Terms of Service - Real
This is the agreement between you and Real Corporation Limited (hereinafter referred to as "Real", "Real App", "we", or "our") , the owner and operator of www.Real.co, Real software, related data, related data, including all content provided by Real and / or related services (collectively, the "Services").
By downloading, installing and using Real or the Services, you acknowledge and agree to be bound by this Terms of Services, as updated from time to time (Terms of Service). If you choose to not agree with any of these Terms of Service, you may not download, install or use the Services. Real and the Services can only be downloaded, installed and used in accordance with these Terms of Service.
Acceptance of Use
You are responsible for your use of Real and the Services, for any content you post to the Services, and for any consequences thereof. The content you submit, post, or display will be able to be viewed by other users of Real or the Services and through third party services and websites. You should only provide content that you are comfortable sharing with others under these Terms.
These Terms of Service apply to all users of the Real Services. Information provided by our users through the Real Services may contain links to third party websites that are not owned or controlled by Real. Real has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Real will not and cannot censor or edit the content of any third-party site. By using Real or the Services, you expressly acknowledge and agree that Real shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
Real Agent: A member who creates a story via the Real or the Services.
Story: A space that is listed by a Real Agent as available for contacting and inquiring via Real or the Services.
Member: A person who completes Real registration process as described under "Account Registration" section below.
Follower: A member who clicks "Follow" button at Member's profile page via Real or the Services.
Collective Content: Member content and Real Content
In order to access certain features of Real, including, but not limited to, make conversation or create a Story at Real, you must register and become a Real member (Member) by submitting an valid email address or logging into your account with certain third-party social networking sites ("SNS"), including, but not limited to, Facebook, Twitter, Linkedin and Google, each such account, a "Third-Party Account", via Real, as described below. As part of the functionality of Real and the Services, you may link your Real Account with Third-Party Accounts, by either: (1) providing your Third-Party Accounts login information to Real through Real or the Services, or (2) allowing Real to access your Third Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to Real and / or grant Real access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Real to pay any fees or making Real subject to any usage limitations imposed by such third-party service providers.
By granting Real access to any Third-Party Accounts, you understand that Real will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the app, Services and Application via your Real Account and Real Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Real Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or Real’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Real and the Service.
Please note that your relationship with the Third-Party Service providers associated with your Third-Party Account is governed solely by your agreement with such Third-Party Service providers. Real makes no effort to review any SNS Content for any purpose, including but not limited for accuracy, legality or non-infringement and Real is not responsible for any SNS Content.
Security and Safety
Subject to the restrictions set forth in the following paragraphs, you may copy information from Real or the Services only as necessary for your personal use to view, save, share and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.
You may use Real only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You agree not to use Real or the Services in any way that is unlawful, or harmful to Real, its service providers, suppliers or any other.
Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on Real or the Services, unless you have received express written permission from Real.
Real and the Services may include filling out a contact request or conversation or other request, form Real or the Services, you authorize Real to provide your name and contact information and other identifying information you provide to the Real Agent you choose or follow(as defined below).
Real Members provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1.You will not provide any false personal information on Real, or create an account for anyone other than yourself without permission.
2.You will not create more than one personal account.
3.If we disable your account, you will not create another one without our permission.
4.You will not use your personal profile primarily for your own commercial gain, and will use a Real Profile for such purposes.
5.You will not use Real if you are under 13.
6.You will keep your contact information accurate and up-to-date.
7.You will not share your account (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account or Real.
8.You will not transfer your account (including any Collective Content you administer) to anyone without first getting our written permission.
9.If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name)
10.Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
11.Override any security feature of the Services;
12.Interfere with the operation of, or place an unreasonable load on, the Services (e.g. spam, denial of service attack, viruses, gaming algorithms)
Profile and Story
As a Real Member, if you are a licensed estate agent, you may upgrade your Member status to Real Agent and you may create a Profile and a Story on Real. Profile is based upon your personal information you provided to us or that we obtain via an SNS as described above. You may not have more than one (1) active Real account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Real reserves the right to suspend or terminate your Real account and / or your access to Real or the Services if you create more than one (1) Real account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
To create a Story, you will be asked a variety of questions about the space to be listed, including, but not limited to, location, capacity, size, features, pricing and related rules and financial terms. In order to be featured as a Story via Real or the Services, all Story must have valid physical addresses. Story will be made publicly available via Real or the Services. Other Members will be able to view your Story and make conversation with you via Real or the Services. In order to provide the best quality of Story to users, each Real Agent is only allowed to post one (1) active Story per Real account each time, if you as a Real Agent would like to post another Story, Real will delete the original Story and replace it with the new Story. You acknowledge and agree that you may not request Real and the Services to restore the deleted information once you have confirmed the deletion of the original Story by replacing by the new Story.
