User License Agreement

 

Any use of the Service and its separate parts means that you are acquainted and agree with the following agreement, and unconditionally accept all of its terms and policies, including any future changes (hereinafter referred to as the “Agreement”).

If you do not fully agree with the Agreement, you have no right to use the Service and its separate parts and you must leave the site immediately.

Main Terms and Definitions:

Administration — Persons, who act in the name and on behalf of the Copyright Holder and ensure operation of the Service.

Board — A virtual desktop created using the RealtimeBoard Service.

Service — Interactive multiuser online service RealtimeBoard, which is subject to intellectual property rights, including its components, both separately and in aggregate, all the Materials, images, sounds, programs, and web resources located on the Site. The Service is created on the basis of AlternativaPlatform computer programs (http://alternativaplatform.com).

The Service combines creative thinking and technological knowledge to give the User an opportunity to create his/her own virtual desktops (boards), publish them on the Internet and share them with friends and colleagues.

Materials (Content) — Different items subject to intellectual property rights in the form of texts, drawings, graphics, images, sounds, programs, commands, user interfaces, photos, trademarks, logos, computer codes, etc., which comprise the Service and/or are included in the Service by the Administration and other Copyright Holders with the approval of the Administration.

Paid Service — Fee-based granting of the exclusive right to use additional Service capabilities to the extent and on terms set forth by the Administration.

Paying Agent — The legal entity, which receives payments from the Users using various payment systems.

User License Agreement (or Agreement) — This license agreement on granting the exclusive right to use the Service along with all of its annexes, which are its integral parts, including but not limited to the Terms of Use and other rules and instructions specified by the Administration on the Site. This agreement replaces all previous agreements and arrangements between the Copyright Holder and Users in relation to the Service.

User — An individual person, who comes to the Site and is using the Service, its trial versions, materials and other services, including paid services, both before and after the completing the registration procedure for the Service.

Copyright Holder (or Licensor) — RealtimeBoard Inc., holder of exclusive rights to the Service.

Service Use — Permitted use of the Service: registration of Users for the Service, launching of the Service by Users, use of technical capabilities of the Service for free and for a fee, installation of the Service, and other actions needed for the operation of the Service in accordance with its purpose.

Site — The Service and all the web resources located at http://realtimeboard.com/ and its sub – domains.

Servicing — Granting of the exclusive right to the Service for free and for a fee, to the extent and on terms set forth by the Administration.

Parties — The User and the Copyright Holder (Licensor).

Other terms, definitions and word combinations used in the Agreement have meanings and are interpreted according to the established practice of using given terms, definitions and word combinations in the field of Internet technologies, and according to the current legislation of the Russian Federation.

1.

General Provisions

1.1.

The User warrants that he/she is vested with power to use the Service, that he/she is not subject to legal restrictions on the use of the Service and that he/she has obtained all the necessary permits in the form required by law.

1.2.

The User, who is a minor, warrants the presence of his/her parents’ or legal representatives’ permission to spend funds provided by his/her parents, legal representatives or third parties in order to purchase the Paid Services. The use of any payment method to pay for Paid Services confirms the above mentioned permission.

1.3.

This Agreement establishes relationships between the Administration and the User; it is deemed concluded from the moment of the beginning of the Service use. Completion of the registration procedure for the Service additionally confirms conclusion of the Agreement between the Administration and the User.

1.4.

This Agreement can be amended, modified, added, and replaced in any form and at any time at the discretion of the Copyright Holder without preliminary or subsequent notice to the User. Any amendments or additions shall enter into force 20 (twenty) days after the corresponding amendment or addition was made.

1.5.

The User must personally check the last version of the Agreement on a regular basis to be aware of the amendments and additions to it.

1.6.

All amendments and additions to the Agreement apply retroactively and extend to the Parties' previous relationships.

1.7.

Any further use of the Service means unconditional acceptance of the modified version of the Agreement.

1.8.

The right to use the Service is provided “AS IS”. The Copyright Holder provides no guarantees regarding error-free, secure, uninterrupted, and continuous operation of the Service, conformity of the Service with the requirements and expectations of the User, uninterrupted and continuous storage and/or transfer of the User Content, as well as correction of defects in functionality or operation of the Service. The Copyright Holder is not responsible for any direct or indirect damage caused by the use or impossibility to use the Service, and does not provide any other guarantees, which are not clearly specified in the Agreement.

1.9.

Any materials, information or data downloaded or received using the Service in any other way, are received and used by the User at his/her own risk, and the User is fully responsible for any damage to his computer infrastructure.

1.10.

The list and costs of paid services are defined solely by the Administration and can be changed any time. The Administration is not responsible for the actions of Paying Agents during the receipt and processing of payments, including but not limited to the quality and terms of receipt and processing of payments, as well as information given or not given by the Paying Agent.

1.11.

All payments made by the User are voluntary.

1.12.

The use of the Service by the Users is voluntary. The User is not obligated to provide to the Administration any personal information, with the exception of cases when the User needs to get access to functions of the Service, which require provision of such information.

