Conditions of use
All wireless services (including long distance service) are prepaid and are not subject to refund. Once you purchase it is good for the time amount purchased.
On handsets and other durable goods, all warranties are as stated and assume normal use of the product. Any abuse or mis-use is subject to the warranty becoming void.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER RELATED WEBSITE OWNED BY REAL MOBILE, INC.(each, a "Site").
These Terms of Use are legally binding terms that apply throughout each Site. By using this Site, you agree to be legally bound by these Terms of Use. If you do not agree with any of these Terms of Use, please do not use this Site. Sections of this Site may be subject to additional terms, which you should carefully review before using those sections; such terms will not replace or change these Terms of Use regarding use of the Site except when expressly stated otherwise.
TERMS OF SALE, INCLUDING TERMS OF PAYMENT AND CHARGES, FOR EACH PURCHASE ARE AGREED TO BE THOSE SPECIFIED IN THE SIGNED CONTRACT. THE CUSTOMER HEREBY AGREES TO PAY ALL COSTS OF COLLECTION OR LEGAL FEES SHOULD SUCH ACTION BE NECESSARY DUE TO NON-PAYMENT. THE ABOVE INFORMATION IS WILLINGLY SUPPLIED AND THE CREDITOR IS AUTHORIZED TO CONTACT THE ABOVE BANK AND TRADE REFERENCES IN ORDER TO ESTABLISH THE CREDITWORTHINESS OF THE ABOVE NAMED COMPANY. IF THE APPLICANT IS NOT A CORPORATION, THE CREDITOR IS AUTHORIZED TO OBTAIN CREDIT REPORTS ON THE PROPRIETORS, PARTNERS OR PRINCIPALS. SHOULD A CREDIT LINE BE GRANTED BY THE CREDITOR, ALL DECISIONS WITH RESPECT TO THE EXTENSION OR CONTINUATION SHALL BE IN THE SOLE DISCRETION OF THE CREDITOR. THE CREDITOR MAY TERMINATE ANY CREDIT AVAILABILITY WITHIN ITS SOLE DISCRETION.
REAL Mobile, Inc.("REAL") reserves the right, in its sole discretion, to modify, update or otherwise revise these Terms of Use at any time without notice by revising this posting, and your continued use of the Site following the posting of such changes will mean your irrevocable acceptance of those changes. REAL reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any content, software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
In order to use portions of this Site, you may be asked to register for use of such portions. It is a condition of use of this Site that all registration details provided must be correct, current and complete.
Unless we have received acceptable parental consent governing your use of the Site, we will assume (and by using the Site you represent and warrant) that you are of sufficient age and mental capacity and otherwise have the legal capacity to enter into these Terms of Use.
CONTACT INFORMATION
This Site is controlled and operated by REAL Mobile, Inc., 7095 sunset Drive, Miami, Florida 33143. The phone number is 305-663-8989. Please email any comments or complaints regarding this Site to info@myrealmobile.com. Please email any questions regarding Site privacy to info@myrealmobile.com or to REAL Mobile, Inc., Attn. Chief Privacy Officer, 7095 sunset Drive, Miami, Florida 33143
ONLINE PRIVACY NOTICE
Your privacy is important to us. We provide a notice explaining our online information practices and the choices you can make about the way information about you or your child is collected and used at this Site. Click here to review our Privacy Policy, which is a part of these Terms of Use.
TRADEMARKS, COPYRIGHTS AND USE RESTRICTIONS
This Site and all logos, characters, images, text, graphics, software and other materials incorporated by REAL Mobile on this Site ("Content") are protected by copyrights, trademarks, patents, trade secrets or other proprietary rights held by REAL Mobile or others. Your right to make use of this Site and any Content or other materials appearing on the Site is subject to your compliance with these Terms of Use. You may not copy, reproduce, republish, upload, post, transmit, or distribute in any way the Site or any Content except as stated in these Terms of Use without the express written permission of REAL. Use or modification of the Content except as permitted by these Terms of Use may be a violation of the copyrights, trademarks and other proprietary rights held by REAL Mobile and others. For purposes of these Terms of Use, the use of any such Content on any other web site or networked computer environment is prohibited.
