1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services
offered at realtimepass.com is provided to you under the terms and conditions
of this RealTimePass.Com Terms of Service, and any operating rules or
policies that may be published at the URL: www.realtimepass.com.
The RealTimePass.Com Terms of Service comprises the entire agreement between
User and the site supersedes all prior agreements between the parties
regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION
PROCESS, OR USING THE SITE, YOU INDICATE YOUR AGREEMENT TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS HEREIN. RealTimePass.com
provides User a wide range of service. We will not charge User for the
Service. In consideration for this Service, User agrees to: (1) provide
certain current, complete, and accurate information about User as prompted
to do so by the Service, and (2) maintain and update this information
as required to keep it current, complete and accurate. All information
requested during your original sign-up shall be referred to as "Registration
Data." If any Registration Data provided by User is inaccurate, RealTimePass.Com
reserves the right to terminate User's account and rights to use the Service.
User will not
use the Service for "Spamming" or any use of distribution lists
to any person who has not given specific permission to be included in
such a process. If any User uses the Service for Spam, RealTimePass.Com
reserves the right to immediately terminate User's access to the Service
and to seek appropriate legal recourse as necessary. If any User believes
that others are using the Service for Spam, please contact us at support@realtimepass.com.
RealTimePass.Com
will not send any communications to Users, or non-User, other than as
required for the performance of the Service and for notices pertaining
to the Service. All notices to a party shall be in writing and shall be
made via email. We may broadcast, distribute or display notices or messages
through the Service to inform User of changes to the RealTimePass.Com
Terms of Service, the Service, or other matters of importance; such broadcast,
distributions or displays shall constitute notice to User.
5. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: RealTimePass.Com
may modify or discontinue the Service with or without notice to User.
We shall not be liable to User or any third party should we modify or
discontinue the Service. We may change the terms and conditions of the
RealTimePass.Com Terms of Service from time to time. Upon any change in
the terms and conditions of the RealTimePass.Com Terms of Service, we
may notify User via email, and/or by posting an announcement of the changes
and a link to the new RealTimePass.Com Terms of Service on the start-up
screen upon User's subsequent use of the Service. User will be asked to
review the new RealTimePass.Com Terms of Service. User acknowledges and
accepts the RealTimePass.Com Terms of Service by continuing to use the
Service. It is RealTimePass.Com's
policy to respect the privacy of its users. Therefore, Cyber Art Work
will not edit or disclose the contents of User's private communications
unless required to do so by law, or as otherwise stated in RealTimePass.Com's
Privacy Policy, or in the good faith belief that such action is necessary
to: (1) conform to the edicts of the law or comply with legal process
served on RealTimePass.Com; (2) protect and defend the rights or property
of Cyber Art Work; or (3) act under exigent circumstances to protect the
personal safety of its users or the public. Please see Our
Privacy Vow for more information. User acknowledges and agrees that
certain technical processing of mail messages and their content may be
required to: (1) send and receive messages; (2) conform to connecting
networks' technical requirements; (3) conform to the limitations of the
Service; or (4) conform to other similar requirements. 7. USER ACCOUNT, PASSWORD, AND SECURITY: Once you register
for the Service, you will receive a password and an account. You are responsible
for maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You may change your password at any time by following instructions;
you may also set up a new account at your convenience. User agrees to
immediately notify RealTimePass.Com of any unauthorized use of User's
account or any other breach of security known to User. USER EXPRESSLY
AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RealTimePass.Com EXPRESSLY
DISCLAIMS 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. RealTimePass.Com MAKES
NO WARRANTY THAT THE SERVICE WILL MEET USER REQUIREMENTS, OR THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
RealTimePass.Com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. RealTimePass.Com MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM RealTimePass.Com
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. RealTimePass.Com
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF RealTimePass.Com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY
TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED
OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS
OR DATA. YOU SPECIFICALLY AGREE THAT RealTimePass.Com IS NOT RESPONSIBLE
OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY,
ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE
OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE,
OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER
PARTY ON THE SERVICE, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY
RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. 10. NO RESALE OR COMMERCIAL USE OF THE SERVICE: User's right
to use the Service is personal to User. User agrees not to resell or make
any commercial use of the Service without the express consent of RealTimePass.Com.
RealTimePass.Com
reserves the right, but does not assume the responsibility, to monitor
or review User conduct on the Service. User's use of the Service is subject
to all applicable local, state, national and international laws and regulations.
