REAL COMMUNITY (“REAL COMMUNITY”) IS AN ONLINE NETWORKING SPACE WHERE YOU CAN CREATE PERSONAL PROFILES, UPLOAD AND SHOWCASE YOUR CONTENT, EXPERIENCE AND RATE OTHER PEOPLE’S ORIGINAL CONTENT AND MEET AND COMMUNICATE WITH NEW PEOPLE. THE REAL COMMUNITY IS OPERATED BY HEXIA.NET, REALNETWORKS, INC’S TECHNICAL PROVIDER FOR THE REAL COMMUNITY.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE "AGREEMENT") BEFORE USING AND REGISTERING FOR THE REAL COMMUNITY AND UPLOADING ANY OF YOUR CONTENT ONTO THE REAL COMMUNITY. THIS AGREEMENT GOVERNS YOUR PROVISION OF CONTENT ONTO THE REAL COMMUNITY, YOUR USE OF THE REAL COMMUNITY AND HEXIA.NET’S USE OF YOUR CONTENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THE REAL COMMUNITY. THIS AGREEMENT IS BETWEEN YOU AND HEXIA.NET AND IS SUBJECT TO CHANGE BY HEXIA.NET AT ANY TIME IN ITS DISCRETION. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW YOU ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Introduction. By accepting this Agreement, You are requesting to use the Real Community subject to the terms of this Agreement. "You" means you or, if you are accepting on behalf of your employer or another entity, then "You" means that employer or entity and its affiliates. We may revise the terms of this Agreement by providing the new terms and conditions on the Real Community.
1. Eligibility and Use of the Real Community. Your use of and access to the Real Community is dependent on Your continued compliance with the terms of this Agreement. Hexia.Net reserves the right to refuse access to the Real Community to any person at any time in its sole discretion. By using the Real Community You represent and warrant that all information You submit is true and accurate.
2. Your Content. After acceptance of this Agreement, You may upload content “Your Content” for hosting and display to end users of the Real Community by using the upload tools provided on the Real Community. Your Content uploaded on to the Real Community will be posted in Your personal profile area but may be copied and exhibited by Hexia.Net on any part of the Real Community. You are solely responsible for all Your Content published or displayed on the Real Community, including any messages to and other interaction with other users of the Real Community.
3. Use of Your Content. By accepting this Agreement and uploading Your Content to the Real Community, you are granting Hexia.Net a royalty-free, perpetual, non-exclusive right and license (which licence may be sub-licensed to RealNetworks Inc), to host, cache, store, copy, distribute, transmit, perform, display, edit and reformat Your Content in order to (i) host Your Content on Hexia.Net's servers, (ii) index Your Content and store it in a database; (iii) display Your Content on the Real Community and any website owned and/or operated by RealNetworks, Inc; and (iv) distribute and sell Your Content from the Real Community and/or any other website operated by RealNetworks, Inc via both streaming and download to personal computers, mobile telephones and any other form of electronic device capable of receiving the same. Notwithstanding the foregoing, Hexia.Net is not required to host, index, or display any of Your Content. Hexia.Net is not responsible for any loss, theft or damage of any kind to Your Content.
4. Legal Content. By accepting this Agreement and uploading Your Content to the Real Community, You represent and warrant that: (a) You are at least 16 years of age, (b) all of the information provided by You to Hexia.Net to enroll and participate in the Real Community is correct and current; (c) You are solely responsible for Your Content that You place on the Real Community and for ensuring that Your Content is not Unacceptable Content (as defined in Clause 5 below); (d) You hold and will continue to hold the necessary rights, including but not limited to all copyright, trademark rights and rights of publicity in and to Your Content and to grant the rights granted herein; (e) You have the legal right and authority to enter into this Agreement, to perform the acts required of You under the Agreement, and to grant the rights and licenses described in this Agreement; (f) Your Content and the rights and licenses granted to Hexia.Net under this Agreement do not and will not violate any applicable law, statute, ordinance or regulation and do not breach and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories.
5. Unacceptable Content. You shall not upload any of Your Content to the Real Community (whether audio, video, messages, photos or profiles or any other content) that is Unacceptable Content, which shall mean any content that infringes any applicable law, regulation or code of practice and/or contains anything libellous, blasphemous, defamatory, pornographic, obscene, promotes bigotry, hatred or physical harm of any kind against any group or individual or is in any other way offensive (including any material that may cause offence to any person on grounds of their racial group, religion, sex, sexual orientation or disability), or which contains images or audio taken in dressing rooms, hospitals, medical facilities, homes or other private locations where the subject(s) of the image or audio does not know the image or audio is being recorded, images depicting, promoting or inciting cruelty to animals, images of driver's licenses, credit cards, or other personal financial information, or material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18 or anything which would cause injury to, invade the privacy of or otherwise infringe the rights of any person or anything else that in the sole judgment of Hexia.Net violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any user of the Real Community.
