found at https://www.youtube.com/t/terms and Google’s Privacy Policy, which can be found at https://www.google.com/policies/privacy. Third-party social networking services, such as Google and YouTube, may update their Terms of Service and Privacy Policies at any time, and RHEI is not responsible for your review of any changes or updates to these. We recommend that you review YouTube’s Terms of Service and Google’s Privacy Policy regularly.
If you do not agree to any of the terms or conditions in these Terms of Service or the Privacy Policy, please do not use the Sites or Services. By using the Services, you affirm that you are either of the age of legal majority or an emancipated minor. If you are minor between the ages of 13 and the age of legal majority, you may only use the Services under the supervision of a parent or guardian who agrees to be bound by these Terms of Service. The Services are not intended for users under the age of 13. If you are under 13, do not use these Services.
2. Third Party Content
RHEI’s Services may display some content (including without limitation ads) that is owned by third parties. This content is solely the responsibility of the third party that makes it available. RHEI is not responsible for the content of any other website, whether or not it is linked from or to this site. You agree that RHEI shall not be liable for any such third party websites or content.
No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from the Services.
3. Trade Marks
“RHEI”, “RHEI Creations”, “VISO”, “VISO Catalyst”, “VISO NOVI”, “TGN”, “Opposition”, “WIMSIC”, “Outspeak”, “HooplaKidz”, “Squad Rivals”, “YoBoHo”, and other trademarks, trade names, service marks, logos and images displayed on or through the Services are owned or licensed by RHEI.
4. Copyrights
The Services, and all content included in the Services, including without limitation, the content on this website, and all design, text, graphics, content, video, and/or audio related thereto, are the property of RHEI, and/or (where applicable) third party licensors and are protected under the copyright laws of Canada and other countries. None of the content found on the Services may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of RHEI.
5. Permitted Use
All Services and all content which forms part of the Services are the property of or licensed to RHEI. You are authorized to access the content for your personal, non-commercial use only, provided that any copy of this material retains all copyright, disclaimer or other proprietary notices on it. Any other copying, use or reverse engineering of the content or materials made available through the Services is prohibited without the express written permission of RHEI.
You may not make any commercial use of the Services or any content on the Services without getting prior written permission from RHEI.
Nothing in these Terms of Service shall operate to grant any other right or license to any intellectual property of RHEI or any third party.
You are prohibited from contributing, posting or transmitting to the Services any infringing, unlawful, threatening, or pornographic content.
In using the Services, you agree to comply with all applicable laws, rules and regulations.
In its sole discretion, in addition to any other rights or remedies available to RHEI, and without any liability whatsoever, RHEI may terminate or restrict your access to any of the Services. RHEI reserves the right to modify or to terminate any of its Services at any time.
6. User Name and Password
You may need to create an account or profile accessed by a user name and password in order to use some of our Services. For security reasons, you must keep your user name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized RHEI representative. You should change your password on a regular basis, and you must log out at the end of each session.
You must immediately notify RHEI of any suspected or actual unauthorized use of your user name or password.
7. Privacy
The Privacy Policy found at https://rhei.com/privacy describes how RHEI collects and uses your data and protects your privacy. By using the Services, you agree to the terms and conditions of the Privacy Policy.
8. Your Content and Feedback
Certain of the Services may allow you to submit content (including without limitation graphics, artwork, written works and software). If you choose to submit such content to us through the Services or through email or methods of delivery, you grant RHEI a non-exclusive, royalty-free, perpetual, worldwide, sublicensable license right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media, for commercial or non-commercial purposes.
If you submit to us feedback or suggestions on our Services or other parts of RHEI’s business, you agree to grant RHEI a non-exclusive, worldwide, perpetual, irrevocable, transferrable, sub-licensable, royalty-free, fully-paid-up license to use such feedback or suggestions for any purpose without any compensation or obligation to you.
