The Legal Stuff…
ReallyUs LLC Services Agreement
Published: April 16, 2022, Last Updated: April 16, 2022
These terms (“Terms”) cover the use of the ReallyUs LLC websites and services (the “Services”). You accept these Terms by creating a ReallyMe account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.
2. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your Content available on the Services without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. ReallyUs cannot be held responsible for Your Content or the material others upload, store or share using the Services.
3. Our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve ReallyUs products and services, you grant to ReallyUs a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service.
Use of our Services
4. Code of Conduct. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
i. Don’t do anything illegal.
ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
iii. Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
v. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
vi. Don’t circumvent any restrictions on access to, security around or availability of the Services.
vii. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material).
ix. Don’t engage in activity that violates the privacy of others.
x. Don’t help others break these rules.
5. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your ReallyUs account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, ReallyUs reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
6. ReallyUs account. You’ll need a ReallyUs account to access many of the Services. Your ReallyUs account lets you sign in to products, websites and services provided by ReallyUs either via our websites or your devices and apps (for example to receive our emails).
i. Creating an Account. You can create a ReallyUs account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your ReallyUs account. ReallyUs provides a community of trusted online identities and as such reserves the right to seek information (such as a copy of your government issued ID) to validate that your ReallyUs account matches your actual name. We reserve the right to close any account and cease to provide the Services if you are not willing to provide such proof of identity. If you create a ReallyUs account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your ReallyUs account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your ReallyUs account.
ii. Account Use. If we reasonably suspect that your ReallyUs account is at risk of being, or is being used by a third party fraudulently (for example, as a result of an account compromise), ReallyUs may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your ReallyUs account, please email us at email@example.com.
iii. Kids and Accounts. By creating a ReallyUs account or using the Services, you accept and agree to be bound by these Terms and represent that you have either reached the age of “majority” where you live or your parent or legal guardian agrees to be bound by these Terms on your behalf. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the ReallyUs account or Services, including purchases, whether the minor’s account is now open or created later.
iv. Closing Your Account.
a. You can cancel specific Services or close your ReallyUs account at any time and for any reason. To close your ReallyUs account or cancel your subscription, please visit sign in at Billing – ReallyMe. When you ask us to close your ReallyUs account, we will suspend it for 30 days just in case you change your mind. After that 30-day period, your ReallyUs account will be closed. Logging back in during the suspension period will reactivate your ReallyUs account.
b. If your ReallyUs account is closed (whether by you or us), a few things happen. First, your right to use the ReallyUs account to access the Services stops immediately. Second, we’ll permanently delete Data or Your Content associated with your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as ReallyUs won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired.
v. Service Notifications. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications via email or if the Services are not working via our website at www.reallyme.me.
vi. Support. Customer support for our Services are available at https://www.reallyme.me/support.
7. a. The Services or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device.
b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and ReallyUs is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using third-party apps and services.
Updates to the Services or Software, and Changes to These Terms.
8. a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your ReallyUs account and, if you are a parent or guardian, help your minor child close his or her ReallyUs account.
b. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to third-party apps and services altogether. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
8. Any software provided by us to you as part of the Services is subject to these Terms.
a. If you comply with these Terms, we grant you the right to se one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by ReallyUs. Notices, if any, for the third-party code are included for your information only.
b. The software is licensed, not sold, and ReallyUs reserves all rights to the software not expressly granted by ReallyUs, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
i. circumvent or bypass any technological protection measures in or relating to the software or Services;
ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
iii. separate components of the software or Services for use on different devices;
iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless ReallyUs expressly authorizes you to do so;
v. transfer the software, any software licenses, or any rights to access or use the Services;
vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
9. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges that may be applicable. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and Your Content.
b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method here https://www.reallyme.me/my-account/. Additionally, you agree to permit ReallyUs to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your backup email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
c. Billing. By providing ReallyUs with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize ReallyUs to charge you for the Services or available content using your payment method; and (iii) authorize ReallyUs to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly), you agree that you are authorizing recurring payments, and payments will be made to ReallyUs by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by ReallyUs. You must cancel your Services before the next billing date to stop being charged to continue your Services. By authorizing recurring payments, you are authorizing ReallyUs to store your payment instrument and process such payments as charges to your designated account (“Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, ReallyUs or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
e. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that ReallyUs has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
f. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
g. Promotional Offers. From time to time, ReallyUs may offer Services for a trial period during which ReallyUs will not charge you for the Services. ReallyUs reserves the right to charge you for such Services (at the normal rate) if ReallyUs determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
h. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
9. Choice of Law and Place to Resolve Disputes.If you live in the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
10. Warranties. REALLYUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. REALLYUS DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
11. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover from ReallyUs direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
12. Binding Arbitration and Class Action Waiver If You Live In the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
13. Miscellaneous. This section, and sections 1, 8 (for amounts incurred before the end of these Terms), 9, 10, 11 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and ReallyUs for your use of the Services. It supersedes any prior agreements between you and ReallyUs regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won’t change.
14. Reservation of Rights and Feedback. Except as expressly provided under these Terms, ReallyUs does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by ReallyUs or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to ReallyUs any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback“), you give to ReallyUs, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose.