Privacy Policy
We occasionally collect data to improve what we are doing. Here's how we do it, and how it affects you.
Plain English
Cookies
Our site uses cookies to help your browser remember you & to help us understand how people use our site. By using our site, you agree to these cookies. If you don’t want cookies, you can learn how to get rid of them here. Read More
Terms
Please enjoy our site, but don’t steal our content. We put a lot of work into this. We also are unable to guarantee that we catch every error, but if you see one please let us know! Read More
Privacy
When you give us information about yourself, we promise to only use it for good. That means we will only use it to do what you requested or improve our site & products, and never sell or share it. We don’t collect information we don’t need. Read More
Legalese
REALM’S APPROACH TO PRIVACY
Realm.io
Privacy Policy
1. Realm's approach to privacy
2. The website that is linked to this privacy policy is operated by Tightdb, Inc which trades as Realm(" Realm", " we" or " us"). We operate an edge-to-cloud data synchronization platform, data warehouse, developer tools and associated materials and services, which are made available through our website, https://realm.io and it’s subdomains (the " Service").
3. Privacy protection is very important to us and we are committed to protecting you and respecting your privacy. This privacy policy sets out information about how we collect, store, process, transfer, share and use data that identifies or is associated with you (your " personal information").
4. Realm is the data controller of personal information we hold about you.
5. Personal INFORMATION we COLLECT about you AND HOW WE USE IT
6. We collect personal information that you voluntarily submit directly to us when you use our Service. This can include information you provide to us when you set up or edit your account to use the Service, fill in a form on the Service, correspond with us by phone, email or otherwise, subscribe to our mailing lists, newsletters or other forms of marketing communications, or use some other feature of the Service.
7. We will indicate to you where the provision of certain personal information is required in order for us to provide you certain features of the Service. If you choose not to provide such personal information, we may not be able to provide the Service to you or respond to your other requests.
8. The table at Annex 1 sets out the categories of personal information we collect about you and how we use that information. The table also lists the legal basis which we rely on to process the personal information and the recipients of the personal information.
9. We also automatically collect personal information indirectly about how you access and use the Service and information about the device you use to access the Service.
10. The table at Annex 2 sets out the categories of personal information we collect about you automatically and how we use that information. The table also lists the legal basis which we rely on to process the personal information and the recipients of the personal information.
11. We may link or combine the personal information we collect about you and the information we collect automatically. This allows us to provide you with a personalized experience regardless of how you interact with us.
12. We may anonymize and aggregate any of the information we collect (so that it does not directly identify you). We may use anonymized information for purposes that include testing our IT systems, research, data analysis, improving our site and developing new products and features.
13. Third parties may provide us with anonymized statistics about the use of our SDK on different development platforms and where they have detected Realm's use in apps that are made available through app stores. We use this information to provide us with analytics about the use of our SDK by developers.
14. Information we share with third parties
15. In addition to the recipients listed in Annex 1 and Annex 2, we may also share your personal information with the following parties (as required in accordance with the uses set out in Annexes 1 and 2):
16. Companies in the same group of companies as us: our subsidiaries (i.e. any organization we own or control) or our holding company or ultimate holding company (i.e. any organization that owns or controls us) and any subsidiaries they own. These companies will only use your personal information in the same way as we can under this privacy policy.
17. Service providers and advisors:third parties who provide a service to us. For example, we may use a third party service to process and deliver our newsletter to you on our behalf, third party service providers help support our IT infrastructure and provide professional services such as legal and accountancy services. These third parties will only be allowed to use your personal information in accordance with our instructions and will be required to keep your information secure.
18. Purchasers of our business: personal information may be disclosed or transferred to buyers or prospective buyers of our business or any of our assets as part of any such sale.
19. Law enforcement, regulators and other parties for legal reasons:third parties who we are under a legal obligation to disclose your personal information to or to whom we need to disclose your personal information to protect our rights, property or safety or to protect the rights, property or safety of others. We may also disclose personal information to third parties to help detect and investigate illegal activities and breaches of any agreement we have with you.
20. We may also provide third parties with aggregate statistical information and analytics about users of our site but we will make sure no one can be identified from this information before we disclose it.
21. Marketing and Advertising
22. From time to time we may contact you with information about our products and services. The newsletter we send will be by email.
23. We will only send you our newsletter if you have given us your consent to do so. We will ask you if you would like to subscribe to our newsletter when we first collect your contact details. You can change your preferences at a later date by clicking on the unsubscribe link at the bottom of our marketing newsletters.
24. You can let us know at any time that you do not wish to receive marketing anymore by sending an email to us at info@realm.io.
25. Please note that if you do opt-out of or do not grant consent to receiving marketing related messages from us, we may still send you non-marketing messages, such as communications relating to the provision of our Service.