The User agrees to the processing of the personal information by the Administration, reflection of the personal information on the User’s personal page and making of the personal information public from the moment of provision of such information, as well as distribution of the personal information to third parties. The purpose of processing of the personal information pursuant to this paragraph is appropriate and quality provision of Services to Users and performance of other actions under this Agreement. For purposes of this paragraph, ‘processing of personal information' refers to collection, organization, accumulation, storage, use and transfer of personal information to third parties, as well as destruction and other actions necessary to execute the Agreement.

1.13.

The Copyright Holder shall take necessary and sufficient organizational and technical measures to protect the User’s personal information from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, and other illegal actions of third parties.

1.14.

The Service may contain links to other independent third-party websites (third-party websites). These third-party websites are provided solely for the convenience of Users of the Service. These third-party websites are not controlled by the Copyright Holder and the Copyright Holder is not responsible and does not endorse the contents or processes of third-party websites, including any information and materials found on these sites. The User must use his/her own independent judgment regarding interaction with these third-party websites.

1.15.

This Agreement is a written Offer to conclude an agreement on the given terms. The Acceptance, i.e. consent to all conditions of the Offer, is deemed realized, when the User performs actual actions to install and use the Service, as well as completes the registration procedure for the Service.

1.16.

From the moment of Acceptance of this Offer, the User agrees to receive promotional materials distributed by the Administration/Copyright Holder using various means, which include without limitation telecommunication networks, telephone, facsimile, mobile, radio communications and other means. Provision of the e-mail address or the phone number to the Copyright Holder (Administration) by the User using the Service is deemed additional confirmation of the User's consent to receive promotional materials. After receiving the User's consent to receive promotional materials, the Administration has the right to send messages of advertising nature to the Users that comply with the relevant legislation (including, but not limited to e-mails, sms messages, etc.).

The User may cancel the subscription for promotional materials by sending an email to unsubscribe@realtimeboard.com

2.

Subject of the Agreement

2.1.

In accordance with the terms of this Agreement, the Copyright Holder provides Users with a limited, revocable, non-transferableright to freely use the Service, in accordance with its purpose and this Agreement under the non-exclusive license terms. The Copyright Holder does not grant Users any other rights, express or implied.

2.2.

The User may not transfer the exclusive right to use the Service to third parties.

2.3.

The Copyright Holder grants the User the right to use the Service for the duration of the exclusive right to the Service.

2.4.

In accordance with the Agreement, the Copyright Holder grants the right to use the Service throughout the entire world.

2.5.

Transfer of the exclusive right to the Service to a new Copyright Holder is not grounds for amendment or termination of this Agreement.

3.

Rights and Obligations of the User

3.1.

The User may use all the capabilities of the Service, perform all actions contemplated by the Service, participate in communication on sites by sending messages, send complaints and suggestions to improve the Service to the Administration and perform any other actions contemplated by the Service and/or approved by the Administration.

3.2.

The User must comply with the terms of this Agreement and provisions of the applicable law.

3.3.

The User must regularly check the current version of the Agreement and examine its terms.

3.4.

The User may not disclose and transfer the account information to third parties.

3.5.

The User must use the Service only under the terms of this Agreement. The User may not change, decompile, disassemble, decrypt or perform other actions using the source code of the Service with the goal of compromising the protection system to allow illegal use of the Service and obtain information about the algorithms used in the Service. The User may not create derivative software products using the Service without the Copyright Holder’s written consent.

3.6.

The User shall access the Service at his/her own expense, and pay for all costs associated with Internet access.

3.7.

In case of violation of paragraphs 1.1, 1.2, and 3.1-3.6 of the Agreement, the User must stop using the Service immediately.

4.

Rights and Obligations of the Administration

4.1.

The Administration has the right to take any actions that are not contrary to the international Law to restrict or block access of Users, who violate terms of this Agreement, to the Service at its sole discretion and without any explanations.

4.2.

The Administration has the right to remove or change any information, content, and materials on the Site of the Copyright Holder or other copyright holders, as well as other sites without warning to the User.

4.3.

The Administration has the right to close and/or limit functionality of the Service at any convenient for the Administration time, without prior or subsequent notice of the User.

4.4.

The Administration has the right to unilaterally change the quality of the provided Service, at any time and to any extent; moreover, if there is a sufficient reason, the Administration has the right to terminate the Service without prior and subsequent notice to the User.

4.5.

The Administration has the right to unilaterally stop User access to the Service and/or to block User access to the Service in the future, at any time and to any extent, without prior and subsequent notice to the User, if there is an established fact of violation of the Agreement or other provisions related to the use of the Service by the User. Accounts of Users, who violate copyrights of third parties, shall be terminated.

4.6.

The Administration has the right to collect information about the User. The Administration can track and store information about IP addresses using cookies located on the local terminal of the User or visitor of the Service. Any personal information reported to the Administration as a result of interaction between the Parties shall be submitted to the Administration for the sole purpose of execution of the Agreement and shall not be transferred to third parties except for the purpose of execution of the Agreement or in accordance with the law.

