CONDITIONS OF USE, PRIVACY
AND FORBIDDEN ARTICLES & SERVICES
describes the CONDITIONS on which RentMyStock.com
allows and offers access to its services and it is effective since the 3rd of September
2007 for all Users.
THE USE OF
THIS WEBSITE IMPLIES THE ACCEPTANCE OF ALL THE CLAUSES CONTAINED IN THE CONDITIONS OF USE AND THE PRIVACY SECTIONS OF THIS DOCUMENT AND
THE LIST OF FORBIDDEN
ARTICLES & SERVICES THAT YOU WILL FIND AT THE END OF THIS PAGE.
IF YOU DO NOT AGREE TO BE BOUND BY THE CONDITIONS AND CONDITIONS OF THIS
DOCUMENT, DO NOT USE THE SITE OR ACCESS THE SERVISES OF RentMyStock.com
Corp. (from now on, " RentMyStock") has its address in 4844 Rue
Cartier, H2H1X2 Montreal, QC, Canada and offers its services in the Web page http://www.rentmystock.com/. To contact RentMyStock
and its directives send an e-mail via our support form
be able to modify these CONDITIONS OF
USE as well as the PRIVACY clauses
and the list of FORBIDDEN
ARTICLES & SERVICES in any moment, simply by publishing them in
its Website. It is understood that You (from now on called "You" or
" The User" equally) have read and accepted them at the moment of
entering RentMyStock’s Website or when hiring the services of RentMyStock. The
headings or titles of the clauses and the different sections should be
understood as a reference and in no way they define, limit, interpret, construe
or describe the scope or extent of it. If after reading these document You
still have any questions, send us an e-mail via our support form
CONDITIONS OF USE
Definition of User: In this document the words “User” or “You” is used to refer
to every person that enters, uses or places an announcement in RentMyStock’s
Webpage. RentMyStock’s services are available only to, and may only be used by
individuals who can form legally binding contracts under applicable law. RentMyStock’s
services are not available to persons under the age of 18. (Please see
clause No 18)
Your RentMyStock account and your Personal Data (see clause Nr. 19 and 20) can
not be transferred or sold to third parties. The User agrees that if RentMyStock
is suspicious that an illicit activity or an activity that infringes the rights
of intellectual or industrial property was or is being committed, RentMyStock
can and will use all the means to fight it, including giving to the authorities
limited access to the data that the involved Users have given to RentMyStock.
RentMyStock is generally free of fees for the leaser.
The updated fees are available at http://www.rentmystock/rent/?a=how_to_rent
and it is understood that You accept
them at the moment You make your payment.
The posting of articles on RentMyStock is with costs. The updated fees are available at http://www.rentmystock/rent/?a=how_to_rent and will be invoiced to the renter after posting the article. The shown price is on a per month base. The fees are to be paid on a yearly base and will be shown before ordering an package or posting an article. The validity period of a contract will be twelve months. The canceled articles will be deleted after the contract expiration.
3.2 RentMyStock claims a 4.9% interest of the revenue of an effected rental contract for every rental agreement between a renter and a leaser brokered by RentMyStock.
You will get an accumulated invoice at the end of each month. This interest has to be paid by the renter and cannot be carried forward to the leaser.
This interest has to be paid if the status of the request has been changed to "Article has been returned" or if one week after the determined article return date the status of the request is still unconfirmed and not canceled.
The renter is obliged to tell RentMyStock his real transaction volume on RentMyStock.
3.3 RentMyStock may
change its fees and its services at any moment and it will respect the terms of
the service hired by the User until it expires.
3.4 When RentMyStock introduces
a new service, its fees are effective at the launching of the service. Unless
otherwise stated, all fees are quoted in Canadian
Dollars. The User is responsible for paying all fees associated
with using RentMyStock’s services and its website and all applicable taxes.
Depending on each country, certain taxes and government charges may be payable
in relation to the transaction. RentMyStock does not accept any responsibility
for such taxes and other government charges on transactions on the Site.
3.5 For its own
comfort, the User accepts that when the period of the RentMyStock hired service
finalizes, it will be automatically renewed by a period of twelve months and
under the updated CONDITIONS
OF USE and updated fees available at http://www.rentmystock/rent/?a=how_to_rent
To suspend the automatic renewal, the User has to cancel the contract at latest three months before the automatic renewal by fax or
mail to the address given at the top of this agreement.
