Welcome to RealPlacez ("Website" or "Mobile Application").
RealPlacez appreciates you visiting us and hope that you enjoy the RealPlacez experience and the services provided here. As a part of partaking in the RealPlacez experience, you will be subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
On this page you'll learn that you own and control what you share and we want your experience to be great. We do ask that you treat our service and community with respect. If you ever stumble across anything that looks like it violates this simple rule, please let us know.
The RealPlacez services are operated and managed by RealPlacez, LLC (hereinafter referred to as “RealPlacez”), a United States of America company.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY CLICKING "I AGREE", ACCESSING, BROWSING, USING AND/OR OTHERWISE AVAILING YOURSELF OF REALPLACEZ SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS ANS CONDITIONS, INCLUDING THE GUIDELINES (AS DEFINED BELOW), AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TOS"). IF YOU DO NOT AGREE TO THE TAC, THEN PLEASE REFRAIN FROM THE USE OF THIS SITE OR ANY SERVICES IT PROVIDES.
2. DESCRIPTION OF SERVICE ("Services")
RealPlacez is a photo/video sharing social networking platform. Once our users have created an account, they can:
3. ELIGIBILITY AND REGISTRATION OBLIGATIONS
You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the TOS set forth in this Agreement. As a part of the registration with RealPlacez, you also agree to provide complete and accurate information that is required in the registration process. In the event that you do not provide complete or accurate information at any time, RealPlacez has the right to withhold its Services from you and suspend or terminate your account.
5. USER PERMITTED CONDUCT
The use of Website/App and Services is with the permission of RealPlacez, which may be revoked or terminated at any time, for any reason, in RealPlacez's sole discretion. As a member you shall be allowed to upload and share including, without limitation, text, images, audio material, video material and audio-visual material that you submit to our app ("User Content"). Such User Content will comply with TOS set forth herein. Notwithstanding our rights under these TOS in relation to User Content, RealPlacez does not undertake to monitor the submission of User Content, or the publication of User Content on our app. RealPlacez does not warrant the completeness or accuracy of the User Content published on this app. RealPlacez shall not be liable in any way for the inaccuracy or integrity of User Content. However, if anything is deemed as inappropriate, users may notify RealPlacez via Report button located on each photo/video and user’s profile page. The following activities are prohibited by RealPlacez:
6. USER CONTENT
RealPlacez understands and acknowledges that you have ownership of User Content. You agree that you bear all risks and liability associated with such User Content. Notwithstanding the foregoing, RealPlacez reserves the right to review, edit or remove any material submitted to our app, or stored on our servers, or hosted or published upon Website/App. Further, since you are the owner of User Content, RealPlacez needs your consent and permission to display User Content and any material you provide to the Website/App and Service. Accordingly, you grant to RealPlacez a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute User Content in any existing or future medium. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights if necessary.
7. REALPLACEZ PROPRIETARY RIGHTS
The Website/App and Service contains in it materials, including software, that are protected by intellectual property rights, including copyright. Unless otherwise stated, RealPlacez, our licensors or advertisers own and retain all the intellectual property rights within Website/App and any material and content on Website/App. Except for that information which is User Content, in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
8. MODIFICATIONS TO SERVICE
RealPlacez reserves the right at any time to modify or discontinue, temporarily or permanently, the Website/App or any Services (or any part thereof) with or without notice. You agree RealPlacez shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website/App or Services.
You hereby indemnify RealPlacez, its subsidiaries, affiliates, officers, agents, employees, partners, licensees and licensors and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by RealPlacez arising out of any breach by you of any provision of these TOS, or arising out of any claim that you have breached any provision of TOS. RealPlacez, nevertheless, reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
10. DISCLAIMER OF WARRANTIES
You understand and agree that: THIS WEBSITE/APP IS PROVIDED ON AN "AS-IS" AND ON "AS AVAILABLE" BASIS. REALPLACEZ DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF WEBSITE/APP NOR IS REALPLACEZ RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE/APP, WHETHER CAUSED BY USERS OF THE WEBSITE/APP OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE/APP. REALPLACEZ ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. REALPLACEZ IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING MATERIALS FROM THE WEBSITE/APP. UNDER NO CIRCUMSTANCES WILL REALPLACEZ OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE/APP, ANY MEMBER CONTENT POSTED ON WEBSITE/APP, OR ANY INTERACTIONS BETWEEN USERS OR MEMBER OF WEBSITE/APP, WHETHER ONLINE OR OFFLINE. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBSITE/APP OR FROM ANY USE OF SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY AND SHALL IN NO WAY CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALPLACEZ EXCLUDES ALL REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) AND CONDITIONS RELATING TO WEBSITE/APP AND THE USE OF WEBSITE/APP (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IMPLIED BY LAW IN RESPECT OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND/OR THE USE OF REASONABLE CARE AND SKILL).
11. LIMITATION OF LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL REALPLACEZ, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF WEBSITE/APP OR SERVICE, EVEN IF REALPLACEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REALPLACEZ'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO REALPLACEZ.
RealPlacez may include links to other World Wide Web sites or applications or resources for the convenience of users. Because RealPlacez has no control over such sites and resources, you acknowledge and agree that RealPlacez is not responsible for such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that RealPlacez shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
13. DISPUTE RESOLUTION
General Notices: All notices / communications shall be given to RealPlacez by
email to email@example.com. Such notice will be deemed received the day of
sending if the email is received in full on a business day and on the next business
day if the email is sent on a weekend or public holiday.
Service Notices: For purposes of service messages and notices about Service, You agree that RealPlacez may communicate with you through your RealPlacez account or through other means including email, mobile number, telephone, or delivery services including the postal service based on the contact information you provided while registering with RealPlacez. You acknowledge and agree that RealPlacez shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
15. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.