Real does not endorse any Member, including, but not limited to, Real Agent , or any Story. All Members are required by these Terms to provide accurate information, and although Real or the Services may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By using the Real or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Real or the Services with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Story made by you.
If you choose to use the Real or the Services, you acknowledge and agree that Real and the Services are provided "AS IS", without warranty of any kind, either express or implied. And the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Real and the Services make no warranty that Real, the Services and the collective content, including, but not limited to, Stories, be available on an uninterrupted, secure, or error-free basis. Real and the Services make no warranty regarding the quality, the accuracy, timeliness, truthfulness of the Services, Stories or collective content .
Limitation of Liabilities
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of Real and the Services whether in person or online remains with you.
In no circumstances shall Real or any other party involved in creating, producing or delivering the Real, be liable for any incidental, special, indirect or consequential damages, arising out or relating to this Terms of Service and your use of Real and the Services, or from the use of or inability to use Real, the Services or collective content in connection with any interaction with any other Real users or Members, including, but not limited to, Real Agent, interactions or meetings with other users of Real or the Services, or other persons with whom you communicate or interact as a result of your use of the Real or the Services, whether based on warranty, contract, tort (including negligence), produce liability or any other legal theory, and whether or not Real has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Real Agent participating on the Services, are solely responsible for their information provided and services to Members. Real shall not be liable for any damages or costs of any type arising out of or in any way connected with any Members' use of the Services. Real is not responsible for any errors or delays caused by Members or any Real Agent in the negotiation process. Real reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Real Estate Agent or other user from Real. When an individual Member applies for Real Agent, Real uses commercially reasonable efforts to confirm the information provided by Real Agent (in the states claimed in Profile). However, Members should confirm information or credentials if they choose to contact the Real Agent.
Real and its related entities, directors, officers, employees and agents disclaim all liability and responsibility for any direct or indirect loss or damages which may be suffered by any recipient through relying on anything contained in or omitted from Real or the Services.
Real is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile phones as a result of the installation or use of the Real.
In no event shall Real and the Services be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) unauthorized access to or use of our secured servers and/ or any and all personal information and/ or financial information stored therein, (2) interruption or cessation of transmission to or from our servers, and/ or (3) bugs, viruses, Trojan Horses, or the like, which may be transmitted to or through Real or the Services by any third party.
Real and the Services explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
In some jurisdictions do not allow the limitation of incidental or consequential damages so this limitation may not apply to you. In no event shall Real's total liability to you for all damages exceed the amount of Fifty US Dollars (USD $50.00). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Real and you.
In order to use the Real, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
The Software Requirements are as follows: Apple iOS devices running iOS or iOS, and Android OS devices running Android OS 4.3 up.
The version of the Real software may be upgraded from time to time to add support for new functions and services.
Third party links and adverting
Real and the Services may include advertisements, hyperlinks and pointers to websites or Applications operated by third parties. Links to third party websites or Applications include, without limitation, links to Real of some of our Real Members and Real Agents. Those third party websites or hyperlinks do not form part of Real, the Services or our content and are not under the control of or the responsibility of Real.
When you link those websites or Applications you leave on Real and do so entirely at your own risk. Real and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party website, and Real and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by Real.
You agree to release, defend, indemnify, and hold Real and the Services and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, the Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your interaction with any Member, creation of a Story, the use, condition of the space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the use of space.
Real is an application available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Subject to your compliance with these Terms of Service, Real grants you a limited non-exclusive, non-transferable license to download and install a copy of Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store sourced Application, you will only use the App Store Sourced Application (1) on an Apple-branded product that runs the iOS (Apple's Proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service. Real reserves all rights in the Application not expressly granted to you by these Terms.
Real will use reasonable efforts to make the application and the Services available at all times. However you acknowledge the application is provided over the internet and mobile networks and so the quality and availability of the application and the Services may be affected by factors outside for reasonable control.