4.7.

Administration has the right to unilaterally withdraw from the Agreement and terminate the Service without prior notice.

4.8.

The Administration has the right to unilaterally withdraw from provision of the Service and return of any payments made by the User.

4.9.

The Administration is not responsible for any direct or indirect damage caused as a result of the use or inability to use the Service or information about the Service, as well as in connection with the actions of third parties, including other users of the Service.

4.10.

The Administration is not responsible for actions specified in paragraphs 4.1-4.9 of the Agreement.

4.11.

The Administration shall provide to the User free access to the Service provided that the User complies with this Agreement.

5.

Intellectual Property Rights

5.1.

Exclusive rights to use the Service belong to the Copyright Holder of the Service, while copyrights belong to creators of the Service.

5.2.

Exclusive rights to the Materials given by the Users (hereinafter referred to as the “User Content”) are automatically transferred to the Copyright Holder of the Service immediately after these Materials are posted on the Site in the form of the world-wide, non-exclusive, permanent, irrevocable, free and transferable license.

If the User Content is uploaded to public board, the Copyright Holder has the right to post, modify, adapt, distribute, transfer to third parties, create derivative works, reproduce, put on public display, make public and otherwise use the User Content in connection with the manufacture, sale, promotion, marketing and distribution of Service products or in order to provide the User with the Service and ensure Service promotion in any media and by any existing or future means.

By publishing content on a public board, User transfers the right to other Users in the form of personal, free, nonexclusive license for browsing, playback, public display and public distribution of User Content.

The copyright in any case belongs to the User, who created the material.

5.3.

The User warrants the following regarding the User Content which is uploaded, downloaded, transferred, published or distributed through the Service:

The User has all rights and licenses necessary to use, reproduce, publish, publicly display, distribute and otherwise use the Content;

The User warrants that the User Content will not violate the intellectual property rights of any third party;

The User has obtained consent and/or permission of each identifiable person shown in the User Content to upload, transfer, publish or/and distribute their name and/or images through the Service.

5.4.

In any case, the use of Items subject to intellectual property rights in the Service without the Copyright Holder’s consent is prohibited.

5.5.

Posting of Materials and site links in the Service by Users or third parties does not mean that the Copyright Holder has approved their posting. The Copyright Holder is not responsible for the content of these Materials and sites, as well as any direct or indirect damage caused by the use of these Materials and sites.

6.

Applicable Law

6.1.

The legal relationship of the parties related to the conclusion, execution and termination of this Agreement is regulated by the substantive and procedural law, applicable at the place of registration of the Copyright Holder.

6.2.

Invalidity of one or more conditions of the Agreement recognized by the court in accordance with the established procedure does not result in the invalidity of the Agreement as a whole.

7.

Responsibility of the Parties

7.1.

The User bears full personal financial responsibility for any Materials and information posted by him in the Service;

7.2.

The User must pay for all the damages caused to the Administration and third parties in connection with the violation of the Agreement;

7.3.

The Copyright Holder and the Administration do not bear any responsibility to the User or third parties for the actions of third parties, quality and speed access to the Internet, theft, destruction of the Users’ Materials and accounts, any damage or harm, including harm to the honor, dignity or business reputation, any loss of data, any costs of replacement goods and services, or other tangible and/or intangible losses regardless of the cause, complete or partial failure to fulfill obligations, if such complete or partial failure was caused by force majeure, i.e. extraordinary and unavoidable circumstances, the onset and continuation of which are confirmed by the competent authority.

7.4.

The Copyright Holder and Administration are not responsible for the User Content or for defamatory, offensive or illegal behavior of any third party, and the risk of injury or damage from the above mentioned actions rests entirely with the User.

8.

Other Conditions

8.1.

The Pretrial dispute resolution procedure is obligatory. The User's claim should be sent to 3651 Lindell Road Ste D1134, Las Vegas, NV 89103. It should include a specific list of violations of the Copyright Holder and/or the Administration, account login, contact information and the User’s signature. Failure to comply with the form or content of the claim leads to the failure to comply with the pretrial dispute resolution procedure. The claim review and response period is 30 (thirty) business days from its receipt.

8.2.

If the dispute is not settled by the pretrial dispute resolution procedure, the dispute may be submitted by any interested party to the court at the location of the Copyright Holder.

8.3.

In case of violation of the Agreement by the User, the User may be ordered to compensate all the legal costs incurred by the Copyright Holder while the case was on trial, including costs of lawyers and representatives, travel expenses, state taxes and other similar fees, as well as losses incurred by the Copyright Holder in connection with the violation of the Agreement and Terms of Use by the User, including but not limited to loss of benefit and damage to business reputation.

8.4.

The Administration has the right to send notices to the User, including notices regarding amendment of the Agreement, by e-mail, regular mail or by posting such notices in the Service. The user may cancel the subscription for receiving the forementioned notices by sending an email to unsubscribe@realtimeboard.com

8.5.

The User has the right to contact the Administration by sending an e-mail to  abuse@realtimeboard.com