Real-Y End User License Agreement and Terms of use
PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE MOBILE APPLICATION.
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By clicking the “accept” or “ok” button or installing and/or using the Real-Y mobile application (the “App”) you expressly acknowledge and agree that you are entering into a legal agreement with Real-Y (“Real-Y”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement” or “EULA”). "You" means each person who accesses or uses the App or the Services, whether or not such person personally installed the App or personally utilizes the App. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install, or use the App. NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE EXTENT THAT CONSUMER PROTECTION OR LOCAL LAWS OR REGULATIONS GRANT YOU MANDATORY OR STATUTORY RIGHTS, THIS AGREEMENT SHALL ONLY LIMIT SUCH RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAWS OR REGULATIONS.
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The Services. Real-Y application allows its users to interact with other users serves as a dating platform based on real time location in Israel and other territories in which the app’s services will be available worldwide, whether the services are provided free of charge or paid for (hereinafter, respectively: the "Basic Services" and the "Premium Services" respectively, and collectively referred to as the "Services").
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Free Services. Real-Y allows free use of certain functions of the application, with certain usage restrictions. The features and browsing limits of free subscriptions may be subject to change periodically.
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Paid Services. Real-Y offers an optional subscription that provides additional premium features not available to free users. The subscription can be purchased directly from the application stores, at a cost based on the chosen subscription renewal period (one month, three months, six months, etc.). The Paid Services cost may also change over time. Please keep in mind that billing is handled directly by the application stores, and that users can change or cancel the subscription renewal at any time through the subscription page on the app store. Real-Y has no access to the billing and payment process and cannot change, cancel, or otherwise affect the payment and billing process. The users are fully and independently responsible for any purchase, change or cancelation of a Paid Services subscription plan. If you wish to end this Agreement, you will be required to cancel the automatic renewal option via your account with the relevant Store. Your request to conclude this Agreement will take effect in the month after the month during which the conclusion notice was given, and the Subscription Period will not be renewed. Please note that removal of the Application from the Device will not be considered termination of this Agreement.
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Ability to accept. You represent and warrant that you are over 18 years old, and that you have the legal capacity to enter into this EULA. We reserve the right to suspend or cancel the subscription without notice if we discover or suspect that the subscriber is under the age of 18.
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Any violation of these guidelines or this agreement by you, may result in your user account being blocked or banned and may lead to the termination of your access to the services.
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Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download, install and use the App on a mobile telephone, tablet or other platform (each a “Platform”) that you own or control; and (ii) access and use the App on that Platform in accordance with this Agreement and any applicable Usage Rules (defined below).
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License Restrictions. You agree not to, and shall not permit any third-party to (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) Share the same account with different people; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy, modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features, or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the Real-Y name, logo or trademarks without our prior written consent; and (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
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User Account
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In order to use the App features, you have to create or use an account (an “Account”). If you create an Account, you must provide some information about yourself (e.g., first name, gender, sexual orientation, picture, date of birth etc.). We cannot guarantee, and we assume no responsibility for verifying, the accuracy of information provided by the users of our services. You are solely responsible for the activity that occurs in your Account. You must notify us immediately of any unauthorized use of your Account.
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We can terminate or disable your account immediately to protect our App or services, or if you create risk or legal exposure for us, violate this Agreement, if you infringe other people's rights, if we suspect misuse by you of the App, our Content or our Services. If we take action to disable or terminate your account, we will notify you where, and if, appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact us at ___.
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It is important to note that if a paid subscriber is blocked from using the application due to a violation of the terms of use, the payment for the subscription will not be refunded. As all payments are handled by the application stores, we are unable to independently cancel a paid subscription – and it is the paid subscriber's responsibility to cancel the subscription through the application store upon being blocked to avoid financial losses. Real-Y does not have the technical capability to cancel subscriptions for users who purchased them through the app store. Real-Y is not responsible for any financial or other damage incurred by the user if they fail to cancel the subscription directly through the app store.
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Usage Rules
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When downloading the App from a third-party platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and using the App.
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Distributor Requirements and Usage Rules.
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Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement, You acknowledge and agree that:
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this Agreement is concluded between Real-Y and you only, and not with Apple, and Real-Y and its licensors, and not Apple, is solely responsible for the App and the content thereof.
