Effective: February 1st, 2011
Last updated: February 1st, 2011
These Terms of Service ("Terms") govern your access to and use of the services and websites offered by Realpha (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms, whether or not you are a registered user of our Service.
Use of the Service
You may use Realpha only if you can form a binding contract with Realpha, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on Realpha.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. Realpha will not be liable for any loss or damage arising from your failure to comply with these requirements.
“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. YOU RETAIN OWNERSHIP OF ALL CONTENT YOU SUBMIT, POST, DISPLAY OR OTHERWISE MAKE AVAILABLE ON THE SERVICE.
Realpha takes no responsibility and assumes no liability for any Content that you or any other user or third party submits over the Service. You understand and agree that any loss or damage that occurs as a result of the use of any Content that you make available or access through your use of the Service is solely your responsibility. Realpha is not responsible for any public display or misuse of your Content. You may be exposed to Content that is inaccurate or objectionable.
Realpha may not monitor or control the Content posted on the Site. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability.
You agree not to hold Realpha, its owners, or any of its members responsible for any Content on the site. You acknowledge that any information found on Realpha may be erroneous or misleading, and is to be used at your own risk. Realpha does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications submitted via the Service or endorse any opinions expressed using the Service.
By posting or submitting any Content to the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Realpha a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You agree that this license includes the right for other users of the Service to modify your Content, and for Realpha to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Realpha or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
You may redistribute, reproduce and/or display any posted content on this site, provided you a) do not modify the content, b) attribute Realpha with a human and machine-followable link linking back to the page displaying the original source of the content on Realpha.com; c) attribute the original author (unless they are anonymous) as they are listed on Realpha; d) upon request, either by Realpha or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted on the Service.
You must not do any of the following while accessing the Site:
Post any copyrighted or illegal material.
Post dishonest, libelous, pornographic or purposefully harmful information.
Use the Site for any unlawful purposes or to promote illegal activities.
Post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity.
Create or submit unwanted email, posts or comments that could reasonably be considered spam.
Publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.
Publish or post other people's personally identifiable information without their express permission.
Modify, adapt or hack the Site or tamper with non-public areas of the Site or Realpha's computer systems.
Transmit any worms or viruses or any code of a destructive nature.
Violate any laws in your jurisdiction (including, but not limited to, proprietary rights and copyright laws.)
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content posted on Realpha infringes your copyright, you (or your agent) may send Realpha a notice requesting that the Content be removed or access to it blocked. The notice must include the following information 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 copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Realpha to locate the material on the Site; d) the name, address, telephone number and email address (if available) of the complaining party; 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; and 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Realpha a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to:
920 Santa Monica Blvd
Santa Monica, California 90401
Realpha suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Realpha will also terminate a user's account if the user is determined to be a repeat infringer.
Except for your Content, all right, title, and interest in and to the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music are and will remain the exclusive property of Realpha and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Content or materials on the Service for any purpose not expressly permitted by these Terms is strictly prohibited.
Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
No WarrantyYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, REALPHA AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Realpha will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Realpha will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Realpha has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REALPHA, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM A) YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE SERVICE; B) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; AND E) ANY OTHER INTERACTIONS WITH REALPHA OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT REALPHA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Service is controlled and operated from its facilities in the United States. Realpha makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Governing Law. You agree that: a) the Service shall be deemed solely based in California; and b) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Realpha, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Realpha that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California, unless submitted to arbitration as set forth in the following paragraph.
Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the 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, as selected 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 may be entered in any court of competent jurisdiction.
Notification Procedures. Realpha may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Realpha in our sole discretion. Realpha reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms.
Entire Terms/Severability. These Terms, together with any amendments and other legal terms referenced herein, shall constitute the entire agreement between you and Realpha concerning the Service. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Tems which shall remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Realpha's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Survival. You continue to be bound by these Terms after termination of your account.
Please contact us with any questions regarding these Terms:
920 Santa Monica Blvd
Santa Monica, California 90401