General Terms of Use
These terms govern your use of our Real Momentum website (“Website”) or related services (collectively, “Services”) and any software that we include as part of the Services, including any Website, Content Files (defined below), scripts, instruction sets, and any related documentation (collectively “Software”). By using the Services or Software, you agree to these terms of use. If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement controls where it conflicts with these terms. As discussed more in Section 3 below, you retain all rights and ownership you have in your information that you provide and make available through the Services.
1. How this Agreement Works.
1.1 Choice of Law. Your relationship is with Real Momentum LLC, a Nevada limited liability company (“Real Momentum”, “Us” or “We”), and the Services and Software are governed by the laws of California, U.S.A. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited by law.
1.2 Eligibility. You may only use the Services if you are (a) over 18 years old and (b) have the capacity to and are allowed by law to enter into a binding contract.
1.3 Privacy. The Privacy Policy at www.RealMomentum.com/privacy governs any non-public information that you provide to us. By using the Services or Software you agree to the terms of the Privacy Policy.
1.4 Real Momentum Website Usage Data. You have the option to share information with Real Momentum about how you use our Website and Services. This option is turned on by default. This shared information is associated with your Real Momentum account and allows us to provide you with a more personalized experience and helps us improve quality and features. You can change your preference any time on your Real Momentum Account Management page. To learn more about Real Momentum website usage data, please review the informative information on our Website.
1.5 Availability. Pages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country, or that user-generated information available via the Services is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages and countries.
1.6 Additional Terms. Some Services, Website, and Software are also subject to the additional terms below (the “Additional Terms”). Any content that we provide to you (such as Software, samples, combinations of our content and your information, etc.) are licensed to you for the limited purpose of use in connection with our Services, Website, and Software, and are not sold to you, and are subject to the Additional Terms. New Additional Terms may be added from time to time with or without express notice to you.
1.7 Order of Precedence. If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Application, Service, and Software.
1.8 Modification. We may modify, update, or discontinue the Website, Services, and Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download and retain your information. If we discontinue a Service or Software in its entirety, then we will provide you with a pro rata refund for any unused license fees that you may have prepaid.
2. Use of Service.
2.1 License. Subject to your compliance with these terms and the law, you may access and use the Website, Services and Software. The License granted is a limited non-exclusive, non-transferrable, revocable license to use the Website, Services and Software for non-commercial purposes.
2.2 Intellectual Property. We remain the sole owner of all right, title, and interest in and to the Website, Services and Software. We reserve all rights not expressly granted herein.
2.3 Storage. When the Website, Services and Software provide storage, we recommend that you back up your information regularly. We may create reasonable technical limits on your information, such as limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Website, Services, and Software with and without notice until you are within the storage space limit associated with your account.
2.4 User-Generated Information and Content. We may host user-generated information and content from our users. If you access our Website, Services and Software, you may come across information and content that you find offensive and upsetting. Your sole remedy is to simply stop viewing the content. If available, you may also click on the “Report” button to report the content to us, and we may or may not review the content and may or may not take action.
2.5 Content Files. “Content Files” means Real Momentum-provided sample files such as stock images or sounds. Unless the documentation or a specific license associated with the Content Files state otherwise, you may use, display, modify, reproduce, and distribute any of the Content Files only for use with our Website, Services, and Software. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you must not claim any copyright, trademark, trade dress, and trade secret rights in the Content Files or derivative works of the Content Files.
2.6 Other License Types.
(a) Trial Version. We may designate the content and Website, Services, and Software as “trial” or “evaluation”, or other similar designation (“Trial Version”). You may install and use the Trial Version only during the period and only for the purposes that we have stated when we provide the Trial Version. You must not use any materials you produce with the Trial Version for anything other than non-commercial purposes.
(b) Pre-release Version. We may designate the Website, Services and Software as a pre-release or beta version (“Pre-release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version, and we may unilaterally prevent your use and may destroy all copies with or without notice. Any separate agreement we enter into with you governing the Pre-release Version will supersede the provisions on Pre-Release Version set out in this section.
3. Your Information and Content.
3.1 Ownership. You retain all rights and ownership of your information and content. We do not claim any ownership rights to your information and content.
3.2 Licenses to Your Information and Content in Order to Operate the Website, Services and Software. We require certain licenses from you to your content to operate and enable the Website, Services and Software. When you upload your information and content to the Website, Service, and Software, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, create derivative works, and translate the content as needed in response to user driven actions (such as when you choose to store privately or share your content with others). This license is only for the purpose of operating or improving the Website, Services and Software.