9. Tipping Features of Platforms
In all circumstances where the content distribution service or platform on which any of your content is distributed (a “Platform”) has a feature that enables you to receive voluntary payments from end users, including those where end users may obtain access to certain benefits on such Platform in exchange for such payment(s) (such a feature referred herein as a “Tipping Feature”; and a Platform having a Tipping Feature referred herein as a “Tipping Platform”), and you enable, or authorize RHEI to enable on your behalf, a Tipping Feature, you acknowledge and understand that you are making an offer to end users, and that when an end user makes a payment to you (collectively, “Tips”), it signifies such end user’s acceptance of this offer and the formation of an agreement between you and the end user. Accordingly, as between RHEI and you, you are solely responsible to such end user for any and all legal obligations that arise from such agreement, including fulfilling any offers or promises made to the end user in connection therewith.
As an essential condition of RHEI facilitating a Tipping Feature on a Tipping Platform for you as a Service, you acknowledge and agree: (a) to promptly take all such action as may be required by RHEI or the applicable Tipping Platform to permit the Tipping Feature to be enabled, including having a valid payment account as RHEI or the applicable Tipping Platform may require from time to time; (b) to comply with any and all policies, procedures, or end-user agreements of all applicable Tipping Platforms, including without limitation, such Platforms’ Terms of Use and Privacy Policies (collectively, the “Content Guidelines”) or other legal agreement applicable to your payment account with the relevant Tipping Platform; (c) that RHEI will only facilitate a payment of your Tips subject to the following: (i) you are a Content Provider who has entered into a fully executed Content Provider agreement with RHEI (“Content Provider Agreement”); (ii) your earned balance of Tips owing to you for a given calendar month is twenty dollars (US$20.00) or more; (d) if your earned balance of Tips owing to you is less than twenty dollars (US$20.00) but greater than One Dollar (US$1.00), RHEI will pay your earned balance within approximately 45 days following the end of the calendar year, or the end of the calendar month in which your earned balance exceeds twenty dollars (US$20.00), whichever comes first; (e) that in the event that your Content Provider Agreement is terminated, RHEI shall pay to you your earned balance of Tips owing to you within approximately 90 days after the end of the calendar month in which RHEI recognizes that such agreement has been terminated, but in no event shall RHEI make payments for any earned balance less than Ten Dollars (US$10.00); (f) that you are responsible for determining if any Tips are subject to transaction or indirect taxes (including, for example, VAT), and for remitting such taxes to the appropriate taxing authority; and (g) not to use any Tipping Feature to solicit or accept Tips: (i) induced by fraudulent or misleading representations; (ii) for political causes; (iii) as charitable donations; (iv) for your service if any part of such services violates any applicable Content Guidelines or laws, rules, and regulations; (v) for any other service beyond the production and distribution of your content or for goods or any other valuable consideration; (vi) for the purpose of funding a specific goal, project or purchase; or (vii) of less than one dollar or that exceed $500 per day, per end user.
Either RHEI or the applicable Tipping Platform may issue a refund if it determines, in its respective sole discretion, that the circumstances justify a refund. In the event that RHEI or the applicable Tipping Platform party issues a refund, you authorize that party to deduct the refund from any revenue owing to you by such party.The applicable Tipping Platform may require and charge a transaction fee on each payment of a Tip (the “Platform Tipping Fee”) and revise such fee from time to time. You acknowledge and agree that: (a) RHEI is under no obligation or liability to notify you of any such revisions to a Platform Tipping Fee; (b) you are responsible for any taxes relating to the payment of a Platform Tipping Fee; and (c) if RHEI is required to charge taxes to you in connection with a Platform Tipping Fee, then RHEI will include those amounts in the applicable payment reports by RHEI, in addition to each Platform Tipping Fee.
