Terms & Conditions - Reality Digital Community

Reality Digital Community provides online services related to sharing and managing video content as part of an online community, and also provides online tools and related services (collectively, the “Services”) to assist our customers (“you” or “user”) to share, organize, manage and/or edit such video content online through our website accessible at community.realitydigital.com.com (the “Site”). Please read the following important terms and conditions (“Terms of Use”) carefully. These Terms of Use and our Privacy Policy (http:// community.realitydigital.com.com), incorporated herein by reference, govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and Reality Digital Community.

 

1. Modification of the Site or Terms of Use

2. Content

For convenience, we will refer to the various types of content listed below. * “Content” means, collectively, all User Content and Video Clips.

 

* Reality Digital Community Content means all content, excluding User Content and Video Clips, relating to or available from or through the Site (and any derivative works or enhancements thereof), including but not limited to all software, technology, information, content, materials, guidelines and documentation.

 

* Site Content means, collectively, all Reality Digital Community Content, User Content and Video Clips.

 

* User Content means any content, excluding Video Clips that is not created by Reality Digital Community but that you or another user upload, provide or post to the Site and is made available to you or others users from or through the Site, including without limitation (i) text, graphics, music, photos, animation, artwork, data, information, hypertext links, scripts or other material, and (ii) websites and contents proximately reachable from such content. User Content includes any comments or rating features that you may have the opportunity to post regarding Video Clips (“Third Party Comments”).

 

3. Membership; Account Access

3.1 In order to post Content to the Site and to allow others to view your Content, you must register as a “Reality Digital Community Member” (the “Membership”). Membership is available to persons who are at least 18 years of age or are otherwise capable of forming legally binding contracts under applicable law. During registration, you will create a user name and password (your “Account”), which may permit you access to certain secure areas of the Site only available to Reality Digital Community Members.

 

3.2 You are responsible for safeguarding and maintaining the confidentiality of your Account. You agree not to disclose your password to any third party. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to immediately notify Reality Digital Community of any unauthorized use of your Account or any other breach of security known to you. In the event that your password and/or user name is lost or stolen, please notify Reality Digital Community immediately so that a new password or user name can be created. You have the right to cancel your Account by visiting this page: http://community.realitydigital.com.com/contact.aspx. Your Account information will be maintained and accessed in accordance with the terms of our Privacy Policy.

 

4. Your Obligations in Using or Accessing the Site and Services

You may use certain areas of the Site and Services without becoming a Reality Digital Community Member, such as accessing and viewing Site Content on the Site. In using or accessing the Site, whether as a Reality Digital Community Member or as a non-member, you agree to comply with the following:

 

(a) You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using and accessing the Site and all Content contained therein. You understand that you may be exposed to Content that you personally find objectionable, indecent, or offensive and view all Content on the Site at your own risk.

 

(b) You represent and warrant to Reality Digital Community that (i) you are the sole and exclusive owner of the Content, or that you have all right and authority to grant the rights in the Content to Reality Digital Community as described herein; (ii) you have obtained any and all releases necessary from any and all persons depicted in the Content, including, without limitation, releases in the context of rights of privacy and rights of publicity; and (iii) in the event that a person depicted in a Content is under eighteen (18) years of age, you are the parent or legal guardian of such person, or if you are not the parent or legal guardian, you have obtained all appropriate permissions and releases from the parent or legal guardian of the person in question, to submit the Content to the Site.

 

(c) If you are not a Reality Digital Community Member, you may view Site Content, provided that: (i) you may only view the Site Content for personal, informational, non-commercial purposes; and (ii) you may not modify or alter the Site or Site Content in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, license, perform, reproduce, post, publish, distribute, transmit, submit or otherwise make available any information or Site Content from the Site in whole or in part without the express written authorization of Reality Digital Community or the applicable copyright owner or agent.

 

(d) If you become a Reality Digital Community Member, you may upload, email, post, publish, transmit or otherwise submit User Content to the Site as available – for example, in a discussion group, chat area, bulletin board, feedback area, news group, letter to Reality Digital Community, its webmaster or employees, or email function – if offered as part of the Site and Services.

 

(e) If you become a Reality Digital Community Member, you may upload, post, publish, distribute, transmit, submit, perform, display or otherwise make available Video Clips to the Site directly or via the Reality Digital Community video-upload software application, (the “Downloadable Tools”). Your right to use the Downloadable Tools is subject to the terms of the license as set forth in Section 7.4 of these Terms of Use.

 

(f) You may be interested in inviting your friends to become Reality Digital Community Members. You can do so by visiting our “Invite” webpage where you have the option of adding one or more e-mail addresses into an online form. A message will be sent from Reality Digital Community on your behalf inviting your friend to become a Reality Digital Community Member. Reality Digital Community will only use this email address for the purpose of sending this “Invite a Friend” email and for no other purpose unless the invitee becomes a member of Reality Digital Community. These email addresses will be stored in the Reality Digital Community address book that you create.

 

(g) You will not use the Site and Services for any purpose or in any manner, nor upload, email, post, publish, distribute, transmit, submit, perform, display or otherwise make available through the Site and Services any Content, that: (i) is of an adult, sexual or controversial nature (as further described in Section 5 (“Adult Content”) below); (ii) violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights (as further described in Section 6 (“Copyright Infringement”) below); (iii) is unlawful, in violation of or contrary to the laws or regulations in any state or country where your Content is created, displayed or accessed; (iv) is in breach of these Terms of Use; (v) is fraudulent, false or misleading; (vi) is hateful, tortuous, defamatory, slanderous or libelous; (vii) harasses another individual, promotes bigotry, racism, hatred or harm against any group or individual, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or otherwise interferes with another party’s use or enjoyment of the Site; (viii) is profane, vulgar, or obscene; (ix) is violent or threatening, or promotes violence or actions that are threatening in any way to anyone; (x) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information about activities such as making or buying illegal weapons or illegal substances); (xi) is invasive of another’s privacy or includes personal or identifying information about another person without that person’s explicit consent; (xii) is harmful to minors in any way; or (xiii) constitutes unsolicited bulk email, “junk mail,” “spam” or chain letters.