REAL Mobile hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to access, use and display, for home, noncommercial and personal entertainment use on a single computer only, one copy of any Content on the Site including software that you may download from this Site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material") provided, however, that you must maintain all copyright, trademark and other notices (including URLs) contained in such Downloaded Material. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from REAL Mobile or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise reduce the code used in any Content into readable form in order to examine the construction of such code to copy, modify or create other products based in whole or part on such code or the Downloaded Material.
LINKED SITES
REAL Mobile, whether or not affiliated with other web sites that may be linked to this Site ("Linked Sites"), is not responsible for the content of such Linked Sites. The Linked Sites are for your convenience only and you access them at your own risk. REAL Mobile is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of Linked Sites, and the inclusion of such a link does not imply endorsement of any web site by REAL Mobile or any association with its operators.
REAL Mobile cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from this Site, since they are owned and operated by independent retailers. REAL mobile does not endorse any of the merchants, nor has REAL Mobile taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. REAL Mobile does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party, and you irrevocably waive any claim against REAL Mobile with respect to such third party sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any third party sites.
DISCLAIMER
USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT, INFORMATION, SOFTWARE, FEATURES, SERVICES AND OTHER MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REAL MOBILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. REAL MOBILE DOES NOT WARRANT THAT THE FEATURES OR FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THE SITE OR ANY WEB SITE LINKED TO OR FROM THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. REAL MOBILE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT ON THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND REAL ASSUMES NO LIABLITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH CONTENT, INFORMATION, SOFTWARE, FEATURES, SERVICES AND OTHER MATERIALS. YOU (AND NOT REAL MOBILE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Applicable law may not allow the exclusion of some or all of the above warranties to apply to you, so the above exclusion will apply to you only to the extent permitted by applicable law.
FORUMS
The information, materials and opinions expressed in or on message boards, chat rooms, discussion groups or other forums conducted on this Site ("Forums") and e-mails and E-Greetings sent by users of the Site are not necessarily those of REAL Mobile or its affiliated or related entities or content providers, and REAL Mobile makes no representations or warranties regarding such information, materials or opinions. REAL mobile does not undertake to monitor or review postings on Forums or e-mails or E-Greetings sent by users of the Site, and the content of Forums and such emails are not the responsibility of REAL Mobile. REAL Mobile may remove or modify any Forum content or other Content at any time in its sole discretion. Any use of the Forums will be at your own risk and will be subject to the disclaimers and limitations on liability set out in these Terms of Use and elsewhere on the Site.
LIMITATION OF LIABILITY
NEITHER REAL MOBILE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON THE SITE OR ON CONTENT, FORUMS, E-MAILS OR E-GREETINGS APPEARING ON THE SITE OR TO WHOM THE SITE, OR ANY SUCH MATERIALS OR INFORMATION MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY CONTENT, FORUMS, INFORMATION, MATERIALS, E-MAILS, E-GREETINGS OR OPINIONS PROVIDED IN OR THROUGH THE SITE, OR THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENTS, INFORMATION, SOFTWARE, FEATURES, SERVICES AND OTHER MATERIALS ON THE SITE , REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF REAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT REAL MOBILE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT ANY SUCH LOSS OR DAMAGE OCCURS. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SUBMISSIONS
