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THIS TERMS OF WEBSITE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF") AND REALIVISTA.COM ("OUR," "US," "WE" OR "REALIVISTA"), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED APPLICATION TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, "THE APPLICATION"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE APPLICATION. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE APPLICATION, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE ANY REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE APPLICATION IN ANY MANNER.
WITHOUT ANY EXEPTIONS, YOU MUST BE AT LEAST 16 YEARS OF AGE TO USE THIS WEBSITE.
HOLD HARMLESS Agreement
You understand and agree that REALIVISTA allows users to post comments and content into THE APPLICATION with limited restrictions. Because we do not actively filter or police every comment, you understand and agree that comments posted in THE APPLICATION are not endorsed or approved on any basis by REALIVISTA. Therefore, you unconditionally agree to hold the owners, developers, contractors, employees, and associates of REALIVISTA harmless as a result of any comment posted by the general population and any actions you take as a result of such comments.
Access To THE APPLICATION
Subject to certain limitations as described herein, you are granted the right to access our text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") under certain terms and conditions as set forth in this Agreement. In order to use THE APPLICATION, you must obtain access to the Internet and pay any fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access the Content. Certain areas and functions of THE APPLICATION may require registration, while other areas and functions do not.
REALIVISTA takes your privacy seriously and does not automatically collect any personal data on any user or visitor. Any information you provide to us, or a licensed distributor, may be stored for our mutual records should you attempt to communicate with us through email links and online forms.
HERETO, YOU UNDERSTAND THAT ANY COMMENTS YOU POST ARE IN THE PUBLIC DOMAIN AND MAY BE SEEN BY ANYONE WITH AN INTERNET CONNECTION. YOU AGREE TO INDEMNIFY REALIVISTA FROM ANY LEGAL ACTION AS A RESULT OF ANY COMMENT (AND INFORMATION THEREIN), IMAGE, OR VIDEO THAT YOU POST.
REALIVISTA will make reasonable efforts to keep THE APPLICATION operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of REALIVISTA may, from time to time, result in temporary Website interruptions. REALIVISTA also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of THE APPLICATION with or without notice. You agree that REALIVISTA shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to THE APPLICATION.
Ability To Accept Terms of THE APPLICATION
You affirm that you are either at least, or older 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 APPLICATION is not intended for children under 13. If you are under 13 years of age, then please do not use THE APPLICATION. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
(a) By using THE APPLICATION, you acknowledge and agree that you have no right to provide any files obtained through THE APPLICATION to any other party or through any other means. You agree that you will not duplicate or otherwise reproduce the Content, or any portion thereof, onto any physical medium, memory or device now known or hereinafter devised. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any Content protection methods.
(b) You may not use or allow others to use THE APPLICATION, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with THE APPLICATION, that: (1) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (2) violates any law or regulation or the rights of others; (3) causes duress, distress or discomfort to another or is likely to deter or discourage others from using THE APPLICATION; and/or (4) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your use of THE APPLICATION. You also may not use, nor allow others to use THE APPLICATION, directly or indirectly, to: (i) attempt to or actually disrupt, impair or interfere with, alter or modify THE APPLICATION or any information, data or materials posted and/or displayed by us or anyone else; (ii) act in a way that affects or reflects negatively on us, THE APPLICATION, or anyone else; (iii) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of THE APPLICATION.
(c) You are prohibited from violating or attempting to violate the security of THE APPLICATION, including, without limitation: (1) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of THE APPLICATION or to breach security or authentication measures, regardless of your motives or intent; (3) attempting to interfere with or disrupt THE APPLICATION or Website to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (4) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(d) You agree not to use THE APPLICATION for any commercial uses unless you obtain REALIVISTA's prior written approval. Such commercial uses include without limitation (1) the sale of access to THE APPLICATION; and (2) the sale of advertising, sponsorships, or promotions placed on or within THE APPLICATION or Content.
(a) The Content available through THE APPLICATION is the property of REALIVISTA or its Content Providers and THIRD-PARTY APPLICATION PROVIDERS, and is protected by copyright and other intellectual property laws. Content received through THE APPLICATION may be accessed for your personal, non-commercial use only.
(b) You acknowledge that REALIVISTA retains exclusive ownership of THE APPLICATION and all intellectual property rights associated therewith. THE APPLICATION contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to THE APPLICATION or the Content, and REALIVISTA reserves all rights not expressly granted hereunder.
You may not:
- Frame or mirror any part of THE APPLICATION without our express prior written consent.
- Create a database by systematically downloading and storing all or any Content.