User agrees: (1) to comply with INDIAN law regarding the transmission
of technical data exported from INDIA through the Service; (2) not to
use the Service for illegal purposes (including without limitation, gambling
or betting); (3) not to interfere or disrupt networks connected to the
Service; and (4) to comply with all regulations, policies and procedures
of networks connected to the Service. The Service makes use of the Internet
to send and receive certain messages; therefore, User's conduct is subject
to Internet regulations, policies and procedures. User is solely
responsible for any data, text, software, music sound, photographs, graphics,
video, messages or other materials ("Content") which is transmitted, posted,
or distributed by User through the Service, including but not limited
to the contents of User's email communications and photos posted by User
on the RealTimePass.Com Site or through the Service. All Content whether
publicly posted or privately transmitted, is the sole responsibility of
the person from which such Content originated. This means that User, and
not RealTimePass.Com, is entirely responsible for all Content that User
uploads, posts, emails or otherwise transmits via the Service. RealTimePass.Com
does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. User
understands that by using the Service, User may be exposed to Content
that may be offensive, indecent or objectionable. Under no circumstances
will RealTimePass.Com be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
User agrees to
indemnify and hold RealTimePass.Com, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of User's
use of the Service, the violation of this RealTimePass.Com Terms of Service
by User, or the infringement by User (or other user of the Service using
User's computer) of any intellectual property or other right of any person
or entity. Either party
may terminate the Service with or without cause at any time and effective
immediately upon written notice to the other party. RealTimePass.Com may
terminate the Service or User's use of the Service with or without cause
at any time and effective immediately, at RealTimePass.Com's sole discretion,
including but not limited to immediate termination of User's use of the
Service should User's conduct fail to conform with these terms and conditions
of the RealTimePass.Com Terms of Service, including but not limited to
the terms of conduct set forth in Section 10. RealTimePass.Com shall not
be liable to User or any third party for termination of Service. Should
User object to any terms and conditions of the RealTimePass.Com Terms
of Service or any subsequent modifications thereto or become dissatisfied
with the Service in any way, User's only recourse is to immediately: (1)
discontinue use of the Service; (2) terminate Service registration; and
(3) notify RealTimePass.Com of termination. Upon termination of the Service,
User's right to use the Service and Software shall cease immediately.
User shall have no right and RealTimePass.Com will have no obligation
thereafter to forward any unread or unsent messages to User or any third
party. Sections 8, 9, 13, and 14 - 19 shall survive termination of the
RealTimePass.Com Terms of Service. 15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS: User may enter
into correspondence with or participate in promotions of the advertisers
who show their products and/or services on the RealTimePass.Com Site.
Any such correspondence or promotions, including the delivery of and the
payment for goods and services, and any other terms, conditions, warranties
or representations associated with such correspondence or promotions,
are solely between the corresponding User and RealTimePass.Com Site. Evite
assumes no liability, obligation or responsibility for any part of any
such correspondence or promotion. 16. PROPRIETARY RIGHTS TO CONTENT: User acknowledges
that Content, contained in either sponsor advertisements or distributed
via email, commercially produced information presented to User by the
Service by RealTimePass.Com or RealTimePass.Com Site, is protected by
copyrights, trademarks, service marks, patents or other proprietary rights
and laws. User is permitted to use the RealTimePass.Com Content or RealTimePass.Com
Site Content as expressly authorized by the RealTimePass.Com or
the RealTimePass.Com Site. User may not copy, reproduce, distribute, or
create derivative works from the RealTimePass.Com Content or RealTimePass.Com
Site Content without expressly being authorized to do so by RealTimePass.Com
or RealTimePass.Com Site. You may make a copy of the RealTimePass.Com
Content or RealTimePass.Com Site Content for your personal, noncommercial
use only, provided that you keep all copyright or other proprietary notices
intact. Subject to the
terms of RealTimePass.Com's privacy policy, User agrees that upon posting
any Content on the Service or the RealTimePass.Com Site, including but
not limited to text and photographs, User grants to RealTimePass.Com,
and its successors and assigns, a non-exclusive, worldwide, royalty free,
perpetual, non-revocable license under your copyrights or other intellectual
property rights, if any, in and to the content, to distribute, display,
and reproduce such content to other users of the Service. User also grants
RealTimePass.Com the right to authorize the downloading and printing in
whole or in part of any content that you have posted to the RealTimePass.Com
Site, by end users for their personal use. The RealTimePass.Com
Terms of Service shall be governed by and construed in accordance with
the laws of the Indian State, excluding its conflict of law provisions.
User and RealTimePass.Com agree to submit to the exclusive jurisdiction
of Mumbai High Court. If any provision(s) of the RealTimePass.Com Terms
of Service is held by a court of competent jurisdiction to be contrary
to law, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties with the other provisions remaining
in full force and effect. RealTimePass.Com's failure to exercise or enforce
any right or provision of the RealTimePass.Com Terms of Service shall
not constitute a waiver of such right or provision unless acknowledged
and agreed to by RealTimePass.Com in writing. User and RealTimePass.Com
agree that any lawsuit arising out of or related to this Service must
commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred. The section titles in the
RealTimePass.Com Terms of Service are solely used for the convenience
of the parties and have no legal or contractual significance.
It is the express
wish of the parties that the RealTimePass.Com Terms of Service and all
related documents have been drawn up in English. |