Terms of service
2.1 Membership Eligibility
To register to use our Services, you agree that: (1) you must be at least 16 years old; (2) you will only have one RealConnex account, which must be in your real name; and (3) you are not already restricted by RealConnex from using the Services.
2.2 Your Account
As a member, you agree to: (1) choose a strong and secure password; (2) keep your password secure and confidential; and (3) follow the law and our list of Dos and Don’ts (found in Section 8 below). You are responsible for anything that happens through your account unless you close it or after you report misuse.
If you buy any of our paid Services, you agree to pay us the applicable fees and taxes and agree to any additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services.
2.4 Notices and Service Messages
You agree that we may provide notices to you in the following ways: (1) a notice delivered to within the Services, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Our Services allow messaging and sharing of your information in many ways, such as information your provide for your profile, discussion groups, investment and property postings, and networking tools. Information and content that you share or post may be seen by other Members. Where we have made settings available, we will aim to honor the choices you make about who can see content or information. We are not obligated to publish any information or content on our Services and can remove any information or content at our sole discretion, with or without notice. Please be aware that some material provided by other Members may be objectionable, unlawful, inaccurate or inappropriate. We do not endorse any content posted by our Members and none of it reflects our opinions and/or policies. We reserve the right, but have no obligation, to monitor Member materials and to restrict or remove Member profiles or Member materials that we determine, at our sole discretion, are inappropriate or objectionable. In no event do we assume any responsibility or liability whatsoever for any Member materials, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such Member materials and, to the extent permitted by applicable law, agree to indemnify and hold harmless us, and our owners, operators, affiliates, licensors, and licensees, to the fullest extent allowed by law regarding all matters related to your use of the Services. You can report any objectionable, unlawful, inaccurate or inappropriate Member materials to [email protected]
3. RIGHTS AND LIMITS
3.1 License to your Materials
As between you and us, you own the content and information that you submit or post to the Services and you are only granting us and our affiliates the following nonexclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
A. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Services and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
C. We will get your consent if we want to give third parties the right to publish your posts beyond the Services. However, other Members and/or visitors may access and share your content and information, consistent with your choices.
D. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not materially modify the meaning of your expression.
3.2 Service Availability
4. DISCLAIMER AND LIMIT OF LIABILITY
4.1 No Warranty
To the extent allowed under law, we and our affiliates (and those that we work with to provide the Services) (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and noninfringement); (b) do not guarantee that the services will function without interruption or errors, and (c) provide the Services (including content and information) on an “as is” and “as available” basis. Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.
4.2 Exclusion of Liability
To the extent permitted under law (and unless we have entered into a separate written agreement that overrides this contract), we and our affiliates (and those that we work with to provide the Services) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content). In no event shall our liability and that of our affiliates (and those that we work with to provide the Services) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly or yearly fee that you paid for a premium service, if any, or (b) US $1000. This limitation of liability is part of the basis of the bargain between you and us and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if we or our affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you
Either you or we may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: ● Our rights to use and disclose your feedback; ● Members and/or visitors’ rights to further re-share content and information you shared through the Services to the extent copied or re-shared prior to termination; ● Sections 3.1, 4, 6 and 7 of this Contract; ● Any amounts owed by either party prior to termination remain owed after termination. You can visit our Help Center to close your account.
6. DISPUTE RESOLUTION
This Contract and any claim or dispute arising out of, relating to or in connection with the Services, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be brought only in United States District Court for the Southern District of New York, or if such court does not have jurisdiction, in the courts of the State of New York located in New York County and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid courts in personam, with respect to any such action, suit or proceeding. EACH PARTY WAIVES TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THIS CONTRACT.
7. GENERAL TERMS If a court finds any part of it not enforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. This Contract (including additional terms that may be provided by us when you engage with any feature of the Services) is the only agreement between you and us regarding the Services and supersedes all prior agreements relating to the Services. If we don’t act to enforce a breach of this Contract, that does not mean that we have waived our right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that we may assign this Contract without your consent `to our affiliates or a party that acquires us or the Services. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8 “DOs” and “DON’Ts”
You agree that you will: A. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; B. Provide accurate information to us and keep it updated; C. Use your real name on your profile; D. Use the Services in a professional manner.
8.2 “Don’ts” You agree that you will not: A. Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory; B. Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes; C. Use an image that is not your likeness or a head-shot photo for your profile; D. Create a false identity on the Services. The occasional creation of clearly fictional profiles by us or with our express permission in connection with a promotional campaign does not waive this obligation; E. Misrepresent your identity (e.g. by using a pseudonym), your current or previous positions, qualifications or affiliations with a person or entity; F. Create a Member profile for anyone other than yourself (a real person); G. Use or attempt to use another’s account; H. Harass, abuse or harm another person; I. Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by us; J. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services; K. Bypass or circumvent any access controls or use limits (such as caps on keyword searches); L. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent; M. Solicit email addresses or other personal information from Members you don’t know, without authorization. N. Use, disclose or distribute any data obtained in violation of this policy; O. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer)); P. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license; Q. Violate our intellectual property or other rights, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “RealConnex” or our logos in any business name, email, or URL; R. Use RealConnex invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; S. Post anything that contains software viruses, worms, or any other harmful code; T. Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services. U. Create profiles or provide content that promotes escort services or prostitution. V. Create or operate a pyramid scheme, fraud or other similar practice; W. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source; X. Imply or state that you are affiliated with or endorsed by us without our express consent; Y. Rent, lease, loan, trade, sell/re-sell access to the Services or related data; Z. Sell, sponsor, or otherwise monetize any Services without our consent; AA. Deep-link to our Services for any purpose other than to promote your profile or a discussion group on our Services, without our consent; BB. Remove any copyright, trademark or other proprietary rights notices contained in or on our Services; CC. Remove, cover or obscure any advertisement included on the Services; DD. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages; EE. Monitor the Services’ availability, performance or functionality for any competitive purpose; FF. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; GG. Overlaying or otherwise modifying the Services or their appearance; HH. Access the Services except through the interfaces expressly provided by us; II. Use our Services for tasks that it is not intended for; JJ.Override any security feature of the Services; KK. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or LL. Violate any additional terms concerning any specific Services that are provided when you sign up for or start using such Services.
9. COPYRIGHTS AND COPYRIGHT AGENT
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find content on the Services that infringes upon your copyrights, you may submit a notification to us under the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent in writing the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512.
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated Copyright Agent for notice of claims of copyright infringement is: Michael H. Sproule, Esq. Akabas & Sproule 488 Madison Avenue, 11th Floor New York, NY 10022 (212) 308-8505 [email protected] 10. HOW TO CONTACT US If you want to send us notices or service of process, please contact us: ONLINE OR BY MAIL