26. Storing and transferring your personal information
27. Security: we implement appropriate technical and organizational measures to protect your personal information against accidental or unlawful destruction, loss, change, or damage.
28. International Transfers of your Personal Information:the personal information we collect may be transferred to and stored in countries outside of the country you are in where we and our third party service providers have operations. Some of these countries offer differing levels of protection in respect of personal information and may, in certain instances, be less protective than the country you are typically resident in. If you are located in the European Economic Area ("EEA"), your personal information may be processed outside of the EU, including in the United States. We will take all reasonable steps to ensure that your personal information is treated securely and in accordance with applicable law and this privacy policy.
29. Accessing and correcting your personal information
30. If you are resident in the EEA, in accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:
- (a) Right of access. You have the right to obtain:
- (i)confirmation of whether, and where, we are processing your personal information;
- (ii)information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;
- (iii)information about the categories of recipients with whom we may share your personal information; and
- (iv)a copy of the personal information we hold about you.
- (b) Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
- (c) Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
- (d) Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
- (e) Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
- (f) Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
31. If you wish to exercise one of these rights, please contact us using the details in the "Contacting us" section.
32. You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
33. Residents in other jurisdictions may also have similar rights to the above. Please contact us at using the details in the "Contacting us" section below if you would like to exercise one of these rights, and we will comply with any request to the extent required under applicable law.
34. PRIVACY SHIELD FRAMEWORKS FOR EU AND SWISS DATA TRANSFERRED TO THE UNITED STATES
35. Realm complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries (including Iceland, Liechtenstein, and Norway) and Switzerland transferred to the United States pursuant to Privacy Shield. Realm has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.
36. With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Realm is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
37. Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to info@realm.io. If requested to remove data, we will respond within a reasonable timeframe.
38. We will provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to info@realm.io.
39. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
40. Realm’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Realm remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Realm proves that it is not responsible for the event giving rise to the damage.
41. In compliance with the Privacy Shield Principles, Realm commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Realm at info@realm.io.
42. Realm has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
43. If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
44. Cookies and Similar Technologies
45. Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site.
46. Cookies are pieces of code that allow for personalization of our website experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes.
47. We use the following types of cookies:
48. Strictly necessary cookies. These cookies are essential to make our site work. They enable you to move around the site and use its features. Without these cookies, services that are necessary for you to be able to use our site such as accessing secure areas cannot be provided.
49. Analytical/performance cookies. These cookies collect information about how people are using our site, for example which pages are visited the most often, how people are moving from one link to another and if they get error messages from certain pages. All information these cookies collect is grouped together with information from other people's use of our site on an anonymous basis. Overall, these cookies provide us with analytical information about how our site is performing and how we can improve it. We may use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. You can learn more about Google's practices at http://www.google.com/policies/privacy/partners, and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.
50. Functionality cookies. These cookies allow us to remember choices you make and tailor our website to provide enhanced features and content to you. For example, these cookies can be used to remember your user name, language choice or country selection, they can also be used to remember changes you've made to text size, font and other parts of pages that you can customize.
51. Advertising cookies. These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information may be shared with other organizations such as advertising partners. This means after you have been to our site you may see some advertisements about our services elsewhere on the internet.
52. Social media cookies. In order to enhance your internet experience and to make the sharing of content easier, some of the pages on our website may contain tools or applications that are linked to third party social media service providers such as Facebook, Twitter or Google+. Through these tools or applications the social media service provider may set its own cookies on your device. We do not control these cookies and you should check the social media service provider's website for further details about how they use cookies.
53. The cookies we use are designed to help you get the most from the site but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse cookies you may not be able to use the full functionality of our site. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the "Help" option in your browser for more details.
54. Cookie settings in Internet Explorer
55. Cookie settings in Firefox
57. Cookie settings in Safari web and iOS.
58. Deleting or blocking cookies may not be effective for all types of tracking technologies, such as Local Storage Objects (LSOs) like Flash objects or HTML5.
59. If you would like to find out more about cookies and other similar technologies, please visit allaboutcookies.org or the Network Advertising Initiative's online sources at networkadvertising.org.
60. Interest Based Advertising
61. We may participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third party online advertising networks, social media companies and other third party services to collect information about your use of our Services over time so that they may play or display ads on our Service, on other websites, apps or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
62. We may also use certain forms of display advertising and other advanced features through Google Universal Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and display ads based on your past visits to the Online Services. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI's online resources at http://www.networkadvertising.org/choices.
63. To learn about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative's online resources, at http://www.networkadvertising.org/choices, the DAA's resources at www.aboutads.info/choices and/or Your Online Choices at www.youronlinechoices.com/uk. Please note that opting-out of receiving interest-based advertising through the NAI's and DAA's or Your Online Choices online resources will only opt-out a user from receiving interest-based ads on that specific browser or device, but the user may still receive interest-based ads on his or her other devices. You must perform the opt-out on each browser or device you use.