All claimed fees have to be paid on the account noted in the invoice at latest 10 days after You received the invoice.
4.1 RentMyStock’s role in the transactions. The RentMyStock
website acts as a meeting point to allow anyone to offer, sell, buy or rent
just about anything, at anytime, from anywhere. RentMyStock is not involved in
the actual transaction between buyers, sellers or renters. RentMyStock has no
control over the quality, safety or legality of the items or services
advertised or the truth or accuracy of the listings, nor the ability of sellers
and buyers to make transactions. RentMyStock can not ensure that a transaction
between Users will be completed.
4.2 User’s Identity verification.
Because User authentication on the Internet is difficult, RentMyStock cannot
and does not confirm each User's intended identity. RentMyStock encourage You
to communicate directly with the potential trading partners through the tools
available on the Site. You may also wish to consider using a third party escrow
service that will be available at the moment You make Your payment.
4.3 Release. Since RentMyStock
is not involved in the actual transaction between Users, in the event that You
have a dispute with one or more Users, You agree in releasing RentMyStock and
its subsidiaries, joint ventures and all officers, directors, agents and
employees from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
4.4 Information Control.
RentMyStock does not control the information provided by other Users which is
made available through the Site. You may find other User's information to be
offensive, harmful, inaccurate, or deceptive. Please use caution and common
sense when using RentMyStock’s Site. Please note that there are also risks for
dealing with underage persons or people acting under false identities. By using
this Site, You agree to accept such risks and RentMyStock is not responsible
for the acts or omissions of its Users.
5.1 Contents of the advertisement or
listing. Because of the International nature of RentMyStock, it
is the User’s responsibility to take care of the contents of the listing or
advertisement so it can not be considered of bad taste or result offensive to
other races, religions or cultures. RentMyStock has the right of not publishing
in any of its pages any listing or advertisement related to the FORBIDDEN
ARTICLES & SERVICES list that You will find at the end of this
document. In the case that RentMyStock decides not to publish a listing or
advertisement, the User accepts to be fully reimbursed in a term not greater
than 10 days for which he will be notified to the e-mail provided and refunded
through the same way in which he paid. The User accepts that is his
responsibility to verify his e-mail.
5.2 Listing Description. You
must be legally able to sell the item(s) You list for rent or sale on RentMyStock’s
Website. Your add must be listed in the appropriate category. Your listings may
only include text descriptions, graphics, pictures and other content relevant
to the sale of that item or service only if they observe the clause 5.1.
5.3 Fraud. Without
limiting any other remedies, RentMyStock may suspend or terminate Your account
if You are found (by conviction, settlement, insurance or escrow investigation,
or otherwise) to have engaged in fraudulent activity that might harm RentMyStock
or its Users in any way.
5.4 Data Manipulation. Neither
renters, sellers nor Users may manipulate, alter or modify the information
given by other User.
Information and Personal Data
6.1 Definition of “Your Information”.
Your Information is defined as any information You provide to RentMyStock or
other Users in the registration, renting, selling or listing process, in any
public message area or through any e-mail feature. You are solely responsible
for Your Information, and RentMyStock acts as a passive conduit for the online
distribution and publication of Your Information.
6.2 Definition of "Personal
Data". Personal Data is defined as the Information that is
not published in RentMyStock’s webpages but that is necessary for billing and
registration purposes such as Your financial information, Your address, credit
card number, etc. The user is solely responsible for the accuracy of his
6.3 Restrictions. Your
Information, Your Personal Data and any items or service listed for sell or
rent will (I) not be false, inaccurate or misleading; (II) will not be
fraudulent or involve the sale of counterfeit or stolen items; (III) will not
infringe any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy and (IV) will not violate
any law, statute, ordinance or regulation. Your information (V) will not be
defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(VI) will not be obscene or contain child pornography and (VII) will not
contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs
or other computer programming routines that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal
The conscious or unconscious faults that You commit with your Information will
not generate any responsibility or liability to RentMyStock and will not make RentMyStock
loose any of the services of its suppliers.
