Terms and COnditions ("Terms", "Terms and Conditions")
Last updated: June 1, 2020
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Realm – Social Marketplace (the " Application ")operated by Realm Technologies Inc. dba Realm ("us", "we",or "our").
Please read these Terms and Conditions carefully before downloading or using Realm - Social Marketplace ("Application").
Your access to and use of the Application is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Application.
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the"I Agree" button and do not download or use the Application.
Realm Technologies Inc. grants you a revocable, non-exclusive,non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
a) license, sell, rent, lease,assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
b) You may not use our Products to do or share anything:
-That is unlawful, misleading, discriminatory or fraudulent.
-That infringes or violates someone else's rights.
-There is no tolerance for objectionable content or abusive users.
Modifications to Application
Realm Technologies Inc. reserves the right to modify, suspend or discontinue,temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect until terminated by you or Realm Technologies Inc.
Realm Technologies Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Agreement will terminate immediately, without prior notice from Realm Technologies Inc., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Realm Technologies Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms,in whole or in part, please stop using the Application.
Our Application allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content").You are responsible for the Content that you post to the Application, including its legality, reliability, and appropriateness.
Realm does not allow any Not Safe for Work (otherwise known as “NSFW”) content (defined as: “nudity, sexual, violent, or graphic content”) and reserves the right to remove this content and/or terminate your account at our sole discretion.
By posting Content to the Application, you grant us the right and license to use, modify,publicly perform, publicly display, reproduce, and distribute such Content on and through the Application. You retain any and all of your rights to any Content you submit, post or display on or through the Application and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Application,who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and(ii) the posting of your Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Application, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Application.
The Platform is not intended for and should not be used by anyone under the age of 13.Licensee will not knowingly collect or enable the collection of any personal information from children under the age of 13.
You agree to indemnify, defend and hold harmless Realm Technologies Inc., its principals,officers, directors, representatives, employees, contractors, licencors, licensees, suppliers and agents, from and against any claims, losses, damages,obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Application; (b) your breach of any of these Terms; (c) anything you post on or upload to the Application; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Application using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
Realm Technologies Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Application; (ii) your inability to access or use the Application; (iii) any conduct or content of any third-party on or related to the Application; (iv) any content obtained from or through the Application; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have 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.
Disclaimer and Non-Waiver of Rights
Realm makes no guarantees, representations or warranties of any kind as regards the website, application and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Application is at your sole risk. The Application is provided on an"AS IS" and "AS AVAILABLE" basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Realm its subsidiaries, affiliates, and its licencors do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements.
If you breach any of these Terms and Realm chooses not to immediately act, or chooses not to act at all, Realm will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Realm does not waive any of its rights. Realm shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Application.
You are responsible for safeguarding the password that you use to access the Application and for any activities or actions under your password, whether your password is with our Application or a third-party Application.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
The Application and all contents, including but not limited to text, images, graphics or code are the property of Realm and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Application only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Realm or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Application.
Links to Other Web Sites
The Application may contain links to third-party web sites or services that are not owned or controlled by Realm.
Realm has no control over, and assumes no responsibility for, the content, privacy policies,or practices of any third party web sites or services. You further acknowledge and agree that Realm 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 use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
If you have any questions about this Agreement, please contact us at email@example.com.