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.

1. ACCEPTANCE OF TERMS OF USE AGREEMENT

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:

• Upload photos and short videos
• View photos and videos of interest
• Tag the location of their photos and videos at any place that pulls up in our location database (this increases one's chances of being found in a search by other users)
• Browse the Home Stream or shared public Explore Stream
• Securely shop a variety of brands throughout the app via affiliate links or brand website links
• Get access to coupons and deals from sponsored brands and businesses
• You also understand and agree that the Service may include certain communications from RealPlacez, including but not limited to service announcements, notifications, and RealPlacez newsletters and that these communications are considered part of RealPlacez membership and you will not be able to opt out of receiving them, except by terminating your membership with RealPlacez or unsubscribing from our email list.

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.

4. REALPLACEZ PRIVACY POLICY

Our Privacy Policy located on www.realplacez.com is incorporated into the TOS by reference.

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:

• You may not use the app in any way that causes, or may cause, damage to the app or impairment of the availability or accessibility of the app; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• You must not use our app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• You must not upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• You must not upload, post, email, transmit or otherwise make available any User Content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
• You must not upload, post, email, transmit or otherwise make available any User Content that infringes on any third party's legal rights including but not limited to any patents, trademarks, trade secrets, copyrights or other proprietary rights;
• You must not impersonate any person or entity;
• You must not upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
• You must not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, interfere, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including servers or networks connected to Website/App) or the functionality of the Website/App;
• You must not use any means to bypass any other measures RealPlacez may use to prevent or restrict access to the Website/App;
• You must not use the Website/App or Service to solicit users directly for commercial purposes without prior written authorization from RealPlacez.
• You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website/App, use of the Service, or access to the Service;
• You agree not to intentionally or unintentionally violate any applicable local, state, national or international law; and
• You agree not to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• You agree not to "stalk" or otherwise harass another user;
• You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to Website/App or store personal data about other users.

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.

9. INDEMNITY

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.

12. LINKS

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

• Other users: You alone are responsible for your interactions with other users. As such you are responsible for resolving any disputes that may arise. If you have a dispute with one or more users, you irrevocably and forever release RealPlacez, its officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. RealPlacez, nevertheless, reserves the right, but has no obligation, to monitor disputes between you and other users or Members and to restrict, suspend, or close your account if RealPlacez determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
• With RealPlacez:
  • Law and Forum for Disputes This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of Mississippi regardless of your country of origin or where you access RealPlacez. You and RealPlacez agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Jackson, Mississippi, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and RealPlacez agree to submit to the personal jurisdiction of the courts located within Jackson, Mississippi for the purpose of litigating all such claims. Notwithstanding the above, you agree that RealPlacez shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
  • Arbitration Option. Either party shall have the option to choose Arbitration for any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non- appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

14. NOTICES

General Notices: All notices / communications shall be given to RealPlacez by email to info@realplacez.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.

16. MISCELLANEOUS

• Entire Agreement: The TOS constitutes the entire agreement between you and RealPlacez and governs your use of the Website/App and Service, supersede all previous agreements in respect of your use of Website/App.
• Waiver: The failure of RealPlacez to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
• Severability: If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
• Assignment: You may not assign or transfer the TOS or your rights hereunder, in whole or in part, by operation of law or otherwise, without RealPlacez's prior written consent. RealPlacez may assign these Terms of Service at any time without notice.
• Unsolicited Material:We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
• Updating These Terms We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account