Terms of Service
PLEASE READ THIS TERMS OF SERVICE AGREEMENT
CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND
REMEDIES.
Last Revised: 2022-05-05 17:42:27
1. Overview
This Terms of Service Agreement
("Agreement") is entered into by and between Realtime.li, registered
address Grellstrasse 14, Germany ("Company") and you, and is made
effective as of the date of your use of this website https://realtime.li
("Site") or the date of electronic acceptance.
This Agreement sets forth the general terms and
conditions of your use of the https://realtime.li as well as the products and/or
services purchased or accessed through this Site (the
"Services").Whether you are simply browsing or using this Site or
purchase Services, your use of this Site and your electronic acceptance of this
Agreement signifies that you have read, understand, acknowledge and agree to be
bound by this Agreement our
Privacy policy.
The terms "we", "us" or "our" shall refer to
Company. The terms "you", "your", "User" or
"customer" shall refer to any individual or entity who accepts this
Agreement, uses our Site, has access or uses the Services. Nothing in this
Agreement shall be deemed to confer any third-party rights or benefits.
Company may, in its sole and absolute discretion,
change or modify this Agreement, and any policies or agreements which are
incorporated herein, at any time, and such changes or modifications shall be
effective immediately upon posting to this Site. Your use of this Site or the
Services after such changes or modifications have been made shall constitute
your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT
AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
2. Eligibility
This Site and the Services are available only to
Users who can form legally binding contracts under applicable law. By using this
Site or the Services, you represent and warrant that you are (i) at least
eighteen (18) years of age, (ii) otherwise recognized as being able to form
legally binding contracts under applicable law, and (iii) are not a person
barred from purchasing or receiving the Services found under the laws of the
Germany or other applicable jurisdiction.
If you are entering into this Agreement on behalf
of a company or any corporate entity, you represent and warrant that you have
the legal authority to bind such corporate entity to the terms and conditions
contained in this Agreement, in which case the terms "you",
"your", "User" or "customer" shall refer to such
corporate entity. If, after your electronic acceptance of this Agreement,
Company finds that you do not have the legal authority to bind such corporate
entity, you will be personally responsible for the obligations contained in this
Agreement.
3. Rules of User Conduct
By using this Site You acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
- copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
- modify or alter any part of this Site or any of its related technologies,
- access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.
4. Intellectual Property
In addition to the general rules above, the
provisions in this Section apply specifically to your use of Companies Content
posted to Site. Companies Content on this Site, including without limitation the
text, software, scripts, source code, API, graphics, photos, sounds, music,
videos and interactive features and the trademarks, service marks and logos
contained therein ("Companies Content"), are owned by or licensed to
Realtime.li in perpetuity, and are subject to copyright, trademark, and/or
patent protection.
Companies Content is provided to you "as
is", "as available" and "with all faults" for your
information and personal, non-commercial use only and may not be downloaded,
copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any purposes whatsoever without the express
prior written consent of Company. No right or license under any copyright,
trademark, patent, or other proprietary right or license is granted by this
Agreement.
5. Links to Third-Party Websites
This Site may contain links to third-party websites
that are not owned or controlled by Company. Company assumes no responsibility
for the content, terms and conditions, privacy policies, or practices of any
third-party websites. In addition, Company does not censor or edit the content
of any third-party websites. By using this Site you expressly release Company
from any and all liability arising from your use of any third-party website.
Accordingly, Company encourages you to be aware when you leave this Site and to
review the terms and conditions, privacy policies, and other governing documents
of each other website that you may visit.
6. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR
USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED
"AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS".
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES,
STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR
CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I)
CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH
RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT
RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND
WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive
any termination or expiration of this Agreement or your use of this Site or the
Services found at this Site.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR
ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY
RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE
ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS
SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR
CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES,
WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM
THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY,
HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC,
"X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES
FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree
that any cause of action arising out of or related to this Site or the Services
found at this Site must be commenced within one (1) year after the cause of
action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or
expiration of this Agreement or your use of this Site or the Services found at
this Site.
