RealWayMedia.com Terms of Service

Welcome to RealWayMedia.com, a website of RealWay Media, Inc. (“RealWay Media” or “us”).

RealWay Media is dedicated to helping people learn a foreign language through “real” media, such as music movies and television.

By using RealWayMedia.com, you are agreeing to be bound by this terms of service agreement (“Agreement”). We may revise and update this Agreement from time to time; the most recent version of the Agreement is available at realwaymedia.com/terms. If we make material changes to this Agreement, we will post a notification at RealWayMedia.com. You may also receive a copy of the most recent Agreement by emailing us at customersupport@realwaymedia.com, Subject: RealWayMedia.com Terms of Service.

Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:  You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial  distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.        

8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

10. Registration.
Certain sections of, or offerings from, the Site may require you to register.  If registration is requested, you agree to provide us with accurate, complete registration information.  Your registration must be done using your real name and accurate information.  Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.  You are responsible for preventing such unauthorized use.

11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

12. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site.  We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

INTELLECTUAL PROPERTY

Copyright on the RealWayMedia.com Website
RealWay Media or our licensors own all right, title and interest in and to the RealWayMedia.com website, including all copyrights, trademarks, and other intellectual property rights (“RealWay Content”). You agree that you will not use the RealWay Content in any way whatsoever except as provided by this Agreement. You agree not to copy, modify, distribute, or create derivative works based on the RealWay Content, and you agree not to exploit the RealWay Content in any unauthorized way whatsoever.

Trademark
REALWAY MEDIA, and the RealWay Media logo are trademarks or registered trademarks of RealWay Media in the United States and/or other countries. Other trademarks, service marks, graphics and logos used in connection with RealWayMedia.com may be the trademarks of their respective owners.

PRIVACY POLICY
Your use of RealWayMedia.com is subject to our Privacy Policy. Please review the Privacy Policy at http://www.realwaymedia.com/privacy.html.

LIMITATION OF LIABILITY
In no case shall REALWAY MEDIA, its officers, DIRECTORS, managers, employees, affiliates, agents, contractors or licensors be liable for any LOST PROFItS OR ANY direct, indirect, incidental, punitive, special or consequential damages arising from your use of REALWAYMEDIA.COM, or for any other claim related to your use of REALWAYMEDIA.COM including, but not limited to any loss or damage of any kind incurred as a result of the use of or reliance upon any INFORMATION MADE AVAILABLE VIA REALWAYMEDIA.COM, even if advised of their possibility.

Except as otherwise provided herein, under no circumstances will RealWay Media be liable for any loss or damage, including personal injury or death, resulting from your use of or reliance on RealWayMedia.com or from the conduct of any third parties, whether online or offline.

DISCLAIMERS
REALWAY MEDIA PROVIDES REALWAYMEDIA.COM “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. YOUR USE OF REALWAYMEDIA.COM IS AT YOUR SOLE RISK. Because some states do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless RealWay Media and its subsidiaries, affiliates, officers, directors, agents, employees, partners and licensors from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of RealWayMedia.com, (ii) your violation of this Agreement, or (iii) your violation of any rights of another.

GOVERNING LAW
The laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions, govern this Agreement and your use of RealWayMedia.com. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts for any claim or dispute with RealWay Media or in any way relating to or arising from your use of RealWayMedia.com.

GENERAL CONDITIONS
The failure of RealWay Media to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and us and govern your use of RealWayMedia.com, superseding any prior agreements between you and us (including, but not limited to, any prior versions of this Agreement).

We reserve the right at any time to modify or discontinue, temporarily or permanently, RealWayMedia.com (or any part thereof) with or without notice, and without liability to you or to any third party.

No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement.

CONTACT US
If you have any questions about this Agreement, or any RealWay Media products or services, please contact us at customersupport@realwaymedia.com. Alternatively, we may be reached at our postal address:

RealWay Media, Inc.
8 Faneuil Hall Marketplace
3rd Floor
Boston, MA  02109