6.4 License. Solely to
enable us to use the information You supply us with, so that RentMyStock is not
violating any rights You might have in that information, You agree to grant us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicenseable (through multiple tiers) right to exercise the copyright and
publicity rights (but no other rights) You have in Your Information, in any
media now known or not currently known, with respect to Your Information. You
also waive all moral rights You have in such information. RentMyStock will only
Access and Interference
The RentMyStock Site contains robot exclusion headers. You agree that You will
not use any robot, spider, scraper or other automated means to access the Site
for any purpose without our express written permission. The User agrees (I) not
to bypass our robot exclusion headers or other measures RentMyStock may use to
prevent or restrict access to the Site or to interfere or attempt to interfere
with the proper working of the Site (II) The user agrees not to take any action
that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure. (III) Much of the
information on the Site is updated on a real time basis and is proprietary or
is licensed to RentMyStock by our Users or third parties. You agree not to
copy, reproduce, modify, create derivative works from, distribute or publicly
display any content (except for Your Information) from the RentMyStock Website
without the prior expressed written permission of RentMyStock and the
appropriate third party.
The user agrees that without limiting other remedies, RentMyStock may suspend
or terminate your membership and refuse to provide its services to You: (a) if
You breach this CONDITIONS
OF USE or the documents it incorporates by reference; (b) if RentMyStock is
unable to verify or authenticate any information You provide to us; or (c) if RentMyStock
believes that your actions may cause financial loss or legal liability for You,
our Users or RentMyStock . Our failure to act with respect to a breach by You
or others does not waive our right to act with respect to subsequent or similar
To be able to use the services offered by RentMyStock , the Users should
facilitate their Information and Personal Data (described in the clause Nr.6). RentMyStock
will process it according to the clauses contained in the section named PRIVACY that
You will find further in this document.
The user accepts that RentMyStock , its employees and suppliers provide its
website and services "as is" and without any warranty.
In no event shall RentMyStock and/or its employees or suppliers be liable for
any loss or damage (including negligence) that could arise from this CONDITIONS
OF USE or the services provides by RentMyStock or its suppliers. The
responsibility of RentMyStock and its suppliers with the User and third
parties, in any circumstance, is limited to the amount of fees you pay to RentMyStock
in the 12 months prior to the action giving rise to liability.
You agree to indemnify and hold RentMyStock and its parent, subsidiaries,
affiliates, officers, directors, agents and employees, harmless from any claim
or demand, including attorneys' fees, made by any third party due to, or
arising out of Your breach of this CONDITIONS
OF USE or the documents it incorporates by reference, or Your violation of
any law or the rights of a third party.
The User will comply with all domestic and foreign, national or international
applicable laws, statutes, ordinances and regulations related with the use of RentMyStock´s
services and its rentals, sales, listings or purchase of items or services.
relation with RentMyStock
The User and RentMyStock are completely independent. No agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement.
RentMyStock and the User agree that the name, the e-mail, the address and the
telephone number that the User provides in his posting and the data provided by
RentMyStock in the second paragraph of these Conditions of Use, will be the
ones that both parts will use to establish contact and give notifications to
each other if necessary. Notice shall be deemed given 24 hours after e-mail is
sent, unless the sending party is notified that the e-mail address is invalid.
Alternatively, RentMyStock may give You notice by certified mail, postage
prepaid and return receipt requested, to the address provided to RentMyStock during
the registration process. In such case, notice shall be deemed given 3 days
after the date of mailing.
This Agreement shall be governed in all respects by the laws of the Province of
Quebec and the federal laws of Canada applicable therein. If any provision of
OF USE is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. You agree that this
Agreement and all incorporated CONDITIONS and conditions may be automatically
assigned by RentMyStock , in our sole discretion, to a third party in case of
fusion or acquisition. Clauses 3 (Fees and Services) 4.3 (Release), 6.4
(License), 7 (Access and Interference), 10 (No Warranty), 11 (Liability Limit),
12 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or
expiration of this Agreement.
For the benefit of both parts, RentMyStock strongly encourage You to first
contact us directly via our support form
to seek a resolution to resolve a dispute through alternative resolution
procedures, such as mediation, as an alternative to litigation.