3.3 Our Access. We will only access, view, or listen to your information and content in limited ways. For example, in order to perform the Services and employ the Website and Software, we may access, copy, modify, view, and listen to your information and content to (a) respond to support requests; (b) detect, prevent, and address fraud, security, unlawful, and technical issues; and (c) enforce these terms. Our automated systems may analyze your information and content using any desired techniques, including for example machine learning, data analytics, heuristics, and other capabilities. This analysis might occur at any time and at all times as the information and content are sent, received, and when it is stored. From this analysis, we are able to improve the Website, Services and Software.
3.4 Sharing Your Information and Content.
(a) Sharing. Some Website, Services and Software may provide features that allow you to Share your content with other users or to make it public. “Share” means to email, post, transmit, upload, and otherwise make available (whether to us or other users) through your use of the Website, Services and Software. Other users may use, copy, modify, or re-share your content in many ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the content that you Share and consequences related thereto.
(b) Level of Access. We do not monitor or control what others do with your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. If you do not choose the access level to apply to your content, the system may default to its most permissive setting. It’s your responsibility to let other users know how your content may be shared and adjust the setting related to accessing or sharing of your content.
(c) Comments. The Services may allow you to comment on content. Comments are not anonymous and may be viewed by other users. Your comments may be deleted by you, other users, and us.
3.5 Termination of License. You may revoke this license to your content and terminate our rights at any time by removing your content from the Website, Services, and Software. However, some copies of your content may be retained as part of our routine back-up, and we are not under any obligation to remove and destroy such copies.
3.6 Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, make derivatives of, and publicly perform the Feedback.
3.7 Selling Your Content. We may allow you to license your content to other users through our Website, Services and Software. If available, you may choose to license your content through us under a separate agreement and directly to other users under an agreement between you and the other users.
4. Account Information.
You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Website, Services and Software.
5. User Conduct.
5.1 Responsible Use. Real Momentum and its communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Website, Services, and Software responsibly with these expectations in mind.
5.2 Misuse. You must not misuse the Website, Services, and Software or content that we provide to you as part of the Website, Services, and Software. For example, you must not:
(a) copy, modify, host, stream, sublicense, and resell the Website, Services, and Software, or content;
(b) enable or allow others to use the Website, Services, and Software, or content using your account information;
(c) use the content and Software included on the Website, Services and Software to construct any kind of database derived therefrom;
(d) access or attempt to access, modify, disrupt, overload, and consume the entire available bandwidth of the Website, Services and Software by any means, and must only utilize the interface we provide and authorize;
(e) circumvent any access or use restrictions put into place to prevent certain uses of the Website, Services, and Software;
(f) share content or engage in behavior that defames others or that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);
(g) upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
(h) impersonate any person or entity, or falsely state or otherwise misrepresent yourself and your affiliation with a person or entity;
(i) attempt to disable, impair, disrupt, modify, or destroy the Website, Services, and Software, or hardware;
(j) disrupt, interfere with, or inhibit any other user from using the Website, Services, and Software (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
(k) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
(l) use any data mining or similar data gathering and extraction methods in connection with the Website, Services, and Software; or
(m) violate applicable law.
6. Fees and Payment.
6.1 Taxes and Third-Party Fees. You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). We are not responsible for these fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses, including attorneys’ fees and costs.
6.2 Credit Card Information. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
7. Your Warranty and Indemnification Obligations.
7.1 Warranty. By uploading your information and content to the Website, Services and Software, you agree that you have: (a) all necessary licenses and permissions, to use and Share your content and (b) the rights necessary to grant the licenses required herein.
7.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees and costs, arising out of or related to your information and content, your use of the Website, Services and Software, and your violation of these terms.
8. Disclaimers of Warranties.
8.1 Unless stated in the Additional Terms, the Website, Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Website, Services and Software. We further disclaim any warranty that (a) the Website, Services and Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Website, Services and Software will be effective, accurate, or reliable; (c) the quality of the Website, Services and Software will meet your expectations; or that (d) any errors or defects in the Website, Services and Software will be corrected.
8.2 We specifically disclaim any liability for any actions resulting from your use of any Website, Services and Software. You may use and access the Website, Services and Software at your own discretion and risk, and you are solely responsible for any damage to your computer system, information, and content, or loss of data that results from the use and access of any Website, Services and Software.
