REALTY FEATURE L.L.C. TERMS OF USE

Acceptance of Terms

Thank you for choosing Realty Feature (“We”, “Us”, “Our”) services offered through our website at www.realtyfeature.com (“Site”) and Realty Feature App to create videos for real estate marketing (the “Services”). Our Terms and Conditions (“Terms” or “Agreement”) is meant to explain the guidelines and rules between Us and You. By using our Services you accept these Terms, which forms a binding agreement between you and Us. Please also read and understand Our Privacy Policy at https://realtyfeature.com/privacy-policy,  which is incorporated by reference into this Agreement and is available on Our Site. 

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND LEGAL DISCLAIMERS, YOU ARE NOT AUTHORIZED TO USE THIS SITE.

  1. Who May Use the Site

Age Requirement. You must be at least 18 years old to use the Our Site.

Agents/Employees. If you are using the Services on behalf of a business or an entity other than yourself, you confirm that you are authorized to agree to these Terms on behalf of the business or entity.

  1. Use of The Services

Site “As Is”. We provide the Site on an "as is" and "as available" basis. You therefore use the Site at your own risk. To the fullest extent permitted by law, We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. We have no obligation to screen or monitor any content and does not guarantee that any content made available on the Our Site complies with this Agreement or is suitable for all users. We shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device. Furthermore, We reserve the right to discontinue Services without cause and at any time without notification to you. We shall not be held liable by you for any discontinuation, modification, or suspension of services that results in the loss of your access or content.

Software License. For the use of our Services, We grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Services on any compatible device that you own or control. Furthermore, with respect to the App accessed through or downloaded from the Apple App Store or Google Play Store (“App Store”), you agree to comply with all applicable third party terms of the App Store when using the App. To the extent the terms of these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.

Copyright License. For the use of Our Services, We grant you a non-transferable, non-exclusive, revocable, limited license to use and access the animations and graphics on any compatible device that you own or control.

Restrictions on Use. You acknowledge that Our Site contains Content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer, sublicense, or otherwise make available the Service to any third party; (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network to circumvent geographic-based pricing or content access; (vii) use the Service to transmit harmful code/viruses, bully, harass, intimidate, defame, spam, or solicit any party; (viii) create videos that contain pornography, graphic violence, threats, hate speech, incitements to violence, exploits or harms minors in any way, violates or infringes any intellectual property rights, and/or disrupts Our Services in any way; (ix) bypass or restrict access to Our service; (x) remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. 

Assignment of Rights in Modifications/Derivatives. For any modifications and/or derivative works you create of Our software, graphics, and/or animations, you agree to assign all rights and interest in such works to Us without payment of compensation or royalties.

No Trademark License. Nothing contained on Our Site or these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or Site marks without our express prior written consent.

  1. Generated Content and Designs

Content Generation Ownership and License Grant. Our Services allow you to create, upload, export, and store videos on Our Site. As between you and Us, you own all right, title and interest in and to your content. You grant Us a royalty-free license to display, host, copy and use your user content to the extent necessary to provide the Service to you and for Our promotional purposes.

Your Representations, Warranties, Acknowledgement. You represent and warrant that you own all rights, title, and interest in and to your Content or that you have otherwise secured all necessary rights in your Content. You acknowledge you are responsible for the content you create, send, or store as part of our Services and that We take no responsibility whatsoever for any content created or shared through our Services.

Our Right to Monitor and Remove Content. We have the right, but not the obligation, to monitor all conduct on and content created via Our Service. We reserve the right to alter, edit, remove, or refuse to store any content, in whole or in part in Our sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes. We further reserve the right to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site and terminating or suspending the account of such violators. You agree that We may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of Our company or any other person.

Storage of Your Content. With the Free account, user-created videos will be deleted after 28 days from the creation of their account, unless the user upgrades to the Pro account. With Pro accounts, user-created videos will be stored for 14 days beyond cancellation or downgrade of the Pro account.

  1. Your Account 

Registration. To use Our Service, you must create a User Account. 

Username. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using Our Site. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at Support at RealtyFeature dot com.

Termination. Unless terminated pursuant to Section 5 or upon your request, your account will remain active.

  1. Term and Termination

Term. These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) the expiration or termination of your subscription; or ii) upon termination of your account for breach or your request.