8. INDEMNITY
You agree to protect, defend, indemnify and hold
harmless Company and its officers, directors, employees, agents from and against
any and all claims, demands, costs, expenses, losses, liabilities and damages of
every kind and nature (including, without limitation, reasonable attorneys’
fees) imposed upon or incurred by Company directly or indirectly arising from
(i) your use of and access to this Site; (ii) your violation of any provision of
this Agreement or the policies or agreements which are incorporated herein;
and/or (iii) your violation of any third-party right, including without
limitation any intellectual property or other proprietary right. The
indemnification obligations under this section shall survive any termination or
expiration of this Agreement or your use of this Site or the Services found at
this Site.
9. DATA TRANSFER
If you are visiting this Site from a country other
than the country in which our servers are located, your communications with us
may result in the transfer of information across international boundaries. By
visiting this Site and communicating electronically with us, you consent to such
transfers.
10. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this
Agreement and our policies, we shall use commercially reasonable efforts to
attempt to provide this Site on 24/7 basis. You acknowledge and agree that from
time to time this Site may be inaccessible for any reason including, but not
limited to, periodic maintenance, repairs or replacements that we undertake from
time to time, or other causes beyond our control including, but not limited to,
interruption or failure of telecommunication or digital transmission links or
other failures.
You acknowledge and agree that we have no control
over the availability of this Site on a continuous or uninterrupted basis, and
that we assume no liability to you or any other party with regard thereto.
11. DISCONTINUED SERVICES
Company reserves the right to cease offering or
providing any of the Services at any time, for any or no reason, and without
prior notice. Although Company makes great effort to maximize the lifespan of
all its Services, there are times when a Service we offer will be discontinued.
If that is the case, that product or service will no longer be supported by
Company. In such case, Company will either offer a comparable Service for you to
migrate to or a refund. Company will not be liable to you or any third party for
any modification, suspension, or discontinuance of any of the Services we may
offer or facilitate access to.
12. FEES AND PAYMENTS
You acknowledge and agree that your payment will be
charged and processed by Realtime.li.
You agree to pay any and all prices and fees due
for Services purchased or obtained at this Site at the time you order the
Services.
Company expressly reserves the right to change or
modify its prices and fees at any time, and such changes or modifications shall
be posted online at this Site and effective immediately without need for further
notice to you.
Except as expressly provided in these Terms, all
charges and payments are non-refundable, non-cancellable, and non-creditable,
even if your Services are suspended, terminated, or transferred prior to the end
of the Services term.
13. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer
any third-party rights or benefits.
14. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that
the content available on this Site are appropriate in every country or
jurisdiction, and access to this Site from countries or jurisdictions where its
content is illegal is prohibited. Users who choose to access this Site are
responsible for compliance with all local laws, rules and regulations.
15. GOVERNING LAW
This Agreement and any dispute or claim arising out
of or in connection with it or its subject matter or formation shall be governed
by and construed in accordance with the laws of Germany, Berlin, to the
exclusion of conflict of law rules.
16. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating
to these Terms of Services will be settled by binding arbitration. Any such
controversy or claim must be arbitrated on an individual basis, and must not be
consolidated in any arbitration with any claim or controversy of any other
party. The arbitration must be conducted in Germany, Berlin, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof.
17. TITLES AND HEADINGS
The titles and headings of this Agreement are for
convenience and ease of reference only and shall not be utilized in any way to
construe or interpret the agreement of the parties as otherwise set forth
herein.
18. SEVERABILITY
Each covenant and agreement in this Agreement shall
be construed for all purposes to be a separate and independent covenant or
agreement. If a court of competent jurisdiction holds any provision (or portion
of a provision) of this Agreement to be illegal, invalid, or otherwise
unenforceable, the remaining provisions (or portions of provisions) of this
Agreement shall not be affected thereby and shall be found to be valid and
enforceable to the fullest extent permitted by law.
19. CONTACT INFORMATION
If you have any questions about this Agreement,
please contact us by email or regular mail at the following address:
Realtime.li
Grellstrasse 14
Germany