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your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
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the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the ios;
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Real-Y is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
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Real-Y is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Real-Y’ sole responsibility;
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Real-Y, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
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in the event of any Third-Party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement, and discharge of any such intellectual property infringement claim;
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Apple, and its subsidiaries are Third-Party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a Third-Party beneficiary thereof.
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You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
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If you have any questions, complaints, or claims regarding the App, please contact Real-Y’s customer support at:
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Contact details of your local customer support can be found on the App.
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By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service (as amended from time to time).
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Safe and appropriate use.
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In order to maintain a safe space and a positive browsing experience, Real-Y suggests that you refrain from giving personal details or any identifying information to people you do not know, refrain from sending sexual images or images that contain intimate parts, refrain from sending bank account details or any means of payment, and generally avoid conversations that are unpleasant or disturbing.
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You agree that your use of the Services is at your own risk and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in this Agreement and you will not encourage or enable any other individual to do so. You undertake not to perform the following actions:
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impersonating any person or entity;
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Use of content of a threatening, racist or blatant nature that may harm the public domain;
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Uploading or publishing content that constitutes or may constitute defamation of a person, violation of or invasion of privacy (including privacy rights of third parties), references to a person's health condition, deception, impersonation, violation of copyrights and intellectual property, violation of contractual rights or any other violation of any law;
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Uploading or publishing obscene, offensive, pornographic, violent or explicit sexual content;
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making offensive comments or uploading offensive content about and/or towards other users, including using hurtful or discriminatory language or content aimed towards an individual's sexual orientation, gender expression and identity, physical appearance, disabilities, race, national origin, ethnicity or political opinion;
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making offensive comments or uploading offensive content that is abusive, insulting, intimidating or threatening, or which encourages, promotes or celebrates sexism, racism, bigotry, and any form of hatred;
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uploading illegal material to the App, or material that encourages, or assists in the commission of, or a guide to the commission of a criminal offense according to the laws of your country of residence;
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Advertising, offer or demand of paid sex services, including escort services or supporting openly or in such a way that it can be understood from it that it is an offer of paid sex;
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uploading or publishing any material that concerns minors, including photos, or that may identify them or allow contact with them; Publishing the materials on the App, including profiles of users, in any online or printed media without obtaining permission from the website management; Commercial advertising on the website other than through an "advertising subscription" on the App or through banners placed on the website by the App management;
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Using the Services or information about the location of other users in order to harass, track, defame, defraud or threaten users, including collecting or storing personal information about them;
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REAL-Y DOES NOT CONTROL ANY OF THE THINGS ITS USERS SAY OR DO. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE REAL-Y SERVICES AND YOUR INTERACTIONS WITH OTHER USERS (WHETHER ON OR OFF THE REAL-Y SERVICES). REAL-Y MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS. THEREFORE; REAL-Y DOES NOT INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR ATTEMPT TO VERIFY THE INFORMATION PROVIDED BY OUR USERS IN CONNECTION WITH ACCOUNT CREATION, INCLUDING THE USERS’ IDENTITY, GENDER, HEALTH, PHYSICAL CONDITION, OR ACCURACY OF THE DATE OF BIRTH REPORTED FOR AGE VERIFICATION PURPOSES; REAL-Y IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT THE USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL CONSEQUENCES.
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Location Data. Certain features or functionality (“Features”) of the App may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to always make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do not provide or make such Location Data accessible then the Features may be limited or not operate.
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Intellectual Property Rights.
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Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that Real-Y and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
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Content. The: (i) content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), the (ii) User Content (defined below), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials and User Submissions, the “Content”), is the property of Real-Y and its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Real-Y” and the Real-y logo are Marks of Real-Y and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.
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Use of Content. The content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
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USER CONTENT.
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The Real-Y Services may allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by You and other Users to Real-Y and other Users (“User Content”), and the hosting, sharing and/or publishing of such User Content with Real-Y and other Users.
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As set forth in Section 9 above, You are solely responsible for Your own User Content, the consequences of posting or publishing User Content, and for Your interactions with other users.
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In connection with User Content, You represent and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Real-Y to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Real-Y Services and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Real-Y Services and this Agreement. For clarity, You shall retain all of Your ownership rights in Your User Content.
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You understand that when using the Real-Y Services, You will be exposed to User Content from a variety of sources, and that Real-Y is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable.
