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Your Acceptance
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of RealLifeOnDemad.com . BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the RealTalkOnDemand.com domain name, the "RealLifeOnDemand Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF REALLIFEONDEMAND'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.RealLifeOnDemand.com/t/privacy.
Please read this Agreement carefully and save it. If you do not agree to any of these terms, then please do not use the RealLifeOnDemand Website.
RealLifeOnDemand Website
These Terms of Service apply to all users of the RealLifeOnDemand Website. The term "User" refers to a Visitor or a Contributor of video content, audio content, information, and other materials or services on the Website. The RealLifeOnDemand Website may contain links to third party websites that are not owned or controlled by RealLifeOnDemand. RealLifeOnDemand has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, RealLifeOnDemand will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve RealLifeOnDemand from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the RealLifeOnDemand Website and to read the terms and conditions and privacy policy of each other website that you visit.
RealLifeOnDemand.com may modify this Agreement from time to time and such modification shall be effective upon posting by RealLifeOnDemand.com on the RealLifeOnDemand Website. You agree to be bound to any changes to this Agreement when you use RealLifeOnDemand after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on RealLifeOnDemand.com. Your postings may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by a contributor may be inaccurate, inappropriate, offensive or sexually explicit material, products or services, and RealLifeOnDemand.com assumes no responsibility or liability for this material. If you become aware of misuse of the RealLifeOnDemand by any person, please contact RealLifeOnDemand or click on the "Report Inappropriate Content" link at the bottom of any RealLifeOnDemand.com page.
RealLifeOnDemand.com reserves the right, in its sole discretion, to reject, refuse to post or remove any postingby you, or to restrict, suspend, or terminate your access to all or any part of RealLifeOnDemand at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility
Use of RealLifeOnDemand.com and services is void where prohibited. By using the RealLifeOnDemand Services, you represent and warrant that you are 14 years of age or older; and (d) your use of the RealLifeOnDemand Services does not violate any applicable law or regulation. Your content may be deleted without warning, if we believe that you are under 14 years of age.
Term.
This Agreement shall remain in full force and effect while you use RealLifeOnDemand.
Fees.
You acknowledge that RealLifeOnDemand.com reserves the right to charge for identified services and to change its fees from time to time in its discretion. If you breach any part of this Agreement, you shall not be entitled to the refund of any unused portion of subscription or service related fee.
Non-commercial Use
The RealLifeOnDemand Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by RealLifeOnDemand.com. Illegal and/or unauthorized use of the RealLifeOnDemand Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the RealLifeOnDemand Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user postings without notice and may result legal action. Appropriate legal action will be taken for any illegal or unauthorized use of the RealLifeOnDemand. You will not copy or distribute any part of the Website in any medium without RealLifeOnDemand's prior written authorization;
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the RealLifeOnDemand servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, RealLifeOnDemand grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. RealLifeOnDemand reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
Intellectual Property Rights
RealLifeOnDemand.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the RealLifeOnDemand Services. The content on the RealLifeOnDemand Website, except all User Submissions, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to RealLifeOnDemand; unless otherwise stated or marked and are subject to copyright and other intellectual property rights under
After posting your Content to RealLifeOnDemand, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the RealLifeOnDemand, you hereby grant to RealLifeOnDemand.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on the RealLifeOnDemand and through affiliated realtalkondemand.com websites; whether ownership and operation is in the past, present or future.
However, by submitting the User Submissions to RealLifeOnDemand, you hereby grant RealLifeOnDemand, and affiliated realtalkondemand.com websites; whether ownership and operation is in the past, present or future a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the RealLifeOnDemand Website and RealLifeOnDemand's (and its successor's) business, including without limitation for promoting and redistributing part or all of the RealLifeOnDemand Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the RealLifeOnDemand Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the RealLifeOnDemand Website.
User submissions
The RealLifeOnDemand Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, RealLifeOnDemand does not guarantee any confidentiality with respect to any submissions.
RealLifeOnDemand.com may delete any Content that in the sole judgment of RealLifeOnDemand.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. RealLifeOnDemand.com assumes no responsibility for monitoring the RealLifeOnDemand Services for inappropriate Content or conduct. If at any time RealLifeOnDemand.com chooses, in its sole discretion, to monitor the RealLifeOnDemand Services, RealLifeOnDemand.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on RealLifeOnDemand and your interactions with other Users. RealLifeOnDemand.com does not endorse and has limited to no control over the Content. Content is not necessarily reviewed by RealLifeOnDemand.com prior to posting and does not necessarily reflect the opinions or policies of RealLifeOnDemand.com. RealLifeOnDemand.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you post on the website.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant RealLifeOnDemand all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage RealLifeOnDemand or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
Privacy.
Use of the RealLifeOnDemand Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers
RealLifeOnDemand.com is not responsible for any incorrect or inaccurate Content posted on the RealLifeOnDemand Website . YOU AGREE THAT YOUR USE OF THE REALLIFEONDEMAND WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, REALLIFEONDEMAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. REALLIFEONDEMAND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE REALLIFEONDEMAND WEBSITE. REALLIFEONDEMAND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE REALLIFEONDEMAND WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND REALLIFEONDEMAND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL REALLIFEONDEMAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE REALLIFEONDEMAND WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT REALLIFEONDEMAND SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by RealLifeOnDemand from its facilities in the
Indemnity
You agree to defend, indemnify and hold harmless RealLifeOnDemand, its parent 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 RealLifeOnDemand 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 defense and indemnification obligation will survive these Terms of Service and your use of the RealLifeOnDemand Website.
Disputes.
If there is any dispute about or involving the RealLifeOnDemand Services, you agree that the dispute shall be governed by the laws of the State of New Jersey, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Jersey. Either RealLifeOnDemand.com or you may demand that any dispute between RealLifeOnDemand.com and you about or involving the RealLifeOnDemand Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New Jersey, USA, provided that the foregoing shall not prevent RealLifeOnDemand.com from seeking injunctive relief in a court of competent jurisdiction.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the RealLifeOnDemand Website is not intended for children under 13. If you are under 13 years of age, then please do not use the RealLifeOnDemand Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RealLifeOnDemand without restriction.
Other.
This Agreement is accepted upon your use of the RealLifeOnDemand Website or any of the RealLifeOnDemand Services. This Agreement constitutes the entire agreement between you and RealLifeOnDemand.com regarding the use of the RealLifeOnDemand and Services. The failure of RealLifeOnDemand.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. RealLifeOnDemand.com is a trademark of Profile World, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact RealLifeOnDemand with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