REAL Mobile welcomes your comments regarding its web sites and other products or services. REAL Mobile endeavors to continuously review and improve its products and services; therefore, please understand that REAL Mobile, its employees, customers, or third parties engaged by REAL Mobile, may have developed ideas or materials similar to those you may believe are original to you and/or that you may elect to submit. REAL Mobile cannot guarantee that it will respond to any comments, messages or submissions, or that it will use any ideas or materials that may be submitted. YOU AGREE AND UNDERSTAND THAT REAL MOBILE IS NOT OBLIGATED TO USE ANY IDEAS OR MATERIALS THAT YOU MAY SUBMIT, AND YOU HAVE NO RIGHTS TO COMPEL SUCH USE. ANY MATTERS SUBMITTED TO REAL SHALL BECOME THE SOLE PROPERTY OF REAL MOBILE AND YOU AUTOMATICALLY AND IRREVOCABLY GRANT AND ASSIGN TO REAL ANY AND ALL RIGHTS IN THE SUBMISSION THROUGHOUT THE WORLD INCLUDING ALL COPYRIGHTS, TOGETHER WITH ALL CONSENTS (IF ANY) NECESSARY TO ENABLE THE REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING AND/OR OTHER EXPLOITATION OF SUCH SUBMISSION BY REAL MOBILE AND/OR BY ANY PERSON AUTHORIZED BY REAL MOBILE BY ANY MEANS OR MEDIA NOW KNOWN OR LATER DEVELOPED WITHOUT PAYMENT OR OTHER REFERENCE TO YOU OR ANY OTHER PERSON, AND TO ADVERTISE AND PROMOTE SUCH EXPLOITATION, FOR THE FULL PERIOD OF ALL SUCH RIGHTS (TOGETHER WITH ANY EXTENSIONS AND RENEWALS) AND IN SO FAR AS POSSIBLE IN PERPETUITY, AND APPOINT REAL MOBILE AS YOUR AGENT WITH FULL POWER TO ENTER INTO ANY DOCUMENT AND/OR DO ANY ACT MGA MAY CONSIDER APPROPRIATE TO CONFIRM THE GRANT AND ASSIGNMENT, CONSENT AND WAIVER SET OUT HEREIN . Subject only to our Privacy Policy, none of the information you submit to the Web Site shall be subject to any obligation of confidence on the part of REAL Mobile and we will not be liable for any use or disclosure. Thus, subject only to our Privacy Policy, you give up any claim that any use of such material violates any of your rights, including, but not limited to, moral rights, privacy rights, proprietary or other property rights, publicity rights, and right to credit for the material or ideas contained therein, and by submitting any such material, you confirm that no such rights have been asserted . REAL Mobile shall have the right, throughout the universe, in perpetuity, without any compensation or credit to you, to use, reproduce, modify, adapt, publish, distribute copies, display, broadcast, license, perform, post, sell, translate, create derivative works from and distribute the submission or incorporate the submission into any form, medium or technology now known or later developed and REAL Mobile shall not be liable for any use or disclosure of such submission. By submitting materials to the Site or to REAL Mobile, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity and/or privacy rights. If we invite a submission and post additional terms specific to such submission, the posted terms shall apply; if no such additional terms are posted, these Terms of Use will apply in full to any submissions you make.
RULES FOR EMAILS, FORUMS AND SITE USE
Please act responsibly when using this Site. You may only use this Site and its Content for lawful purposes and in accordance with applicable law. You are prohibited from storing, distributing or transmitting any unlawful material through this Site, and from collecting or storing personal information regarding other users. You realize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by REAL Mobile) or privately transmitted on or through this Site are the sole responsibility of the sender, not REAL Mobile, and that you are responsible for all material you upload, post, submit or otherwise transmit to or through this Site.
