Real Social Dynamics Inc. – Terms and Conditions
REAL SOCIAL DYNAMICS (“RSD”) CONTENT AND USER SUBMISSIONS
1.The contents of the Real Social Dynamics Internet service (“the Service”) are intended for the personal, non-commercial use of its users. All materials published on the Website (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips (collectively, the “Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Real Social Dynamics, Inc. or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
2. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Real Social Dynamics Corporation and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Real Social Dynamics Corporation or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Real Social Dynamics Corporation will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
4. RSD does not endorse the content on any third-party Websites. Real Social Dynamics is not responsible for the content of linked third-party Websites, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party Websites is at your own risk and subject to the terms and conditions of use for such Websites.
5. Real Social Dynamics Corporation is not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website. Without limiting the foregoing, everything on the Website is provided to you “As is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Real Social Dynamics Corporation also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
6. Real Social Dynamics Corporation has not reviewed all of the Websites linked to the Website and is not responsible for the content of any non Real Social Dynamics off-Website pages or Websites linked to the Website. Your linking to any other off-Website pages or other Websites is at your own risk.
7. You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of Real Social Dynamics Corporation. Real Social Dynamics Corporation neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Real Social Dynamics Corporation. The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
8. You may download or copy the Content and other downloadable items displayed on this Service for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content’s proprietary rights notices. While Real Social Dynamics Corporation uses reasonable efforts to include accurate and up to date information in the Website, Real Social Dynamics Corporation makes no warranties or representations as to its accuracy. Real Social Dynamics Corporation assumes no liability or responsibility for any errors or omissions in the content of the Website.
9. You agree that any information, feedback, questions, comments and/or submissions to the Website (as discussed below) or the like that you provide to us in connection with this Website or our Services (“Submissions”) will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded by you.
10 . Images of people or places displayed on the Website are either the property of, or used with permission by, Real Social Dynamics Corporation. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
11. Real Social Dynamics Corporation maintains this product Website (the “Website”) for your personal entertainment, information, education, and communication. You may download material displayed on the Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re post, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video without Real Social Dynamics Corporation’s prior written permission. Your access to and use of the Website is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Real Social Dynamics Corporation, if any, are superseded and of no force or effect.
12. Realsocialdynamics.com offers entertainment for men on the topic of women, personal improvement, and dating, as well as products and services related to women, personal improvement, and dating. All content, products and services are not to be considered as legal or professional advice, and are to be used for personal entertainment purposes only.
13. You agree to not use this site for any unlawful purpose.
14. Confidentiality and trade secrets: you acknowledge and agree that all content and materials available on this site, including but not limited to systems, designs, wording, colors and graphics are proprietary trade secrets protected by copyrights, trademarks, service marks, patents, or other proprietary rights and by other laws and that their use is restricted by the terms of this agreement. Use of the content or materials on this site for any purpose without written permission from real social dynamics is strictly prohibited. You further agree that you will create no derivative works of this site or the products offered within. v 15. If you believe that the content of any Submission provided by you has been used on the Website in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information: An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement on this Website is:
By postal mail: Intellectual Property Counsel, Real Social Dynamics, Inc. 8491 West Sunset Boulevard, #452, Los Angeles, CA 90069 By telephone: (310) 652-0137 By email: email@example.com
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
1. The Website contains links to other related World Wide Web Internet Websites, resources and sponsors of Real Social Dynamics. Selection of an ad banner or link will redirect you off of the Website to a third party Website. Interactions that occur between you and the third party are strictly between you and such third party and such interactions are not the responsibility of Real Social Dynamics. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. Real Social Dynamics does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the Website administrator or Webmaster of the third party Website.
2. This website is not intended to be viewed by minors or anyone under the age of 18. By entering this site, you are agreeing that you are over the age of 18.
