RealeFlix® / RealeFlix.com® Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on February 1, 2010.
This Terms of Use Agreement sets forth the standards of use of the RealeFlix®
Online Service for Registered Members and User/Visitor.
BY USING THE REALEFLIX® / WWW.REALEFLIX.COM (THE "WEBSITE"), YOU (THE "USER/VISITOR") INCLUDING (THE "MEMBERS") WHO ARE ALL CONTRIBUTORS OF VIDEO CONTENT AND ALL OTHER CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE WEBSITE, AGREE TO THESE TERMS AND CONDITIONS (TERMS OF USE AGREEMENT) AND THE TERMS AND CONDITIONS OF REALEFLIX PRIVACY STATEMENT AND POLICY (AT WWW.REALEFLIX.COM) AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS WEBSITE. WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY, ALTER, OR UPDATE THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT PRIOR NOTICE. Modifications shall become effective immediately upon being posted at RealeFlix / www.RealeFlix.com website. Your continued use of the Website and/or Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
RealeFlix is providing Members and User/Visitors with access to various multimedia files relating to real estate. Members and User/Visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s and User/Visitor’s access to the Internet, and (3) pay any fees relate with such connection.
The content of RealeFlix / RealeFlix.com, except all Member and User/Visitor submissions (as defined below), include without limitation, text, software, scripts, graphics, photos, sound, music, videos, interactive features and the like "Content" and the trademarks, service marks and logos contained therein are owned by or licensed to RealeFlix®, subject to copyright and other intellectual property rights and under United States and foreign laws and international conventions. Members and Users/Visitors agree not to circumvent, disable or otherwise interfere with security related features of the RealeFlix Website or features that prevent or restrict use or copying on any Content or enforce limitation on the use of the RealeFlix Website or the Content therein.
The Website is provided by RealeFlix on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, RealeFlix makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. RealeFlix shall have no liability for any interruptions in the use of this Website. RealeFlix does not guarantee any confidentiality with respect to any Member/User/Visitor’s submissions. Members and User/Visitors are solely responsible for your own submissions, and the consequences of posting or publishing them. By submitting Members/User/Visitor Content to RealeFlix®, you hereby grant RealeFlix a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the Member/User/Visitor Content in connection with the RealeFlix Website and RealeFlix business without limitations. Members and User/Visitors are responsible for retaining all of your ownership rights in your Member/User/Visitor submissions. RealeFlix disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. In jurisdictions that do not allow the exclusion of implied warranties; the above-referenced exclusion is inapplicable.
REALEFLIX®, ITS OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR REALEFLIX SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, VIRUSES, TROJAN HORSES AND THE LIKE, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM THE ACCESS TO THE WEBSITE, ERRORS MISTAKES OR INACCURACIES OF CONTENT, COPYRIGHT INFRINGEMENT OF MEMBERS CONTENT, ANY UNAUTHORIZED ACCESS TO, AND/OR USE OF THE WEBSITE OR SERVERS AND ANY AND ALL PERSONAL INFORMATION AND/OR FINANICAL INFORMATION STORED WITHIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF REALEFLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REALEFLIX SHALL BE DEEMED A PASSIVE WEBSITE.
MEMBERS AND USER/VISITOR AGREE THAT YOUR USE OF THE REALEFLIX WEBSITE SHALL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW.
Member and User/Visitor affirm you are at least 18 years of age and are competent to enter into and abide by, these Terms of Service and Privacy Statement and Policy. Members and User/Visitor agree to indemnify and hold RealeFlix its owners, parents, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s and/or User/Visitor’s use of the Website, the violation of this Agreement, or infringement by Member or User/Visitor, or other User/Visitor of the Website using Member’s computer, of any intellectual property or any other right of any person or entity. This defense will survive and indemnification obligation will survive these Terms of Service and Privacy Statement and Policy and your use of the RealeFlix website.
These Terms of Service and Privacy Statement and Policy and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RealeFlix without permission.
All Members of the Service agree to provide accurate and complete information before receiving an account . Members agree to provide accurate and timely information relating to all Content. In addition, Members agree to provide accurate and timely updates, additions and deletions within their accounts to insure correctness and making facts known as they relate to any and all Content submitted to the Website. It is the Members’ responsibility to remove all sold, closed, withdrawn, void, inaccurate, out-of-date, changed or the like information from the Website upon learning of this status. RealeFlix reserves the right to renew or remove any Content at any time at RealeFlix®’s discretion. RealeFlix reserves the right to modify or discontinue the Service, close or suspend any Member’s account or part thereof, with or without cause. Accounts inactive for ninety days or more are subject to closure.
Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Members must keep their password secure. Member agrees to notify RealeFlix of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. RealeFlix will not be liable for your losses caused by any unauthorized use of your account, you as a Member, may be liable for losses of RealeFlix or others due to such unauthorized use. Member agrees not to resell or make any commercial use of the Service or membership without the express written consent of RealeFlix®.