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Real-Y assumes no responsibility whatsoever in connection with or arising from User Content. Real-Y assumes no responsibility for actively monitoring User Content for inappropriate content. If at any time Real-Y chooses, in its sole discretion, to monitor User Content, Real-Y nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content. Further, Real-Y does not endorse and has no control over the content of User Content submitted by other Users. Real-Y makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. Nonetheless, Real-Y reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time.
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User Content is owned by the User who submitted it, subject to Real-Y’s license to such User Content under this Agreement. You may not share, display or duplicate the User Content of any other party, except as permitted under this Agreement.
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In any event, if we become aware of unlawful or prohibited use of our Services or behavior, we reserve the right to report it to the relevant authorities. In addition, you can also report about another user who acts according to the actions described above in a way that is not aligned with this agreement and with the usage rules.
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Third-Party Sources and Content.
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The App may enable you to view, access, link to, and use content from Third-Party Sources (defined below) that are not owned or controlled by us (“Third-Party Content”). The App may also enable you to communicate and interact with Third-Party Sources. “Third-Party Source(s)” means: (i) third-party websites and services; (ii) our partners and customers; and (iii) Platform manufacturer and operating system.
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We are not affiliated with and have no control over any Third-Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions, or practices of, any Third-Party Sources. Please read the terms of use and privacy policy of any Third-Party Source that you interact with before you engage in any such activity.
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We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third-Party Content.
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We do not endorse any advertising, promotions, campaigns, products, services, or other materials that is included in any Third-Party Content or that is communicated to you from a Third-Party Source.
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By using the App you may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third-Party Source or to view and use Third-Party Content. Your interaction with a Third-Party Source and your use of, and reliance upon, any Third-Party Content is at your sole discretion and risk.
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You are solely responsible and liable for your interaction with a Third-Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Real-Y, and to the maximum extent permitted by law, release Real-Y from any and all liability, arising from your use of and interaction on any Third-Party Content and from your interaction with any Third-Party Source. If you have any query or complaint regarding a Third-Party Source or any Third-Party Content, you agree to contact the Third-Party Source directly.
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Third-party open-source software.
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Portions of the App may include third-party open-source software that are subject to third-party terms and conditions (“Third-Party Terms”). A list of any third-party open-source software and related Third-Party Terms is available upon request from customer support. If there is a conflict between any Third-Party Terms and the terms of this Agreement, then the Third-Party Terms shall prevail but solely in connection with the related third-party open-source software. Notwithstanding anything in this Agreement to the contrary, Real-Y makes no warranty or indemnity hereunder with respect to any third-party open-source software.
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Privacy Policy. We will use any personal information that we may collect or obtain in connection with the App in accordance with our privacy policy (“Privacy Policy”), and, to the maximum extent permitted by law, by using the App you agree that we may do so.
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Warranty Disclaimers.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE (of the APP) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE, THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SOFTWARE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD-PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
IF YOU HAVE A DISPUTE WITH ANY OTHER REAL-Y'S SERVICES OR PRODUCT USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION TO MONITOR ANY SUCH DISPUTE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT, SUCH EXCLUSIONS MAY NOT APPLY.
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Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL REAL-Y BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP, EVEN IF REAL-Y HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
IN ANY EVENT AND WHERE PERMITTED BY LAW, REAL-Y’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO REAL-Y FOR USING THE APP WITHIN THE SIX (6) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
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Indemnity. You agree to defend, indemnify and hold harmless Real-Y and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App; (ii) your violation of this Agreement; and (iii) your violation of any Third-Party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to indemnification by you without first obtaining our express approval.
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Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision”) but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
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Term and Termination.
This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause and shall not be liable to you or any Third-Party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.
Upon termination of this Agreement, you shall cease all use of the App. This Section and Sections of Intellectual Property Rights, Privacy, Warranty Disclaimers, Limitation of Liability and Indemnity shall survive termination of this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you but may be assigned by Real-Y without restriction or notification.
We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.
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Governing Law and Disputes. To the maximum extent permitted by law, this Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. Where permitted by applicable law, you agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. This Section is not intended to limit your rights under applicable law consumer-protection regulations that under such laws or regulations cannot be limited or excluded.
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Miscellaneous
This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Real-Y concerning the App. In the event of a conflict between this Agreement and any of the foregoing, the terms of this Agreement shall prevail. No amendment to this Agreement will be binding unless in writing and signed by Real-Y. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.