Because of the International nature of RentMyStock and its Website, it is the
express wish of the parties that this document and any related documents be
drawn up and executed in English. RentMyStock encourage You to inform all
User-to-User disputes to your local authorities, law enforcement, postmaster
general or a certified mediation or arbitration entity.
describes the CONDITIONS, conditions, policies, statutes and rules under which
the publication of the information is regulated in all the electronic pages of RentMyStock.
The fact of
using the RentMyStock Website implies that the User has read this document and
that expressly consents RentMyStock to the use and disclosure of his or her
Personal Information in accordance of the following Privacy clauses with are
part of this CONDITIONS
OF USE and to which the User surrenders.
Special Note About Children
Persons under the age of 18 can not use the RentMyStock Website. RentMyStock strongly
suggests children not to submit any personal information to us.
of your Information
All Your information is stored in a database at secured web servers. The User
authorizes RentMyStock to keep in a file specific for You all the texts,
documents, Your Information and Personal Data that is sent to RentMyStock via
e-mail or postal mail and all the comments you write and those that other Users
write about you in our forums and message areas.
RentMyStock does not guarantee continuous, uninterrupted or secure access to
our services and operation of our Site may be interfered with by numerous
factors outside of our control.
"Cookies" are small files placed on your hard drive that assist us in
providing our services. RentMyStock also uses “cookies” to allow You to enter
Your password less frequently during a session. Cookies can also help us
provide information that is targeted to Your interests. Most cookies are
"session cookies," meaning that they are automatically deleted at the
end of a session. You may encounter “cookies" or other similar devices on
certain pages of our Site that are placed by third parties. For example, if You
view a RentMyStock page created by a user, there may be a "cookie"
placed within that RentMyStock page. RentMyStock does not control the use of
“cookies” by third parties.
of Your Information
The User agrees that RentMyStock uses the information about your movements in
the Webpage to make internal studies about the interests and behavior of the
Users of RentMyStock Webpage so we can improve our services.
At times RentMyStock looks at Your Information and Personal Data to identify
Users using multiple User ID's or aliases, to detect problems, resolve
disputes, and to give fulfillment to the clauses of this Conditions of Use.
In the cases when RentMyStock asks You to provide us with your financial Information,
we use it, including your credit card Information and expiration date to verify
the User’s, name, address and related Information to bill You and ensure the
reliability of the members of the RentMyStock community and to avoid fraud and
other criminal activity.
The user accepts that his or her information is used by RentMyStock to send You
by e-mail or other means the administrative communications, newsletters and
advertising from RentMyStock and third parties that we consider could be from
You expressly agree to receive this communications but if You do not want to
receive them, deactivate them in your personal user account at http:/www.rentmystock.com/.
In this case, You accept that it is your responsibility to review RentMyStock ’s
webpages to be updated with all changes. RentMyStock will never give Your
Information to third parties so they can send you their advertisement and RentMyStock
will not reveal data such as your password, credit card number or bank account
to the advertisers.
of Your Information and Personal Data
RentMyStock uses firewalls and encryption and other safeguards to protect Your
personal information against loss, theft or unauthorized access by Users inside
and outside the company. However, keep in mind that "perfect
security" does not exist on the Internet, there is always a remote chance
that Your Information and Personal Data are seen and registered by third
parties or other Users.
The User accepts that RentMyStock is not responsible of the use given to the
information obtained illegally from our website and the consequences that could
arise from this event.
On other side, RentMyStock will be forced to communicate Your Information and
Personal Data to the authorities every time it is legally requested.
In RentMyStock ’s Webpage you will be identified with a username, an alias and
an e-mail address. Even that our Webpages are coded and protected, other Users
can read your e-mail from RentMyStock ’s Site since it appears in your requests
and postings, therefore, sometimes, other Users and third parties could send
you non solicited mail
There are various external service providers that help You to use RentMyStock ’s
Website (e.g., affiliate or shared Websites, listing agents, escrow,
authentication, mediation, shipping, packaging). For your own convenience, if
You decide to use them, RentMyStock will disclose part of Your Information and
Personal Data to the external service providers and that information will then
responsibility to read those policies before deciding to use those services.