- Copy, reproduce, transfer or access (except as expressly authorized by this Agreement), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, THE APPLICATION or any related software.
- Use any robot, spider, rover, scraper, offline readers, site search/retrieval applications or any other data mining technology or automatic or manual process, system or software to monitor, cache, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or internet browser usage) or circumvent the navigational structure or presentation of THE APPLICATION, without the express prior written consent of REALIVISTA.
- Bypass any measures REALIVISTA may use to prevent or restrict access to THE APPLICATION.
(c) The REALIVISTA logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by REALIVISTA and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
(d) You shall promptly notify REALIVISTA in writing upon your discovery of any unauthorized use or infringement of THE APPLICATION or the Content or REALIVISTA's patent, copyright, trade secret, trademarks or other intellectual property rights. Except as expressly provided for herein, any copy or use of any portion of THE APPLICATION shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, REALIVISTA may in its sole discretion pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.
The information presented in THE APPLICATION is for informational and entertainment purposes only. Any comments or information posted by the general population of users is their opinion and not necessarily those of REALIVISTA or other general users. With your use of THE APPLICATION, you agree to indemnify REALIVISTA against any and all legal action (including arbitration and lawsuits) should you injured yourself, injure another person or persons, or destroy property while engaging in any Activity mentioned in THE APPLICATION.
Third-Party Content Providers
In some cases, REALIVISTA derives its rights to use the Content offered on THE APPLICATION from third party content owners ("Content Providers") for fixed periods of time. As well, REALIVISTA is sometimes required to pull certain Content off THE APPLICATION for legal reasons. Therefore, certain Content offered or advertised by REALIVISTA may not be available when you try to access it, and not all Content is available in all countries or territories.
Third Party Content Policy
Please note that with regard to any content made available on or through THE APPLICATION which contains or displays a third party logo (i.e. YouTube, etc.) or which is provided via a third party's product or service and is hosted on a third party's servers; REALIVISTA does not have the ability to permanently remove all or any such content from the third party's servers. Therefore, if you have a complaint concerning any video content made available on THE APPLICATION that is provided by a third party, you should contact the third party directly in accordance with copyright policies of the third party. If you believe that your work is available on THE APPLICATION via a third party player in a way that constitutes copyright infringement, please: (1) contact the third party directly in accordance with its copyright policies; and (2) contact REALIVISTA by using this email form HERE
Information & Content Submitted by Other Users
Although we may, from time to time, use administrators to monitor the information or content posted by users of THE APPLICATION, we cannot and do not monitor or review all information or content that is submitted to or through the THE APPLICATION. Information and content submitted or otherwise provided by users of the THE APPLICATION are the sole responsibility of the user that provided the information or content and you acknowledge that REALIVISTA is not responsible for the accuracy, timeliness, integrity, quality, safety, appropriateness or any other aspect of such information or content, for any links, products or services offered, advertised or provided by any user of the THE APPLICATION, or for any actions of any other user of the THE APPLICATION. If you choose to use or rely on such information or content, you do so solely at your own risk and without any representation or warranty whatsoever from REALIVISTA, its affiliates or its service providers.
We do not verify, endorse, or vouch for any information or content submitted by users of THE APPLICATION, or verify the identity, credentials, affiliations or expertise of users of THE APPLICATION or advertisers and subscribers within THE APPLICATION. We encourage you to consider carefully the source of all information and content accessed on or through the THE APPLICATION and the factors that may influence or motivate that source, and to be cautious about any and all statements and opinions expressed by users of THE APPLICATION.
In using the THE APPLICATION, you accept the risk that you may be exposed to information or content that you find offensive, indecent, dangerous, harmful or otherwise objectionable, and acknowledge that information and content submitted by other users of THE APPLICATION are not from and may not reflect the views of REALIVISTA.
We recommend that you take reasonable precautions with regard to any information or content from other users of the THE APPLICATION that you choose to download (for example, scanning for viruses), and links that you choose to click through. If you choose to receive, copy or download information or content, or click through links, submitted by another user, you do so at your own risk.
Links to Other Websites
Choice Of Law and Consent To Jurisdiction
THE APPLICATION shall be deemed a passive website that does not give rise to personal jurisdiction over REALIVISTA, either specific or general, in jurisdictions other than Georgia (USA). This Agreement shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and REALIVISTA that arises in whole or in part from THE APPLICATION shall be decided exclusively by a court of competent jurisdiction located in Gwinnett County, Georgia. YOU AND REALIVISTA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPLICATIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Questions and Comments - Should you have any questions or comments about THE APPLICATION, its content, or anything else, please contact REALIVISTA via email at HERE.