Termination for Breach. If We, in Our sole discretion, determine that you or your use of the Service and/or your Content violate these Terms, We may take one or more of the following actions in Our sole discretion: (i) delete your Content; (ii) suspend your access to the Service; (iii) terminate your account; (iv) permanently block you from using the Service; and/or (v) disclose your Content to appropriate government authorities. After termination, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

  1. Disclaimers

Your Responsibility. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Our Site. 

Accuracy. We make every effort to display as accurately as possible the colors, graphics, and animations on Our Site but please understand the actual color may vary slightly from your monitor. Therefore, we cannot guarantee that your monitor’s display of any color or graphic will be accurate. You assume all risks and we do not accept responsibility in this regard.

  1. Limitation of Liability

General Limitation. To the fullest extent permitted by law: (i) in no event shall We, nor Our affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) We, and Our affiliates' total liability to you shall not exceed the amounts paid by you to Us over the one (1) month preceding your claim(s).

IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN PRODUCTS OR ACCESS THE SITE. 

Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

  1. Privacy

Privacy Policy. Your privacy rights are set forth in our Privacy Policy [https://realtyfeature.com/privacy-policy], which forms a part of this Agreement. Please review the Privacy Policy to learn what information we may collect about you, what we use that information for, and with whom we may share that information.

Consent to Email And Newsletters. When you subscribe to our email list on our Site, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Site, such as administrative notices and Site announcements or changes, or emails containing newsletters, promotions or special offers from us or third-party partners.

  1. Subscription Prices and Content Availability

Current prices for Services are described on the Site. We may change pricing at any time and in Our sole discretion. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. We reserve the right to change or discontinue any Service, graphic, animation, music, or audio at any time and without notice. We further reserve the right, in Our sole discretion, to cancel any order or limit Our Services, for any or no reason. 

  1. Indemnification

You agree to indemnify, defend, and hold harmless Us and Our affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the Our Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Our Site violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in connection therewith.

  1. Third Party Links and Content

Linked Sites. Certain links on the Our Site may let you leave the Our Site to access a linked site (the "Linked Sites"). When you are linking to a third-party site, it is important to know that We do not control these sites, nor have We reviewed or approved the content which appears on the linked sites. We are not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or Sites available on or through the linked sites.

Dealings with Third Parties. More specifically, your participation, correspondence or business dealings with any third party found on or through the Our Site (i.e., a linked site), regarding payment and delivery of specific goods, services, and Sites, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that We shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

  1. Copyright / DMCA Policy

We respect the intellectual property of others, and we ask our users to do the same. We will promptly remove materials from the Our Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. We will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact our Copyright Agent as follows:

Email: Support at RealtyFeature dot com

US Certified Mail:

Realty Feature L.L.C. Copyright Agent

PO Box 22

Dolores, Colorado 81323

USA

  1. General Provisions

Dispute Resolution, Arbitration and Governing Law. Except where prohibited, any dispute, claim, or controversy arising out of or relating to this Agreement, the Site, or the Site shall be submitted to mediation.  If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION.  Judgment upon the award rendered in arbitration shall be entered in any court having jurisdiction thereof.  The prevailing party shall be entitled to recover attorney fees and costs in connection with the action. You may not under any circumstances commence or maintain against Us or Our affiliates any class action, class arbitration, or other representative action or proceeding.

By using the Site or the Site in any manner, except where prohibited, you agree to the above mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Us or Our affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this arbitration agreement is for any reason held to be unenforceable, any litigation against Us may be commenced only in the federal or state courts located in Dove Creek, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.

This Agreement, and any dispute between you and Us, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.

Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.

Successors; Assignment; No Third-Party Beneficiaries. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Our prior written consent. No third party shall have any rights hereunder.

Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from Us electronically. We may provide all such communications by email or by posting them on Our Site. For support-related inquiries, you may send an email to Support at RealtyFeature dot com. or the following address:

PO Box 22

Dolores, Colorado 81323

Modification. This Agreement may not be modified except by a revised Terms and Conditions Service posted by Us on the Our Site or a written amendment signed by an authorized representative of Ours. A revised Terms and Conditions will be effective as of the date it is posted on the Our Site.

Entire Agreement. This Agreement incorporates the following documents by reference:

  1. PRIVACY POLICY [https://realtyfeature.com/privacy-policy]

END OF DOCUMENT.