6. Copyright Policy. The Real Community is not an illegal file sharing service and should not be treated like one. You may not post any copyright material, trademarks, or other proprietary information owned or controlled by any third party without obtaining the prior written consent of the owner or controller of such proprietary rights. If Your Content includes any music content You represent and warrant that You hold and will continue to hold all necessary rights and consents, including but not limited to copyright (in both the sound recording and the underlying musical works) and performers consent in such music to grant the rights granted to Hexia.Net herein and to post the same on the Real Community. You further represent and warrant either that (a) You are not a member of the MCPS/PRS or any other performing rights and/or mechanical rights collecting society and that the copyright in the sound recording of Your Content is not owned and/or controlled by any record label (or other rights holder); or (b) You are a member of the MCPS/PRS or other performing and/or mechanical rights collecting society and/or any part of the copyright in the sound recording of Your Content is owned and/or controlled by a record label (or other rights holder) and You accept full responsibility for any and all royalties payable in respect of use and/or sale of Your Content on the Real Community and RealNetworks Inc’s websites in accordance with this Agreement. Hexia.Net aims for the Real Community to be self-policing and wants users to report any illegal or inappropriate content. If You believe that Your work has been copied and posted on the Real Community in a way that constitutes copyright infringement or if You find some content that You feel is Unacceptable Content, please notify Hexia.Net by following the relevant prompts on the Real Community. Hexia.Net may terminate access to the Real Community of any member who infringes this copyright policy.
7. Promotional License, Image, Publicity. You hereby grant Hexia.Net a non-exclusive, world-wide, royalty-free license (which licence may be sub-licensed to RealNetworks, Inc) to use Your Content, Your name, image and excerpts from Your Content on any medium for the purposes of advertising and promoting the Real Community.
8. Payment for Your Content. You hereby permit Hexia.Net to distribute Your Content to other users of the Real Community for Hexia.Net’s standard pricing for the particular content type as posted on the Real Community from time to time. If you choose to sell Your Content, Hexia.Net will pay You fifty percent (50%) of Net Revenues, if any, received by Hexia.Net from sales of Your Content. For these purposes Net Revenues shall mean the purchase price paid by other Users of the Real Community for Your Content less VAT, hosting, indexing and display costs, delivery costs including (where appropriate) premium SMS costs, billing costs including (where appropriate) credit card and debit card remittance and chargeback costs and other fees charged by our billing partner. Prior to being able to sell any of Your Content on the Real Community, You will need to provide certain details of your bank account or other payment system in order for Hexia.Net to pay You any fees due to You.
9. Proprietary Rights. Nothing contained in this Agreement conveys any ownership right to Hexia.Net or Real Networks, Inc in any of Your Content, or other materials provided by You. You acknowledge that as between You and Hexia.Net, Hexia.Net owns all right, title and interest in and to the Real Community and any software thereon, including the content upload tool.
10. Disclaimer and Limitation of Liability. THE REAL COMMUNITY IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. HEXIA.NET EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE REAL COMMUNITY AND THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL HEXIA.NET (OR REALNETWORKS, INC) BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU UNDERSTAND AND AGREE THAT YOU USE THE REAL COMMUNITY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR CONTENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE REAL COMMUNITY.
11. Your Obligation to Indemnify. You agree to indemnify, defend and hold Hexia.Net and RealNetworks, Inc and their respective directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss and expense (including reasonable legal fees, damage awards, and settlement amounts) brought against any Indemnified Person(s) arising out of, or related to or which may arise from Your Content and/or Your use of the Real Community and/or Your breach of any term of this Agreement.
12. Withdrawal of Your Content. You may withdraw Your Content from public display on Your personal profile area any time you wish. If You wish to have a piece of Your Content removed from any other area of the Real Community (or any of RealNetworks Inc’s websites) please notify Hexia.Net by following the on-screen prompts and Hexia.Net will use commercially reasonable efforts to remove Your Content from public display within thirty (30) days from receipt of notice of withdrawal. Hexia.Net may at any time in its sole discretion terminate this Agreement, or withdraw any of Your Content from the Real Community.
13. Privacy and Information Rights. You agree that Hexia.Net may use the information that You provide to Us when You register for the Real Community (including but not limited to contact and billing information) in accordance with the privacy policy located at http://www.realnetworks.com/company/privacy/
In addition, You agree that Hexia.Net may transfer and disclose this information, including personally identifiable information, to RealNetworks, Inc for the purpose of approving and enabling your participation in the Real Community and for RealNetworks, Inc to contact you about other of its products and services which may be of interest. Hexia.Net may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Hexia.Net disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party.
14. General. This Agreement does not affect any right that either party would have had, or shall have, independent of the Agreement including rights relating to Your Content under applicable law. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches. This Agreement shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.