RHEI will not charge you any fees for any Tips, provided, however, that RHEI reserves the right to decide at any time during the application of these Terms of Service, and in its sole discretion, to charge you any fees it reasonably determines to be necessary for its administration of the applicable Tipping Feature on a Tipping Platform (the “RHEI Tipping Fee”) and to revise the amount of the RHEI Tipping Fee from time to time and in its sole discretion. If RHEI decides to implement a RHEI Tipping Fee, or to revise the amount of such a fee, RHEI will give you a 30-days’ written notice of this decision. You acknowledge and agree that: (a) any RHEI Tipping Fee is exclusive of taxes imposed by laws and governmental entities of whatever kind, and you will be responsible for any taxes relating to the payment of such fees; and (b) if RHEI is required to charge taxes to you in connection with a RHEI Tipping Fee, then RHEI will include those amounts in the applicable payment reports by RHEI, in addition to each RHEI Tipping Fee.
10. Digital Money and Digital Goods and Services
In the event that the Services permit you to purchase virtual or digital currency (“Digital Money”) and to use that Digital Money to purchase virtual or digital items or services (“Digital Goods and Services”), such as through RHEI’s mobile applications, you acknowledge and agree that such Digital Money and Digital Goods and Services have no monetary value and cannot be exchanged for real or physical money, goods, or services. The purchase of Digital Money and Digital Goods and Services is restricted to users who are either of the age of legal majority or have the consent of their parent or guardian to make such purchase.
The purchase of Digital Money grants you a limited, non-transferable, non-sublicensable, revocable license to use such Digital Money to purchase Digital Goods and Services for your own personal, non-commercial use of the Services. You acknowledge and agree that you do not acquire ownership rights in or to such Digital Money or Digital Goods and Services. You agree that Digital Money cannot be purchased from any third-party platforms, exchanges, brokers, or other mechanisms, unless expressly authorized by RHEI. Once you acquire a license to Digital Money or Digital Goods and Services, you may not transfer, sell, or exchange such Digital Money or Digital Goods and Services to another individual or account. RHEI may revise the pricing and availability of Digital Money and Digital Goods and Services at any time.
You agree that all purchases of Digital Money and Digital Goods and Services are final and that RHEI will not permit exchanges or refunds of any unused Digital Money or Digital Goods and Services once the transaction is complete. If you are a resident of the European Union, you have certain rights to withdraw from online purchases; however, upon the purchase of Digital Money, your right of withdrawal is lost once Digital Money is credited to your account. RHEI may provide a VAT invoice to residents of the European Union where required to do so by law or where requested by you. RHEI has no obligation to reimburse or refund you for any Digital Money or Digital Goods and Services lost due to cancellation, suspension, or termination of your account.
11. Modifications to Platform Policies and Procedures
In the event that a Platform modifies its policies or procedures, or the manner or format in which data or documentation is provided to RHEI in connection with such policies or procedures (e.g. data reports), and such modification requires RHEI to modify its own policies or procedures in order to reasonably continue to perform its obligations owing to you pursuant to an executed agreement between you and RHEI (e.g. the payment of funds), all as determined by RHEI in its sole discretion, RHEI shall have the right to delay or postpone the performance of such obligation for a reasonable period of time, as determined by RHEI in its sole discretion, in order for RHEI to modify its policies or procedures and/or to take reasonable steps to implement any such modification to its policies or procedures.
12. Tax Withholding
In the event that a Platform withholds any amounts of revenues for tax purposes (e.g. withholding tax), which amounts would otherwise be received by RHEI from such Platform and then shared in part with you under an agreement between you and RHEI, RHEI’s procedure for calculating your share of the revenues received by RHEI will be as follows: (i) RHEI will first determine the amounts payable to you under such agreement as though no such withholding was first applied by the Platform, and then (ii) RHEI will deduct from such amounts payable to you the amounts withheld by the Platform, and will pay you the remainder.