Real and its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable . Real and the Services will not be responsible for any support or maintenance for the Application.
Conversations between Members
Real provides a conversation platform for Members to communicate with each other, and you shall be solely responsible for your own submissions of the content and the consequences of posting or publishing them, including, but not limited to, a Story or Profile. Real and the Services is only acting as a repository of data, user submitted content or conversation do not necessarily represent the views or opinions of Real, and Real makes no guarantees as to the validity, accuracy or legal status of any status. In connection with content submission, you affirm, represent , and /or warrant that
-(i) you own or have the necessary license, rights, consents, and permissions to use and authorize Real to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any all content submission to enable inclusion and use of the content in the manner contemplated by Real and these Terms of Service.
-(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the content submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the content submission in the manner contemplated by the Services and these Terms of Service.
-(iii) By submitting the content to Real, you hereby grant Real a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content submission in connection with Real Service and its successor's business, including, but not limited to, promoting and redistributing part or all of the Real service, in any media formats and through any media channels. You also hereby grant each subscriber to your content submitted a non-exclusive license to access your content submission. The foregoing license granted by you terminates once you remove or delete a content submission from the Real and the Services.
-(iv) In connection with content submission, you further agree that you will not (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Real of all the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage Real, the Services or any third party; (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (4) post advertisements or solicitations of business, (5) impersonate another person, (6) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (6) interfere with or disrupt the integrity or performance of the Services or the data contained herein; or (7) attempt to gain unauthorized access to the Services or its related systems or networks.
Real and the Services allow Real users and members to submit status text, profile photos and other communications submitted by you, as well as the automatic submission of your conversation status. These conversation status may be hosted, shared and / published as part of the Real, or maybe visible to other users of the Services who have your mobile phone number in their mobile phone and which you have not expressly blocked. You acknowledge and agree that any content submission maybe globally viewed by Real Members, so do not submit or post status message or profile photos that you do not want to be seen globally.
Real reserves the right , at its sole discretion, at any time to modify these Terms of Service and to impose new or additional terms or conditions on your use of the Real and the Services, at any time and without prior notice. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Terms of Service. Your continued use of Real or the Services will be deemed acceptance thereof .If the modified Terms are not acceptable to you, your only recourse is to cease using Real and the Services.
If you feel any Member is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behavior or disturbing conduct, you should immediately report such Member to Real. You acknowledge and agree that such report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Suspension, Termination and Account Cancellation
Real and the Services may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Real account. If we exercise our discretion under these Terms of Service to do, any or all of the following may occur with or without prior notice or explanation to you: (a) your Real Account will be deactivated or suspended and you will not be able to access the Real, the Services and collective content, (b) any communication between you and members may be terminated, (c) we may communicate to members that your account has been suspended or cancelled. You may cancel your account by sending an email to team@Real.co. Please note that if your Real Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Real and the Services, including, but not limited to, any story, pictures and conversation between you and Real Member.
Termination of the Services
Real may terminate use of the Real or the Services at any time by giving notice of termination to you.
Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of Real and / or the Services.
Proprietary rights and license
All trademarks, copyright, database rights and other intellectual property rights of any nature in Real and the Services together with the underlying software code are owned either directly by Real or by Real licensors.
The design of Real along with Real created text, scripts, graphics, interactive features and the like, the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Real, subject to copyright and other intellectual property rights under Hong Kong Special Administrative Region (HKSAR) and foreign laws and international conventions. Real and the Services are provided to you AS IS for your information and personal use only. Real reserves all rights not expressly granted in and to Real and the Services. You agree not to engage in the use, copying, or distribution of any of the service other than expressly permitted herein, including any use, or distribution of status submissions of third parties obtained through the service for any commercial purposes.
Mobile and Other Devices
We currently provide our Services for free, but please be aware that your carrier's normal rate and fees, such as text messaging and data charges, will still apply.
You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Real.
Please refer to Real Privacy at Setting / About for information and notices concerning Real and the use of your personal information.
The failure of Real to enforce any right or provision of these Terms of Service and Privacy will not constitute a waiver of future enforcement of that right or provision, The waiver on any such right or provision will be effective only if in writing and signed by a duly authorized representative of Real. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If you have any question about these Terms of Service, please contact Real at firstname.lastname@example.org
Last modified and effective as of 29 April, 2016