Terms of Use
The following terms and conditions govern all use of the Reallyo website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Reallyo's Privacy Policy) and procedures that may be published from time to time on this Site by Reallyo (collectively, the 'Agreement').
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Reallyo, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Reallyo Account and Site.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Reallyo may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Reallyo liability. You must immediately notify Reallyo of any unauthorized uses of your account, your account or any other breaches of security. Reallyo will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Listing policy
You must have the right or permission to market any listings you add to your account. All listings submitted by you (the user) must comply with this listing policy. Any listings found to be in breach of this listing policy will be removed and your account may be suspended without notice.
Responsibility of Contributors
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If you operate a account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, 'Content'), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account's URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Reallyo or otherwise.
By submitting Content to Reallyo for inclusion on your Website, you grant Reallyo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Reallyo will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Reallyo has the right (though not the obligation) to, in Reallyo's sole discretion (i) refuse or remove any content that, in Reallyo's reasonable opinion, violates any Reallyo policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Reallyo's sole discretion. Reallyo will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
General Terms.
Optional paid services are available on the Website (any such services, an 'Upgrade'). By selecting an Upgrade you agree to pay Reallyo the monthly or fees indicated for that service (additional payment terms specifically for paid services are described below). Payments will be charged on a post-pay basis 30 days from the day you sign up for an Upgrade and will cover the use of that service for a monthly period as indicated. Upgrade fees are refundable.
Reallyo will automatically issue an invoice for each month upon receipt of payment. You agree to provide Reallyo with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Reallyo reserves the right to terminate your access to paid services in addition to any other legal remedies.
If you believe your bill is incorrect, you must contact us in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
Automatic Renewal.
Unless you notify Reallyo before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site's dashboard.
Paid Services.
Fees; Payment.
By signing up for a paid services account you agree to pay Reallyo the monthly fees indicated at www.reallyo.com in exchange for the services listed at www.reallyo.com. Applicable fees will be invoiced starting from the day your paid services are established and in arrears of using such services. Reallyo reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Paid services can be canceled by you at any time on written notice to Reallyo.
Non-Payment and Suspension
. Reallyo reserves the right to suspend or terminate paid services if your account falls into arrears.
Support.
Paid services include access to priority email support. 'Email support' means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Reallyo to respond within one business day) concerning the use of the paid services. 'Priority' means that support for paid services customers takes priority over support for users of the standard, free Reallyo services. All paid services support will be provided in accordance with Reallyo standard paid services practices, procedures and policies.
Service Disruption
. Reallyo will endeavor to ensure that the services are available and function properly at all times. The User acknowledges, however, that for technical reasons as well as due to the Service Provider's dependence on external factors, e.g. telecommunications networks, the uninterrupted availability of Reallyo accounts and associated pages cannot be guaranteed. Reallyo users can therefore not assert a claim for continual access to Reallyo accounts and associated pages. Access restrictions of only a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination. In addition to the possible access restrictions due to circumstances beyond Reallyo's control, Reallyo also reserves the right to impose temporal and/or complete access restrictions, particularly where Reallyo Is temporarily disabled for the purpose of installing technical improvements or eliminating errors and defects, etc.
Responsibility of Website Visitors.
Reallyo has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Reallyo does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Reallyo disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Reallyo links, and that link to Reallyo. Reallyo does not have any control over those non-Reallyo websites and webpages, and is not responsible for their contents or their use. By linking to a non-Reallyo website or webpage, Reallyo does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Reallyo disclaims any responsibility for any harm resulting from your use of non-Reallyo websites and webpages.
Copyright Infringement and DMCA Policy.
As Reallyo asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Reallyo violates your copyright, you are encouraged to notify Reallyo in accordance with Reallyo's Digital Millennium Copyright Act ('DMCA') Policy. Reallyo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Reallyo will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Reallyo or others. In the case of such termination, Reallyo will have no obligation to provide a refund of any amounts previously paid to Reallyo.
Intellectual Property.
This Agreement does not transfer from Reallyo to you any Reallyo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Reallyo. Reallyo, Reallyo, Reallyo, the Reallyo logo, and all other trademarks, service marks, graphics and logos used in connection with Reallyo, or the Website are trademarks or registered trademarks of Reallyo or Reallyo's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Reallyo or third-party trademarks.
Advertisements.
Reallyo reserves the right to display advertisements on your account unless you have purchased a paid services account.
Domain Names.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ('ICANN'), including their Registration Rights and Responsibilities.
Changes.
Reallyo reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Reallyo may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination.
Reallyo may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Reallyo account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by Reallyo if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Reallyo's notice to you thereof; provided that, Reallyo can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided 'as is'. Reallyo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Reallyo nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will Reallyo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Reallyo under this agreement during the twelve (12) month period prior to the cause of action. Reallyo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Reallyo Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless Reallyo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous.
This Agreement constitutes the entire agreement between Reallyo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Reallyo, or by the posting by Reallyo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of England, Northern Ireland, Scotland and Wales. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Reallyo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.