26.1 In every case,
before revealing any of your Personal Information to external service providers,
the User will have the opportunity to know what data will be sent and accept
the transmission. To prevent our disclosure of Your personal information to an
external service provider, You can decline such consent or simply not to use
The Internal Service Providers (e.g. search technology, discussion boards,
surveillance services, etc.) pick information directly from You and they follow
RentMyStock ’s our CONDITIONS
OF USE If You provide additional information to an internal service
provider directly, then their use of Your Information is governed by their
The User consents that RentMyStock transfers and shares much of his or her
data, including Your information and Personal Data, with our subsidiaries and
joint ventures that are committed to serving your online trading needs and
related services throughout the world. RentMyStock shares Your Information with
the business entities of RentMyStock corporation in Europe because the server
in which Your Information and Personal Data are stored is located in Canada at
the address stated in the clause Nr.19 (Nineteen).
Subsidiaries and joint ventures of RentMyStock Corporation follow privacy
practices no less protective than the ones described in this document, to the
extent allowed by applicable laws.
of Other User’s Information
Under no circumstances, the User can disclose personal information about
another User to any third party without our consent and the consent of that
user excepting for: (a) RentMyStock -related communications that are not
unsolicited commercial messages, (b) using co-branded services offered through RentMyStock
(e.g. escrow, insurance, shipping and fraud complaints), and (c) any other
purpose that such User expressly agrees to after You tell them the purpose You
want to use it for.
30.- Use of e-mail Tools
The User can not use the “Send this page to a Friend” service or other e-mail
services that RentMyStock offers, to send Spam or any content that violates our
If the user sends an e-mail using the “Send this page to a Friend” service to
an e-mail address that is not registered in RentMyStock ’s community, RentMyStock
will not use that e-mail address for any purpose other than to send Your
e-mail. RentMyStock does not rent or sell these e-mail addresses.
of Your Password
You are responsible for all actions taken with your User ID and password,
including fees charged to your account. RentMyStock does not recommend that you
disclose your password to any third parties. RentMyStock offers You the ability
to automatically review and change the personal information by logging into the
Site and entering the new information yourself at the page called UPDATE that
you can find at http://www.rentmystock.com/
and Update of Your Information
The user can update his or her information at http://www.rentmystock.com at any time.
The User accepts the obligation to update his or her information every time it
changes or if it is inaccurate. Any public postings made in a chat room or
message area can not be changed or removed.
32.1 In certain cases RentMyStock
will retain in its files some personal information even if You have requested
it to be removed with the purpose of preventing fraud, resolve disputes,
troubleshoot problems, assist with any investigations and to enforce our CONDITIONS
OF USE and comply with legal requirements as is permitted by law.
Therefore, You should not expect that all of Your personal information will be
completely removed from our databases in response to Your requests. However,
such personal information will be deactivated from public and member viewing
and will only be available to select RentMyStock personnel.
Except as otherwise expressly included in this CONDITIONS OF USE, this document
only addresses the use and disclosure of information that RentMyStock collects
from You. To the extent that You disclose Your information to other parties,
whether they are renters, buyers or sellers on our Site or other sites
throughout the Internet, different rules may apply to their use or disclosure
of the personal information You disclose to them. Since RentMyStock does not
control the privacy policies of third parties, You are subject to the privacy
customs and policies of that third party. RentMyStock encourages You to ask
questions before You disclose Your personal information to others.
RentMyStock updates and amends these CONDITIONS
OF USE time to time based on the User’s comments or to adjust it to the use
and communications of your Personal Information. All amended CONDITIONS shall
automatically be effective 30 days after they are initially posted on the “News
Page” that you can find at http:/www.rentmystock.com/.
To subscribed users, RentMyStock will send a Newsletter containing news about RentMyStock
’s community and any changes, if any, to these CONDITIONS
PRODUCTS & SERVICES
list defines those articles and services prohibited from being published in RentMyStock
’s Site and WebPages. The User agrees that if his add contains any text,
graphic or photograph that makes reference to this list, it will be removed
according to the clause 5 (Five) of these CONDITIONS
© 2007-2009 Rentmystock.com. All Rights Reserved.
Designated trademarks and brands are
the property of their respective owners.