REAL Mobile is not responsible for any material posted on the Forums, including any bulletin boards, message boards, chat rooms, or other Forums conducted on this Site or in e-mails or E-Greetings sent or posted by users. You agree that you shall not upload, transmit, distribute or otherwise publish through the Site, including in such Forums or emails, any material, or act in any way, which in REAL's opinion:
(a) libels, defames or invades the privacy rights of others or that is obscene, pornographic, racist, abusive, harassing, offensive or threatening;
(b) infringes any intellectual property right or any other right of any entity or person, including, but not limited to, violating anyone's copyrights, trademarks or rights of privacy or publicity;
(c) violates or may be considered to violate any law;
(d) promotes or advocates illegal activity or the use of illegal drugs or alcohol;
(e) advertises or otherwise solicits funds or is a solicitation for goods or services or gambling activities;
(f) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or similar behavior;
(g) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers, URLs or identifiers to disguise the origin of the content;
(h) advertises any commercial endeavor (e.g., offering products or services for sale) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities on the Site;
(l) includes MP3 format files or any files whatsoever which you do not have the right to transmit;
(m) amounts to a 'pyramid' or similar scheme or 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites);
(n) disobeys these Terms of Use or any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(o) contains links to other sites that contain the kind of content which falls within the descriptions set out at (a) to (n) above .
You are additionally prohibited from removing any sponsorship banners or other material inserted by REAL Mobile anywhere on this Site including on web space made available for your use, if any.
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple messages or files to a single user, with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation of this Site by REAL Mobile or enjoyment of this Site by any person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
While REAL Mobile does not and cannot review every message posted by users in the Forums and in e-mails and E-Greetings and expressly disclaims any responsibility for the content of these messages, REAL Mobile reserves the right to delete, move, or edit messages that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark or other intellectual property or other laws, or otherwise unacceptable.
INDEMNITY
You agree to defend, indemnify and hold harmless REAL Mobile and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, damages, demands, liabilities, losses, costs, expenses and causes of action, including reasonable attorneys' fees and related expenses, arising out of your submission, publication or transmittal of any material to REAL Mobile or to the Site, or arising out of your failure to fully comply with these Terms of Use or any use of your Site registration and/or account.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in this Site are presented solely for the purpose of providing entertainment services and other products available in the United States, its territories, possessions, and protectorates. This Site is controlled and operated by REAL Mobile from its offices within the State of Floirda, United States of America. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as it is applied to agreements entered into and to be performed entirely within such State, without regard to its conflict or choice of laws rules. Any action you, any third party or REAL Mobile may bring to enforce these Terms of Use or an arbitration award hereunder or in connection with any matters related to this Site shall be brought only in either the State or Federal Courts located in the County of Miami-Dade, Florida, and you expressly consent to the exclusive jurisdiction of said courts, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. As may be necessary to protect the rights or property of you or REAL Mobile pending the completion of arbitration, either you or REAL Mobile may seek any interim or preliminary relief from a State or Federal court of competent jurisdiction located in the County of Miami-Dade, Florida. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except as stated herein or in a writing signed by REAL Mobile.
THIS SITE CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
EXCEPT AS OTHERWISE STATED HEREIN, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO USE OF THIS SITE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION TO BE HEARD AND ADJUDICATED BY ONE ARBITRATOR TO BE MUTUALLY CHOSEN BY YOU AND REAL MOBILE. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN THE COUNTY OF MIAMI-DADE, FLORIDA, AND CLAIMS REGARDING THE JUDGMENT OF THE ARBITRATOR (INCLUDING ENTRY OF JUDGMENT ON THE ARBITRATION AWARD) MAY BE BROUGHT AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE COUNTY OF MIAMI-DADE, FLORIDA.
DENIAL OF ACCESS
REAL Mobile, for any reason and at its sole discretion, may decide that any person shall be denied access to all or any part of the REAL Mobile Site (a "Denial"). The sending of an e-mail notice by REAL Mobile to any e-mail address used by the person who is the subject of a Denial shall constitute complete and sufficient notice of the Denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access any part of the REAL Mobile Site upon issuance to you of a Denial. If you do not so cease and desist, you hereby consent to an injunction, to be entered against you by a court of competent jurisdiction as provided in these Terms of Use, permanently restraining you from attempting to access this Site and any other REAL Mobile web sites.
SECURITY
Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). REAL Mobile shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that REAL Mobile considers insecure, REAL Mobile will be entitled to require it to be changed and/or to terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed to compromise security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, REAL Mobile reserves the right to release your details to system administrators at other sites in order to
