TERMS AND CONDITIONS
1. Introduction
The following is a legal agreement (in the following referred to as “Contract”), between you, your heirs, agents, successors and assigns (“You”, “you”) and the owners and operators of the site at realitemz.com ("Realitemz", ”we”).
You agree that by using the realitemz.com website and related software and other services that we provide ("Services") you are entering into a legally binding contract with Realitemz. When you use our Services you agree to all of the terms of the Contract.
You must be at least 18 years old to use the Services or have the permission of your parents or custodian and by using the Services you warrant to Realitemz that this is the case.
If you do not agree to this Contract you must not access or otherwise use any of our Services.
Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both.
When you register and join the Realitemz Service, you become a Member. If you have chosen not to register for our Services, you may access certain parts of the Service or features as a Visitor.
Certain parts of the Services may be free of charge whereas other parts may be at a price. The applicable prices or fees that Realitemz has the right to charge you will be displayed in connection with the Service. Realitemz reserves the right to change the applicable fees or prices from time to time including the right to change a formerly free service to become a service which Realitemz has the right to charge you for.
We may, at times, make changes to the Contract - with or without notice. If you don not accept the new terms, you must not access or use the Services.
Termination.
You can terminate the Contract at any time by stopping to use the Services. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason. Upon termination of your use of the Service and this agreement, the following provisions will survive termination: Section 2 (Your Content), section 3 (Our Content and Material), section 6 (Intellectual Property Rights), section 7 (Disclaimer and Limitations of Liability), section 8 (Dispute Resolution).
Sharing
When you share information using the Services, others can see, copy and use that information.
The Services allow sharing of information in many ways and includes data such as your item data, photos, comments and log book entries.
Information and content that you share or post may be seen by other Members or Visitors.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
2. Your Content.
Definition of Your Content.
The Services may enable you to post material, such as photos, videos, product or item data, log book entries, messages and comments. All material that you display on the Services will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Services, Your Content may be viewed by the general public and will not be treated as private or confidential.
License and Permission to Use Your Content.
You hereby grant to Realitemz and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize Realitemz and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
Ownership.
We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement.
Your Responsibilities for Your Content.
By posting Your Content on the Services, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that your content does not violate any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.
Limits.
We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason. We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content.
Feedback.
We welcome your feedback and suggestions about how to improve Realitemz. Feel free to submit feedback. By submitting feedback in some way to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
3. Our Content and Material
Definition of Our Content and Materials.
All intellectual property in or related to the Services (specifically including, but not limited to our software, is the property of Realitemz its subsidiaries and affiliates or its third party licensors (“Our Content and Materials”).
Our License to You.
Subject to these terms of use, including the restrictions below, we grant you a limited, non-exclusive license to use and access Our Content and Materials in connection with your use of the Services. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
No Endorsement or Verification.
Please note that Realitemz may enable access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability of third-party content, products and services in our Services does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted in our Services by anyone.
Restrictions.
Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. The permission of Realitemz to you for your use of the Services expressly excludes commercial use by you of Our Content and Materials or third-party content. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Services. You may view and print a reasonable number of copies of web pages located on the Services for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Realitemz.
4. Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services. We do not promise to store or keep showing any information and content that you have posted.
You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
5. Other Content, Sites and Apps
Your use of content of others and information posted on our Services, is at your own risk.
Others may post material through the Services and we are not responsible for such third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Realitemz generally does not review content provided by our Members or others. You agree that we are not responsible for content of others (including other Members) or their information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others.
You are responsible for deciding if you want to access or use third party apps or sites that may link from our Services.
6. Intellectual Property Rights
Realitemz reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services.
7. Disclaimer and Limit of Liability
No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, REALITEMZ AND ITS AFFILIATES (AND THOSE THAT REALITEMZ WORKS 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 SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS REALITEMZ HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), REALITEMZ AND ITS AFFILIATES (AND THOSE THAT REALITEMZ WORKS 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).
8. Dispute Resolution
In the unlikely event we end up in a legal dispute, we agree to resolve it in Finnish courts using the law of Finland regardless of if you live in the European Union, United States or anywhere else.
9. Realitemz Rules of Conduct
When using the Services you agree that you will:
• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
• Provide accurate information to us and keep it updated;
You agree that you will not:
• Act in an unlawful manner in connection with our Services, including being dishonest, abusive or discriminatory;
• Post inaccurate, false, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
• Create a Member registration for anyone other than yourself;
• Use or attempt to use another account than your own;
• Harass, abuse or harm another person;
• Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by Realitemz;
• 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 item data and other data from the Services;
• Bypass or circumvent any access controls or Service use limits (such as caps on keyword searches);
• Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Realitemz;
• Solicit email addresses or other personal information from Members you do not know, without authorization.
• Use, disclose or distribute any data obtained in violation of this policy;
• 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;
• Post anything that contains software viruses, worms, or any other harmful code;
• Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services.
• Create profiles or provide content that promotes escort services or prostitution.
• Create or operate a pyramid scheme, fraud or other similar practice;
• 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;
• Rent, lease, loan, trade, sell/re-sell access to the Services or related data;
• Sell, sponsor, or otherwise monetize any Service without consent of Realitemz;
• Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
• Remove, cover or obscure any advertisement included on the Services;
• Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
• Monitor the availability of the Services, performance or functionality for any competitive purpose;
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
• Overlaying or otherwise modifying the Services or their appearance;
• Access the Services except through the interfaces expressly provided by Realitemz ;
• Use a Service for tasks that it is not intended for;
• Override any security feature of the Services;
• Interfere with the operation of, or place an unreasonable load on the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
10. How To Contact Us
If you have any questions or concerns about the Services, or these Terms of Use, please feel free to contact us via email at legal@realitemz.com.