64. Some of these opt-outs may not be effective unless your browser is set to accept cookies. If you delete cookies, change your browser settings, switch browsers or computers, or use another operating system, you will need to opt-out again.
Our site may, from time to time, contain links to and from third party websites of our partner networks, advertisers, partner merchants, news publications, retailers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.
65. OUR POLICY TOWARDS CHILDREN
Our site is not directed to persons under 13 and we do not knowingly collect personal information from children under 13. If you become aware that your child has provided us with personal information, without your consent, then please contact us using the details below so that we can take steps to remove such information and terminate any account your child has created with us.
66. Changes to this policy
We may update this privacy policy from time to time and so you should review this policy periodically. When we change this privacy policy in a material way, we will update the "last modified" date at the bottom of this privacy policy. Changes to this privacy policy are effective when they are posted on this page.
67. Notice to you
If we need to provide you with information about something, whether for legal, marketing or other business related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email or by placing a notice on our site. The fact that we may send notices to you will not stop you from being able to opt out of certain types of contact as described in this privacy policy.
68. Contacting us
Our EU representative is Tightdb Denmark ApS. Regardless of your location, questions, comments and requests regarding this privacy policy are welcome and should be addressed to info@realm.io.
This Privacy Policy was last modified on 1 April 2019.
ANNEX 1 – PERSONAL INFORMATION WE COLLECT
| Category of personal information | How we may use it | Legal basis for the processing | Recipients |
|---|---|---|---|
| Contact information such as your name, phone number, and e-mail address. | We may use this information to operate, maintain and provide to you the features and functionality of the Service. | The processing is necessary for the performance of a contract and to take steps prior to entering into a contract. | We may share your personal information with the following:, APIHub, Inc (trading as “Clearbit”), a data enrichment service that we use to create and maintain customer profiles., Freshworks, Inc, an online cloud-based customer service software providing helpdesk support, in connection with the provision of customer support., Chargebee, Inc our billing automation software.,PayPal, Inc (trading as “Braintree”) in connection with processing your payments., Stripe, Inc, in connection with processing your payments.,Salesforce.com, Inc, provider of our customer relationship management and marketing automation platform., Zoom Video Communications, Inc, for the purposes of communicating with you through video conferencing. |
| We may use this information to communicate with you, including sending service-related communications (such as statements, order confirmations and updates). | The processing is necessary for the performance of a contract and to take steps prior to entering into a contract. | ||
| We may use this information to send you unsolicited marketing communications in accordance with your preferences. | We will process your personal information for this purpose to the extent that you have given us consent to do so. | ||
| We may use this information to deal with enquiries and complaints made by or about you relating to the Service. | The processing is necessary for our legitimate interests, namely administering the Service, and for communicating with you effectively to respond to your queries or complaints. | ||
| We may use this information to send you unsolicited marketing communications in accordance with your preferences. | We will process your personal information for this purpose to the extent that you have given us consent to do so. | ||
| Github Username | We may use this information to operate, maintain and provide to you the features and functionality of the Service. | The processing is necessary for the performance of a contract and to take steps prior to entering into a contract. | We may share your personal information with Salesforce.com, inc, provider of our customer relationship management and marketing automation platform. |
| We may use this information to determine products and services that may be of interest to you. | |||
| Correspondence, comments and opinions. When you contact us directly, e.g. by email, phone or when you complete an online form, we will record your comments and opinions. | We may use this information to address your questions, issues and concerns. | The processing is necessary for our legitimate interests, namely communicating with users and responding to queries, complaints and concerns. | We may share your personal information with GetFeedback, Inc, our product survey platform, for the purposes of collecting and analyzing any feedback you provide. |
| We may use this information to develop new products and features available through our Service or otherwise improve our Service. | The processing is necessary for our legitimate interests, namely developing and improving our Service. | ||
| We may use this information to determine products and services that may be of interest to you. | The processing is necessary for our legitimate interests, namely marketing. | ||
| We may use this information to send you unsolicited marketing communications in accordance with your marketing preferences. | We will process your personal information for this purpose to the extent that you have given us consent to do so. | ||
| Transaction information, such as services purchased, date and time of your transaction. | We may use this information to facilitate transactions. | The processing is necessary for the performance of a contract. | We may share your personal information with the following:, Chargebee, Inc in connection with automating your invoice payments., PayPal, Inc (trading as “Braintree”) in connection with processing your payments., Stripe, Inc, in connection with processing your payments.,Salesforce.com, Inc, provider of our customer relationship management and marketing automation platform. |
| We may use this information to provide customer support. | The processing is necessary for our legitimate interests, namely administering the Service and providing customer support. | ||
| We may use this information to detect and prevent fraud. | The processing is necessary for our legitimate interests, namely the detection and prevention of fraud. | ||