3. By entering this website, you agree that you wish to be subscribed to this newsletter, and that you will make no threats, and take no additional action against Real Social Dynamics or realsocialdynamics.com in the event you are unhappy that you subscribed or are not able to remove yourself from this free mailing list, and you agree that the small inconvenience of receiving this unwanted newsletter will cause you no personal, emotional, or financial harm whatsoever. You further agree that if you take any action against Real Social Dynamics or realsocialdynamics.com other than requesting from us directly to be removed, including reporting or complaining to spamcop.net or any other similar policing entity, reporting or complaining to our isp or hosting company, or any other company that we are affiliated, partnered, or do business with, or make any threats of any kind, that you are violating this agreement and are willfully inflicting irreparable damage upon Real Social Dynamics and realsocialdynamics.com.
4. You understand that by entering your name and email address on the entry page that you are subscribing to a free, no obligation “Real Social Dynamics Email Newsletter”. This newsletter is offered as a free service by Real Social Dynamics and RealSocialDynamics.com, and no purchase is necessary. On occasion, subscribers have had trouble removing themselves from this free newsletter. If you have trouble subscribing or removing, you may contact us at firstname.lastname@example.org for personal attention.
REPRESENTATIONS AND WARRANTIES
1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or Real Social Dynamics Corporation’s use thereof in accordance with the terms and conditions of these Terms of Service, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold Real Social Dynamics and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. Real Social Dynamics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement, which affects the rights of Real Social Dynamics without Real Social Dynamics’ prior written approval.
2. Real Social Dynamics neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. The website, the service, the access software (defined herein) and any materials provided by Real Social Dynamics or third parties through the website and the service are provided “as is.” Real Social Dynamics makes no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy, timeliness or usefulness of any materials provided through the service. Real Social Dynamics does not guarantee that your access to or use of the website or the services available therein will be continuous, uninterrupted or secure.
3. You hereby acknowledge that the use of the Website and the Services available therein is at your sole risk.
LIMITATION OF LIABILITY
1. Real Social Dynamics shall not be responsible to you or any third parties for any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of the service, the website software or any of the materials provided by real social dynamics or third parties through the service, or any damage or loss interruptions, deletions of files, errors, defects, delays in performance of the service or the website software, regardless of the claim as to the nature of the cause of action, even if real social dynamics has been advised of the possibility of such damage or loss. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
2. Real Social Dynamics shall not be liable in any way whatsoever (including, but not limited to, negligence) for any special or consequential damages resulting from either your use of the site or your inability to use it or from your use of any site linked from or to the site. This limitation includes any circumstance in which real social dynamics or its representative has been advised of potential liability. Certain applicable laws may not allow all the limitations of liability described herein. Should that be the case, Real Social Dynamics’s total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the site.
3. To the fullest extent permissible under applicable law, Real Social Dynamics’s aggregate liability, and the aggregate liability of our licensors, to you or any third parties in any circumstance is limited to One Hundred U.S. Dollars ($100).
4. By using the site you waive any claim whatsoever against Real Social Dynamics which arises from your use, whether intended or not, of any other site. This waiver specifically includes any claim arising from a product and/or service which you purchase from any site other than realsocialdynamics.com and any claim arising from security of information (including, but not limited to credit card information) which you use on this site. In addition, real social dynamics assumes no responsibility for any content which you find on sites that link either to or from the site. This includes responsibility for the accuracy or compliance with any laws and for any viruses or other harmful things which may be contained in these sites. Nor is Real Social Dynamics responsible should any site link you to a site which you find offensive. Real Social Dynamics does not endorse or warrant the quality of any goods you buy from any site other than the site.
5. Disclaimer: Real Social Dynamics makes no warranties of any kind (either expressed or implied) concerning the materials on the site. Further, Real Social Dynamics does not warrant that transmission of the materials will not be interrupted nor does it warrant that the materials will contain no errors nor that they will be accurate. Real Social Dynamics does not warrant that the site itself or the server which transmits it will be free of viruses or anything else that might be harmful. Nor do we warrant that any defects will be corrected. You alone assume all risk associated with use of the site, including the full cost of any necessary repair or service to your computer.
