TERMS OF SERVICE
RATV Network/RealtyAway owns and operates the interactive multimedia communications websites, www.RealtyAway.tv, www.ratvlive.com and certain co-branded versions of these sites under contract with other third parties (collectively “RealtyAway”, "RATV Network", "RATVLIVE").
You may only use RATV Network/RealtyAway pursuant to the RATV Network/RealtyAway Terms of Service (this “Agreement”), which you accept by your use of RealtyAway. RATV Network/REALTYAWAY reserves the right to modify or revise this Agreement at any time in its sole discretion. Any such modification to this Agreement shall be effective immediately upon being posted on RealtyAway unless otherwise stated. You are legally bound by such modifications or revisions, and therefore you should regularly review the most current version of these terms. Your continued use of RATV Network/RealtyAway following RATV Network/REALTYAWAY’s posting of any changes or modification to these Terms of Service will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of this Agreement, you should not continue to use RATV Network/RealtyAway.
Description of Service
RATV Network/RealtyAway provides access to various publishing and communication tools which can be used to publish, display, perform, transmit or otherwise distribute (hereinafter “Post”) information or content provided by a user, including, without limitation, messages, photographs, audio files, video files, and live streaming video (hereinafter “Content”) on the Internet. RATV Network/RealtyAway includes the services provided by the RATV Network/RealtyAway social networking website [www.RealtyAway.tv] [www.ratvlive.com]
Use of the RATV Network/RealtyAway social networking website and most Services are free. Certain services, including, without limitation, PayPerView services are available on a subscription basis and require a fee in accordance with the Fee Schedule associated with that Service. You agree that RATV Network/REALTYAWAY may charge to your credit card or other payment mechanism selected by you and approved by RATV Network/REALTYAWAY (“Your Account”) all amounts due and owing for the Services, if any, including Membership Fees, Setup Fees, Transaction Fees, or any other fee or charge associated with your use of the Services. RATV Network/REALTYAWAY may change prices at any time without prior notice. You agree that in the event REALTYAWAY is unable to collect the fees owed to RATV Network/REALTYAWAY for the Services through your Account, RATV Network/REALTYAWAY may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by RATV Network/REALTYAWAY in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that RATV Network/REALTYAWAY may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
Certain features of RATV Network/RealtyAway are only available to Members who have completed a membership application and registered a valid user name and password. Membership is available to anyone 18 years of age or older. You must be at least 18 years of age (or the minimum age of majority in your state), and able to form legally binding contracts if you wish to register for the PayPerView, and LiveCitizen services.
Your membership is solely for your personal use and is not transferable. You shall not authorize others to use your user name. RATV Network/REALTYAWAY reserves the right to cancel any Member account and user name at any time, for any reason, in its sole discretion.
User Name and Password
You must have a valid email address in order to register for a user name and password on RATV Network/RealtyAway. When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property rights of any person or entity, or (4) use a user name that RATV Network/REALTYAWAY considers in its sole discretion as being inappropriate.
You are solely responsible for the use and maintenance of your user name and password. You may change your password at any time (by going to the RealtyAway website home page and clicking on “Edit Profile”). You agree to notify RATV Network/REALTYAWAY of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your account at the end of each session.
You must use your user name on a regular basis by logging into RATVLIVE.COM in order to keep your user name and membership active. RATV Network/REALTYAWAY may, without notification, cancel your membership and user name and delete the Content Posted by any Member who has not used such user name for a period of ninety (90) days. If your user name is cancelled, you will need to re-register for a membership and obtain a new user name to gain access to any registration based service of RATV Network/RealtyAway.
Proprietary Rights in Content Created by RATV Network/REALTYAWAY
RATV Network/REALTYAWAY owns and retains all proprietary rights in RATV Network/RealtyAway. The compilation of all Content on RATV Network/RealtyAway is the exclusive property of RATV Network/REALTYAWAY (or its partners or Licensors). Except as otherwise provided in “User Content” below, all Content, including but not limited to text, software, music, sound, photographs, video, graphics, Java script code, and HTML code, presented to you on or through RATV Network/RealtyAway by RATV Network/REALTYAWAY or RATV Network/REALTYAWAY’s affiliates and advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by RATV Network/REALTYAWAY, its affiliate or the advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without the express written permission from RATV Network/REALTYAWAY, its affiliate or the advertiser. Content on RealtyAWay is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. RATV NetworkREALTYAWAY reserves all rights not expressly granted in and to the RATV Network/RealtyAway and the Content.