 

(h) You may not repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.

 

(i) You agree that you are solely responsible for your Content. Reality Digital Community has no responsibility to control or monitor any Content, and, as a result, does not manage, control or guarantee, nor is responsible for, the truth, accuracy, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of such content. Although Reality Digital Community does not accept responsibility for Content, Reality Digital Community does reserve the right to remove at any time, without notice, Content that Reality Digital Community in its sole discretion considers to be in violation of these Terms of Use. Reality Digital Community also reserves the right, in its sole and absolute discretion, to reject or remove: (i) any Content it deems unsuitable for the Site; and (ii) any single-frame Video Clips or Video Clips that are less than one (1) second in duration.

 

(j) You agree to cooperate fully with Reality Digital Community to investigate any suspected or actual activity that is in breach of these Terms of Use.

 

(k) If you become a Reality Digital Community Member, you will provide true, accurate and complete registration information and shall maintain as current and promptly update relevant personal contact information provided to Reality Digital Community. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.

 

(l) You will not attempt to gain unauthorized access to any Account other than your own.

 

(m) You will not attempt to obtain any information or materials relating to the Site and Services through any means not intentionally made available through the Site and Services, or attempt to gain unauthorized access to Reality Digital Community’s database, technology, computer systems or networks associated with the Site and Services. You will not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any technology applications or software programs used by Reality Digital Community in connection with the Site and Services, including without limitation the Downloadable Tools, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Site and Services. You will not upload or cause the Site to have access to anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You may not use any automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site and Services – unless expressly permitted by Reality Digital Community.

 

(n) You will not encourage or instruct any other individual to do any of the foregoing or to violate any of these Terms of Use or Reality Digital Community policies.

 

(o) You acknowledge, agree and accept that: (i) the Site and Services may be provided to you by Reality Digital Community or its affiliates, distribution partners or third-party service providers; (ii) your Content may be included on the websites of Reality Digital Community’s affiliates, distribution partners or third-party service providers, in addition to, or instead of, those websites and those of Reality Digital Community; and (iii) there is no guarantee that your Content will be included on the Site or other website of Reality Digital Community or a Reality Digital Community affiliate, distribution partner or third-party service provider and Reality Digital Community and its affiliates, distribution partners or third-party service providers bear no liability relating to such exclusion.

 

(p) You understand and agree that, as stated above, neither Reality Digital Community nor any Reality Digital Community affiliate or authorized party intends, or will be required, to edit or review for accuracy, ownership or appropriateness any of your Content. However, you agree that all Content, including any search terms and descriptions, may be subject to Reality Digital Community’s approval. Reality Digital Community reserves the right, at any time, to reject, suspend, cancel or remove Content, to assign new search terms to any Content, or to refuse to provide access to your Content. Reality Digital Community, its employees, consultants and other agents shall have no liability for taking such actions or decisions.

 

(q) Reality Digital Community does not refer, endorse, recommend, verify, evaluate or guarantee any information provided by users or Reality Digital Community Members, any specific Reality Digital Community Member or any Content, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any information, Reality Digital Community Member or Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, containing or suggesting an endorsement by Reality Digital Community of you or your Content. Reality Digital Community reserves the right to warn, suspend or terminate at any time and without notice your access to or use of the Site and Services if Reality Digital Community determines, in its sole discretion, that you are transmitting or otherwise connected with such prohibited endorsement.

 

5. Copyright Infringement

YOU SHALL NOT USE THE SITE AND SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

 

Reality Digital Community provides the Site, Services and access to Content as a service to our users. Reality Digital Community does not monitor, supervise or control Content posted or stored on its servers at the direction of its Reality Digital Community Members, users or partners, nor does it control or supervise the content of pages that are accessed via third party links. You are responsible for complying with all applicable federal and state laws, including, without limitation, the copyright laws. Reality Digital Community has adopted and implemented a policy pursuant to which Reality Digital Community may terminate a Reality Digital Community Member’s Account, or deny access to the Site and Services by a user, who infringes or is believed to be infringing, a copyright or other intellectual property right. Furthermore, Reality Digital Community reserves the right to terminate a Reality Digital Community Member’s Account, or deny access to the Site and Services by a user, if Reality Digital Community believes that the user’s conduct is harmful to the interests of Reality Digital Community or its affiliates, distribution partners or third-party service providers or other users, or for any other reason in Reality Digital Community’s sole discretion, with or without cause.

 

6. Feedback.

Your feedback is welcome and encouraged. You may submit feedback by emailing us at feedback@realitydigital.com. You agree, however, that (i) by submitting unsolicited ideas to Reality Digital Community or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Reality Digital Community or any of its employees or representatives automatically become the property of Reality Digital Community. You hereby assign and agree to assign all rights, title and interest you have in as such feedback and ideas to Reality Digital Community together with all intellectual property rights therein.

If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to Reality Digital Community, its employees or assigns. Instead, please send an email to feedback@realitydigital.com and describe ONLY the general application. If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by Reality Digital Community in order to evaluate your concept(s).