Intellectual Property
RealPlayer-Plus, is a trademark owned by RealPlayer-Plus. All rights reserved. Other logos, and trademarks and service marks depicted on this site are the property of their respective owners. Users may not use any trademarks, logos, or service marks displayed on the site for any purpose without written permission of RealPlayer-Plus or the respective owners. The Site and its content, including editorial, graphics, banners, placement and design, are owned by RealPlayer-Plus. All rights reserved. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the site are limited to one copy for personal, non-commercial viewing and use only. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of RealPlayer-Plus. RealPlayer-Plus is the owner of the copyright in the entire Site. RealPlayer-Plus owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Site or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Site without the express permission of RealPlayer-Plus and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use.
You may submit comments, answers to surveys we may have from time to time ("collectively Information") and/or emails online but agree not to upload, post or otherwise make available to RealPlayer-Plus any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission of Information. Any Information you provide upon ordering a product or otherwise will be subject to our Privacy Policy.
Notwithstanding anything to the contrary contained herein, to the extent that RealPlayer-Plus believes that you have violated RealPlayer-Plus's intellectual property rights, RealPlayer-Plus or any of his affiliated entities may seek injunctive or other appropriate relief in any federal or state court located in New Jersey without having to submit the matter to mediation/arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.
Disclaimers and Limitations of Liability
THIS SITE, INCLUDING ALL CONTENT, AND ANY SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND YOU USE THE SITE AT YOUR OWN RISK. NEITHER TRAVEL TRIBE, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE MAKE ANY REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENTS, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, SERVICE OR MERCHANDISE, OR GUARANTEE ANY CONTENT OR SERVICE, INCLUDING THE ACCURACY OR CORRECTNESS, OFFERED BY A THIRD-PARTY THOUGH THE SITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND THAT NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY; AND YOU AGREE NOT TO RELY ON SUCH INFORMATION OR ADVICE. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
UNDER NO CIRCUMSTANCES SHALL TRAVEL TRIBE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, ITS CONTENT, OR SERVICES AVAILABLE THROUGH IT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SAME, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF TRAVEL TRIBE AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO TRAVEL TRIBE FOR ITS PRODUCTS AND/OR SERVICES.
Changes
RealPlayer-Plus reserves the right to revise the Terms of Use at any time upon notice to end users, which notice shall be deemed given upon posting of changes.
Privacy
This Site is governed by the terms and conditions set out in our privacy policy.
Governing Law and Jurisdiction
The laws of the state of New Jersey (without applying conflict-of-law principles) will govern these Terms & Conditions and any dispute that might arise between you and RealPlayer-Plus regarding your use of this site. Any dispute shall be submitted to confidential mediation, and if mediation is unsuccessful to arbitration, under the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association. The rules are available on-line at www.adr.org. Click on Rules, and then click on Supplementary Procedures for Consumer-Related Disputes. If mediation is unsuccessful, the arbitrator's award shall include findings of fact and conclusions of law and shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you are prohibited from bringing any court action of any kind until after the arbitration award is issued, and no arbitration under these Terms & Conditions shall be joined to an arbitration involving any other party subject to these Terms & Conditions, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Terms of Use for the RealPlayer-Plus Sites constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
©2006-present Market Stream, LLC
Last updated September 19, 2007
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