Grant of License
As long as you are not in breach of any terms or conditions of this agreement, RATV Network/REALTYAWAY grants you a revocable, nontransferable, non- exclusive right and license to access and use Ratvlive.com or RealtyAway.tv as set forth in these Terms of Service.
You may access User Content for your information and personal use solely as intended through the provided functionality of RATV Network/RealtyAway. You shall not copy or download any User Content unless you are provided the means to download that Content from RATV Network/REALTYAWAY or the owner of the Content.
No Commercial Use
You may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a website or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services. You shall not use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the websites, Services, or any network or networks connected to the Services or security systems.
RATV Network/REALTYAWAY's Rights in User Content
By Posting Content to RATV Network/RealtyAway, you warrant and represent that you own the rights to that Content or are otherwise authorized to Post, display, perform, transmit, or otherwise distribute and sublicense that Content. If you are a RATV Network/RealtyAway PayPerView Host, you also warrant and represent that you have the right to exploit that content. You or the owner of the Content retain ownership of all right, title, and interest in Content that you Post, display, perform, transmit, or otherwise distribute on RATV Network/RealtyAway. However, you grant RATV Netwok/REALTYAWAY a license to use and distribute the Content you Post on RATV Networrk/RealtyAway until a commercially reasonable time after you have deleted the Content. More specifically, by Posting, downloading, displaying, performing, transmitting, or otherwise distributing Content on RATV Network/RealtyAway, you are granting RATV Network/REALTYAWAY, its, affiliates, and their subsidiaries, assigns, employees, agents and licensees the worldwide, royalty-free, sublicenseable and transferrable right to reproduce, display, distribute, adapt, prepare derivative works of, promote and perform that Content in any medium and through any media channel in connection with RATV Network/RealtyAway business as well as the right to use throughout the universe your professional name, likenesses, other identifications, and biographical material concerning you which you have Posted to RealtyAway, in connection with the advertising and promotion of RATV Network/RealtyAway. This includes, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content, and to publish, disclose and use your name in connection with your Content. You will not be compensated by RATV Network/REALTYAWAY for any Content which you Post or for the use of your name or likeness used in accordance with the above. The above licenses granted by you terminate within a commercially reasonable time after you have deleted the Content.
Restrictions on Posting Content
You are solely responsible for all Content Posted by you and all Content Posted under your user name, including, without limitation, photographs, audio files, video files, and live streaming video, as well as any communication with other members via the RATV Network/RealtyAway instant message service and RATV Network/RealtyAway internal email service. You may use RATV Network/RealtyAway for lawful purposes only. You may not Post or transmit, whether publicly or privately, any material that (a) is false, misleading, deceptive, deceitful, or constitutes “bait and switch”;(b) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content Posted; (c) contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful programs; (d) harasses, threatens, or abuses another person; (e) is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; (f) violates any applicable law restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense; (g) gives rise to civil liability; (h) advertises or otherwise solicits funds or is a solicitation for goods or services, other than that which is incidental to your use of the PayPerView service; (i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; or (j) otherwise violates any applicable local, state, national or foreign law or regulation.
RATV Network/REALTYAWAY imposes certain restrictions on your permissible use of RATV Network/RealtyAway. You are prohibited from violating or attempting to violate any security feature of RATV Network/RealtyAway, including, without limitation, (a) accessing Content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of RealtyAway or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using RealtyAway to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging the TCP/IP packet header or any part of the header information in any email or in any Posting using RealtyAway; or (f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by RATV Network/REALTYAWAY in providing RATV Network/RealtyAway. Any violation of system or network security may subject you to civil and/or criminal liability. You also may not use RATV Network/RealtyAway to stalk or harass anyone, Post irrelevant Content or repeatedly Post the same or similar Content.