9. Limitation of Liability.
9.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Website, Services and Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
9.2 Our total liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to the Website, Services and Software during the three- month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
9.3 The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.
10. Termination.
10.1 Termination by You. You may stop using the Website, Services and Software at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
10.2 Termination by Us. If we terminate your limited license, use, and account under the terms herein for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your information and content. Unless stated in Additional Terms, we may, at any time with or without notice, terminate your right to use and access the Website, Services and Software if:
(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(b) you fail to make the timely payment of fees for the Website, Services and Software, if any;
(c) we are required to do so by law (for example, where the provision of the Website, Services and Software to you is, or becomes, unlawful);
(d) we elect to discontinue the Website, Services and Software, in whole or in part, (such as if it becomes impractical for us to continue offering Website, Services and Software in your region due to change of law); or
(e) there has been an extended period of inactivity in your free account.
10.3 Survival. Upon expiration or termination of your use and the license afforded under these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the limited license, and your use of the Website, Services and Software, some or all of the Website, Services and Software may cease to operate without prior notice.
11. Investigations.
11.1 Screening. We do not review all content uploaded to the Website, Services and Software, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate misuse, spam, or phishing, or keywords that indicate adult content has been posted outside of the adult wall).
11.2 Disclosure. We may access or disclose information about you, or your use of the Website, Services and Software, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to prevent what may appear to be unlawful content and conduct, protect the rights, property, or personal safety of us, our users, or the public.
12. Export Control Laws.
The Website, Services and Software, information, content, and your use thereof, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Website, Services and Software, information, and content. You have the sole and exclusive duty and agree to comply with all the laws, restrictions, and regulations.
13. Dispute Resolution.
(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Real Momentum arising out of, relating in any way to, or in connection with the Terms of Use, the Site or your use of the Site, or any products or services offered or distributed through the Site (“Disputes”) shall be resolved exclusively by final, binding arbitration. By virtue of this Dispute Agreement (defined below), you and Real Momentum are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 13(a) or Section 13(d)). The provisions of this Section 13 shall constitute your and Real Momentum’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). Any modification to this Agreement shall be in writing and signed by you and Real Momentum. The arbitration will be administered by the American Arbitration Association (“AAA”) in Orange County, California and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section 13(e) and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: Real Momentum, 304 S. Jones Blvd #407, Las Vegas, NV 89107, Attention: Legal Department Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Real Momentum will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you agree that any such Dispute may only be instituted in a state or federal court in Orange County, California; (ii) you and Real Momentum irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and Real Momentum agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of California, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and Real Momentum agree to waive any right to a trial by jury.
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 7 (“Your Conduct”) of the Terms of Use.
(e) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
(f) Severability. With the exception of Section 13(b) above, if any part of this Section 13 is ruled to be unenforceable, then the balance of this Section 13 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 13(b) above is ruled to be unenforceable, then Section 13(a) shall be deemed unenforceable, but the rest of Section 13 shall remain in full effect.
14. Compliance with Licenses.
If you are an individual, business, company, or organization, then we may, no more than once every 12 months, upon seven calendar 7 days’ prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Website, Services and Software is in conformity with the limited licenses from us as described herein.
15. Modification.
We may modify these terms or any additional terms that apply to the Website, Services and Software to, for example, reflect changes to the law or changes to our Website, Services and Software. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Website, Services and Software. By continuing to use or access the Website, Services and Software after the revisions come into effect, you agree to be bound by the revised terms.
16. Miscellaneous.
16.1 English Version. The English version of these terms will be the version used when interpreting or construing these terms.
16.2 Notice to Real Momentum. You may send the notices to us to at the following address: Real Momentum LLC, 304 S. Jones Blvd #407, Las Vegas, NV 89107, Attention: Legal Department.
16.3 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.
16.4 Entire Agreement. These terms constitute the entire agreement between you and us regarding your use of the Website, Services and Software and supersede any prior agreements between you and us relating to the Website, Services and Software.
16.5 Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our prior written consent and any such attempt is void. We may transfer our rights under these terms to a third party.
16.6 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
16.7 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.
17. DMCA.
Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures
Infringement Reporting Procedures. If you own copyright, trademark, patent or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on the Site and/or Website infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to Real Momentum's attention, you can report your concern(s) by submitting your complaint to us.
DMCA Procedures. Real Momentum reserves the right to terminate your or any third-party’s right to use the Site and Website if such use infringes the copyrights of another. Real Momentum may, under appropriate circumstances and at its sole discretion, terminate your or any third-party’s right to access to the Site and Website, if Real Momentum determines that you or a third-party are an infringer. If you believe that any material has been posted via the Site and Website by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Real Momentum's attention, you must provide Real Momentum's DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for Real Momentum’s DMCA Agent for notice of claims of copyright infringement is: Real Momentum LLC, Attn: DCMA Investigator, 304 S. Jones Blvd #407, Las Vegas, NV 89107.