13. No Representations and Warranties
Other than as expressly set out in these Terms of Service, neither RHEI nor its suppliers, distributors or partners or their respective directors, officers, employees, agents or contractors make any representations or warranty, whether express or implied, regarding the quality, accuracy or completeness of the Services or any information or content (including third party content and links) available through the Services, and, to the extent permitted by applicable law, expressly disclaim all warranties and conditions in respect of the Services and their content and data (including without limitation third party content and links), including without limitation implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The Services and the content and information made available through the Services are provided “as is”.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RHEI AND ITS SUPPLIERS, DISTRIBUTORS AND PARTNERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR CONTENT OR INFORMATION ACCESSED THROUGH THE SERVICES, THE OPERATION OF THE SERVICES, OR ANY FAILURE OR DELAY IN OPERATION OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
THE SERVICES ARE CONTROLLED AND OFFERED BY RHEI FROM FACILITIES LOCATED IN CANADA. RHEI MAKES NO REPRESENTATIONS THAT THE SERVICES OR ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES ARE SUITABLE FOR RESIDENTS OF OTHER JURISDICTIONS. YOU AGREE THAT YOUR ACCESS OR USE OF THE SERVICES FROM OTHER JURISDICTIONS IS AT YOUR OWN RISK AND THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH THE LAWS OF SUCH OTHER JURISDICTION(S).
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF RHEI AND ITS SUPPLIERS, DISTRIBUTORS AND PARTNERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE SERVICES OR TO CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID RHEI TO USE THE SERVICES, OR IN THE CASE OF AN UNPAID SERVICE, TO USD$200.
15. Indemnification
You shall indemnify and save harmless RHEI and its suppliers, distributors and partners, and their respective officers, directors, employees, contractors and agents from and against any claim, action or demand (including any liability, expense, damages, judgements or reasonable attorney fees arising out of such claim, action or demand) arising out of or in connection with your use of the Services or any content or information available through the Services, or any breach of these Terms of Service.
If you are using the Services on behalf of a business, that business accepts these Terms of Service, including the above indemnification provisions.
16. WAIVER OF JURY TRIAL AND CLASS ACTION
YOU AND RHEI HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS OF SERVICE. YOU AND RHEI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Modification to these Terms of Service
We may change these Terms of Service from time to time. We will post any changes to these Terms of Service on this web page, and if the changes are significant, we will post a more prominent notice on this page. You may determine when these Terms of Service were last changed by referring to the modification date found at the beginning of these Terms of Service.
You agree that your continued use of the Services after notice of such change shall constitute your acceptance of these Terms of Service.
You agree to review these Terms of Service regularly in order to inform yourself of any changes to these Terms of Service.
18. Application of these Terms of Service
These Terms of Service apply to your use or access of the Services. However, other RHEI products and service that you use may have their own separate written terms and conditions, and in such case, such other terms and conditions will become part of your agreement with RHEI.
If you sign up with us as a Content Provider or other service provider and enter into a Content Provider agreement or other service agreement with us, in the event of an express conflict between such service agreement and these Terms of Service, the service agreement will control for the conflict.
19. Additional Terms and Conditions
The provisions of these Terms of Service shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
No waiver of any of term or condition of these Terms of Service shall be deemed to be a continuing waiver of such term or condition or other terms or conditions, and RHEI’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service may not be assigned or transferred by you but may be assigned or transferred by RHEI at its discretion.
The headings used in these Terms and Conditions are included for convenience only and will not be used to interpret or limit these Terms of Service.
The provisions found under Sections 7 (Privacy), 8 (Your Content and Feedback), 9 (Tipping Features on Platforms), 10 (Digital Money and Digital Goods and Services), 13 (No Representations and Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16 (Waiver of Jury Trial and Class Action), 17 (Modification of these Terms of Services), and 19 (Additional Terms and Conditions) will survive these Terms of Service and your use of the Services.
This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada. You agree to submit to the exclusive jurisdiction of the courts located in the City of Vancouver, British Columbia, Canada, in all disputes arising out of or relating to the use of the Services and these Terms of Service. The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
For information on how to contact RHEI, please see the contact information at the bottom of the rhei.com website.