Compliance with Intellectual Property Laws
When using RATV Network/RealtyAway, you agree to obey the law and to respect the intellectual property rights of others. Your use of RATV Network/RealtyAway is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any infringement of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your user name. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
RATV Network/REALTYAWAY reserves the right to terminate your use of RealtyAway at any time with or without cause and with or without notice to you. To ensure that RATV Network/REALTYAWAY provides a high quality experience for you and for other users of RATV Network/RealtyAway, you agree that REALTYAWAY may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of RATV Network/RealtyAway. RATV Network/REALTYAWAY does not intend to disclose the existence or occurrence of such an investigation unless required by law, but RATV Network/REALTYAWAY reserves the right to terminate your account or your access to RATV Network/RealtyAway and to delete all Content Posted therein, with or without notice to you, and without liability to you, if REALTYAWAY believes that you have violated any of the Terms of Service, furnished RATV Network/REALTYAWAY with false or misleading information, or interfered with use of RATV Network/RealtyAway.
Reporting Certain Abuse to Law Enforcement
The RATV Network/RealtyAway service is intended for use by a general audience including children as young as 14 years of age. Sexually explicit Content is strictly prohibited on RealtyAway. The traffic data and personal information of RATV Network/RealtyAway Members who Post sexually explicit material may be reported to law enforcement authorities for prosecution under applicable criminal laws.
RATV Network/REALTYAWAY fully complies with the Congressional mandate of 42 U.S.C. § 13032, which requires us to report to the National Center for Missing and Exploited Children, the facts and circumstances relating to sexually explicit Content and other criminal offenses involving children under the age of 18 which appears on RATV Network/RealtyAway. This includes, but is not limited to, the Posting of sexually explicit material, (including without limitation, photos, videos, and live Webcasts) depicting children under the age of 18.
Other types of abuse and violations of our Terms of Service that may compromise the safety of our members, and which do not fall within the Congressional mandate of 42 U.S.C. § 13032 may be reported to local, national, or international law enforcement agencies in cooperation with the Virtual Global Taskforce.
No Duty to Monitor Content
RATV Network/REALTYAWAY, in its sole discretion shall have the right (but not the duty) to monitor the Content Posted on RATV Network/RealtyAway including, without limitation, the Content of any communication that occurs on or through the RATV Network/RealtyAway instant message service and the RATV Network/RealtyAway internal email service. RATV Network/REALTYAWAY reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but RATV Network/REALTYAWAY is not responsible for any failure or delay in removing such Content.
Parental Control Protections
RATV Network/REALTYAWAY is concerned about the safety and privacy of all RATV Network/RealtyAway users, especially children. However, it is important to keep in mind that RATV Network/RealtyAway is intended for broad general use and users may find that some Content available on RATV Network/RealtyAway is offensive, indecent or objectionable. RATV Network/REALTYAWAY cannot be held responsible for any Content Posted by RATV Network/RealtyAway users which may be offensive, indecent or objectionable. While RATV Network/REALTYAWAY has established rules keeping children under the age of 14 from becoming a member of RATV Network/RealtyAway, it is easy for children to lie about their age and thus gain access to Content which may be inappropriate and unintended for them. It is up to parents to properly supervise their children’s on-line activities. Certain parental control protections are commercially available which can assist parents in supervising their children’s on-line activities such as computer hardware, software, and filtering services which can be used to block a child’s access to on-line services such as RealtyAway. You can find tools that will assist you in supervising your children’s on-line activities by clicking here.
RATV Network/REALTYAWAY has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on RATV Network/RealtyAway. RATV Network/REALTYAWAY has adopted a policy that provides for the immediate suspension and/or termination of any RATV Network/RealtyAway user who is found to have infringed on the rights of RATV Network/REALTYAWAY, or of a third party, or otherwise violated any intellectual property laws or regulations. RATV Network/REALTYAWAY’s policy is to investigate any allegations brought to its attention. If you have any evidence, know, or have a good-faith belief that your rights have been violated and you want RATV Network/REALTYAWAY to delete, edit, or disable the material in question, you must provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material such as the URL or other specific location; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to RATV Network/REALTYAWAY’s designated Agent for Notice of Claimed Infringement. RATV Network/REALTYAWAY’s agent designated to receive notice of claims of copyright or other intellectual prop