RealeFlix paid services are not activated or reactivated without prior payment. All originating fees and renewal fees are due at the time of initiation of service. Any requested service not in alignment with the RealeFlix Terms of Service can result in an account or listing not being activated. By purchasing the services of RealeFlix, you agree to allow the placement of your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the service you selected. You grant RealeFlix permission to charge your PayPal account for any and all services you requested, in addition to, any renewals aligned with the purchased services If RealeFlix cannot process a payment through PayPal for the Member’s account services by the due date, that service will be suspended. If payment for the respective service is not received within five days, your listing or service will be cancelled and removed from the Website for lack of payment and you will not be able to access it through your account. All fees and renewal fees are due on or before the due date for the renewing service or account. If a service or account is closed for lack of payment, RealeFlix has no obligation to provide you with a copy of any, including without limitation, text, software, scripts, graphics, photos, sound, music, videos, listing description, interactive features and the like "Content".
If a service or account is cancelled for non-payment, it will require the Member to resubmit the account and/or listing information again in order to obtain the services from RealeFlix.
It is a violation of this Terms of Service for you to misuse or fraudulently use credit and debit cards or the PayPal service. A determination of such misuse or fraudulent use shall be at the sole discretion of RealeFlix. Further RealeFlix retains the right to report any suspected misuses and fraudulent uses of accounts, listings, credit, debit or PayPal service to appropriate government authorities, credit reporting services, financial institutions and credit card companies.
RealeFlix offers a free 30-day trial for the purpose of sampling some of the RealeFlix services before purchasing a paid plan. Members might receive notification of the service’s expiration and given an opportunity to participate in the paid monthly plans. Fees paid for monthly plans are not prorated and not refundable. To discontinue payment(s) it is the Member’s responsibility to delete the listing or service within the Member’s Account. If for some reason payments continue into subsequent billing cycles beyond the monthly cycle the service was discontinued, refunds will be granted. Refunds are processed only through the PayPal account used by the Member to initiate the service. You have (90) ninety days to dispute any charge. If you have any questions or concerns about any charge, send an email to support@realeflix.com.
Member/User/Visitors may access, download and print materials from this website for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website. Furthermore, you may not use, sell access to, or aggregate any Content found on this website for any other website or service with the purpose of acquiring advertising or subscription revenues or to compete with RealeFlix®. Any Content used on a personal, personal business or a non-commercial site must include a prominent link back to RealeFlix.com on the page(s) containing the Content and that link must not be modified, built upon or block any portion of the Content.
User/Visitors understand that when using the Website, you will be exposed to Members’ Content submissions, and that RealeFlix is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Members’ Content. User/Visitors further understand and acknowledge that you may be exposed to Members’ Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RealeFlix with respect thereto, and agree to indemnify and hold RealeFlix®, its owners, parents, subsidiaries, affiliates, officers, directors, employees and agents harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
RealeFlix reserves the right to modify or discontinue the Service with or without notice to the Members. RealeFlix shall not be liable to Members or any third party should RealeFlix exercise its right to modify or discontinue the Service. Members acknowledge and accept that RealeFlix does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Our website may include links to other sites on the Internet that are owned and operated by RealeFlix Members/Users/Visitors, online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members/Users/Visitors to review said privacy policies of third-parties’ sites.
Product specifications and other information have either been provided by the Vendors, Members/Users/Visitors, or collected from publicly available sources. While RealeFlix makes every effort to ensure that the information on this website is accurate; we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
RealeFlix makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Our website is operated and provided in the State of Washington. As such, we are subject to the laws of the State of Washington and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Washington.
Member/User/Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member/User/Visitors may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member/User/Visitors further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 RealeFlix.com, with all rights reserved, or is the property of RealeFlix® and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of RealeFlix is strictly prohibited. Members/User/Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of RealeFlix®.
RealeFlix and RealeFlix.com are proprietary marks of RealeFlix®. RealeFlix’s trademarks may not be used in connection with any product or service that is not provided by RealeFlix in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RealeFlix®. All other trademarks displayed on RealeFlix’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with RealeFlix.
As a Member/User/Visitor you further agree that you will not: (1) 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 right(s) or have permission from their rightful owner to post the material and to grant RealeFlix all of the license rights granted herein; (2) publish falsehoods or misrepresentation that could damage RealeFlix or any third party; (3) 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; (4) impersonate another person. As a Member/User/Visitor you further agree that RealeFlix retains the right to remove any content at any time for any reason from its website at its discretion.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, RealeFlix / RealeFlix.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Email: support[at]realeflix[dot]com.
Members and Users/Visitors 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 RealeFlix servers in a given period of time than a human can reasonable produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, RealeFlix 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 materials, but not caches or archives of such materials. RealeFlix retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, RealeFlix reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. Members and Users/Visitors agree not to harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for commercial solicitation purposes.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by RealeFlix at our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member/User/Visitor/Vendor. Members, User/Visitors, and Vendors agree that any cause of action arising out of or related to the RealeFlix website must commence within one year after the cause of action accrues, otherwise, such cause of action is permanently barred. Member, User/Visitor, Vendor agrees that by accepting this Terms of Use Agreement, Member, User/Visitor, Vendor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.