1. You acknowledge and agree that you shall have no rights to the proprietary software and/or any related documentation, enhancements or modifications thereto, provided to you by the Website. You may not sublicense, assign or transfer any licenses granted to you by Real Social Dynamics, and any attempt at such sublicense, assignment or transfer is void. You may make one (1) copy of such software for archival purposes only. You may not copy, distribute, modify, reverse, engineer or create derivative works from the Website Software.
2. Software from this Website is further subject to United States Export Controls. No software from this Website may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction conducted on the Website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
1. Real Social Dynamics may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
2. Real Social Dynamics, including, without limitation, its authorized agents and employees may terminate your use of the Website without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any Real Social Dynamics event or (ii) attempting to alter or improperly access any feature or function of the Website. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Website or Real Social Dynamics employee; post content (including, but not limited to, the creation of usernames) that is offensive or otherwise disruptive of Website activities; post unsolicited advertising; or improperly impersonate a Real Social Dynamics employee or other individual.
RISK OF LOSS
1. All items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
1. I will not collect personal information from, or market to the attendees of Real Social Dynamics Live Programs. I understand that the identities of staff and participants in this Live Program are to be kept confidential. Privacy is important to attendees and staff of Real Social Dynamics Live Programs. I agree to not use any audio or video recording devices during any Real Social Dynamics Live Program that I attend.
2. I understand a Real Social Dynamics Live Program, marketing materials related to it, and its content contain copyrights, trademarks, and other original works of Real Social Dynamics, and that any duplication or derivative works is unlawful. I further agree that I will not disclose to any such competing individual or company any of the content I am exposed to at a Real Social Dynamics Live Program or use of the information I learn in a Real Social Dynamics program as the basis for a competing business. This material is confidential, and for my personal private use only.
3. I do and will not own, operate or work for a company or internet website that teaches men how to be successful with women and dating, for 4 years after attending the program, in Los Angeles, New York, San Francisco, Sydney, Melbourne, Toronto, Montreal, and London. I will forfeit to Real Social Dynamics any revenue earned from operating or working for a company or internet website that teaches men how to be successful with women and dating during the 4 year period, and I am still obligated to keep all trade secrets confidential.
4. I understand and agree that the ideas, concepts, techniques and views that I will be exposed to are an opinion only, to be used for entertainment purposes only, and not to be considered as professional advice. I agree never to use any of the content that you learn in an unlawful manner. I shall not hold Real Social Dynamics or its principal shall not be liable in any way whatsoever for any damages as a result of using or my inability to use the concepts I learn at this training and other third-party providers used, or any other product or service you are exposed to as a result of my relationship with Real Social Dynamics. I agree to forgo litigation and settle the matter using Binding Arbitration if a conflict should arise between Real Social Dynamics (including its staff and Principal) and I. Real Social Dynamics retains the right to refuse service and training to anyone at our discretion.
1. Real Social Dynamics and its affiliates attempt to describe all of the products on the Website as accurately as possible. However, Real Social Dynamics does not warrant that product descriptions or other Content of this Website is accurate, complete, reliable, current or error-free. If a product offered on our Website itself is not as described, your sole remedy is to return it in unused condition.
1. This Agreement has been made in and shall be construed and enforced in accordance with the law without regard to any conflict of law provisions. Real Social Dynamics makes no representation that the Content in this Website is appropriate for access outside of the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this agreement shall be brought in the federal or state courts located in Nevada.
2.Real Social Dynamics Corporation may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
3. Official correspondence must be sent via postal mail to:
Real Social Dynamics Attention: General Counsel 8491 West Sunset Boulevard, #452 Los Angeles, CA 90069
4. These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Real Social Dynamics with respect to your access and use of the Website and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Real Social Dynamics with respect to this Website or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Real Social Dynamics may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Real Social Dynamics or (iii) in connection with the sale of this Website or the business unit associated with this Website.
5. In the event that you violate any of the above terms, you agree to pay Real Social Dynamics the sum of $10,000.00 as liquidated damages. You further agree that all payments made to Real Social Dynamics are forfeited and not subject to refund. All other payments made by you to Real Social Dynamics irrespective of what those payments were to be applied to are also subject to forfeiture. Real Social Dynamics hereby reserves any and all legal rights and remedies available to it.