| We may use this information to inform our advertising and marketing. | The processing is necessary for our legitimate interests, namely marketing. | ||
| Payment information, such as your credit card or bank account details | We may use this information to facilitate transactions. | The processing is necessary for the performance of a contract. | We may share your personal information with Stripe, Inc, Chargebee, Inc and PayPal, Inc (trading as “Braintree”) in connection with processing payments, and conducting fraud prevention and diligence checks to ensure the security and lawfulness of transactions carried out through our Service. |
| We may use this information to detect and prevent fraud. | The processing is necessary for our legitimate interests, namely the detection and prevention of fraud. | ||
| Preferences. Preferences set for notifications, marketing communications, how our website is displayed and how you use the Service. | We may use this information to provide notifications, send marketing communications and display our Service in accordance with your choices. | The processing is necessary for our legitimate interest, namely ensuring the user receives the correct marketing and other communications. | We may share your personal information with the following:, Freshworks, Inc, an online cloud-based customer service software providing helpdesk support, in connection with the provision of customer support., Salesforce.com, Inc, provider of our customer relationship management and marketing automation platform. |
| Location information. Other than information you choose to provide to us, we do not collect information about your precise location. Your device’s IP address may help us determine an approximate location. | We may use information you provide to us about your location to inform and plan our marketing strategy. | The processing is necessary for our legitimate interest, namely ensuring the user receives the correct marketing and other communications. | We may share your personal information with the following:, Freshworks, Inc, an online cloud-based customer service software providing helpdesk support, in connection with the provision of customer support., Salesforce.com, Inc, provider of our customer relationship management and marketing automation platform. |
| All personal information set out above. | We may use all the personal information we collect to operate, maintain and provide to you the features and functionality of the Service, to communicate with you, to monitor and improve our Service and business, and to help us develop new products and services. | The processing is necessary for our legitimate interests, namely to administer and improve the Service. |
ANNEX 2 – PERSONAL INFORMATION COLLECTED AUTOMATICALLY
| Category of personal information | How we may use it | Legal basis for the processing | Recipients |
|---|---|---|---|
| Information about how you access and use the Service. For example, the website from which you came and the website to which you are going when you leave our website, how frequently you access the Service, the time you access our Service and how long you use it for, the approximate location that you access the Service from, whether you access the Service from multiple devices, and other actions you take on the Service. | We may use information about how you use and connect to our Service to present our Service to you on your device. | The processing is necessary for our legitimate interests, namely to tailor our Service to the user. | We may share your personal information with the following:Salesforce.com, Inc (trading as Pardot”), our marketing and lead generation platform. Google, Inc, which provides our analytics tool, Google Analytics, to help us measure traffic and usage trends for our Service. |
| We may use this information to determine products and services that may be of interest to you for marketing purposes | The processing is necessary for our legitimate interests, namely to inform our direct marketing. | ||
| We may use this information to monitor and improve our Service and business, resolve issues and to inform the development of new products and services., | The processing is necessary for our legitimate interests, namely to monitor and resolve issues with our Service and to improve our Service generally. | ||
| Log files and information about your device. We also collect information about the computer, tablet, smartphone or other electronic device you use to connect to our Service. This information can include details about the type of device, unique device identifying numbers, operating systems, browsers and applications connected to our Service through the device, your Internet service provider or mobile network, your IP address and your device’s telephone number (if it has one). We may use information about how you use and connect to our Service to present our Service to you on your device. | We may use this information to determine products and services that may be of interest to you for marketing purposes | The processing is necessary for our legitimate interests, namely to tailor our Service to the user. | |
| We may use this information to monitor and improve our Service and business, resolve issues and to inform the development of new products and services.,The processing is necessary for our legitimate interests, namely to monitor and resolve issues with our Service and to improve our Service generally. | The processing is necessary for our legitimate interests, namely to inform our direct marketing. |
WEBSITE TERMS OF USE
This page tells you about the terms and conditions (“Terms of Use”) on which you may access, browse or use the publicly available areas of our website realm.io (our “site”). Please read these Terms of Use carefully before you start to use our site to ensure that you understand each provision. By using our site, you indicate that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site. THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. INFORMATION ABOUT REALM
realm.io is a website operated by Tightdb, Inc trading as Realm (“Realm”, “we”, “our”, “us”). Our registered office is at 495 3rd St. San Francisco, CA 94107.
2. REALM PRODUCTS AND SERVICES
We provide a number of products and services. Further details about these products and services are available on our site. Please note that your use of these products and services are governed by separate terms, details of which are in the relevant software depository or in the relevant downloadable zip files we make available on our site.
3. YOUR INFORMATION
When contacting us through the site, you may provide certain personal information. Please read our privacy policy to understand how we process your information.
4. DISCLAIMER AND LIABILITY
4.1.
Although we take care in the preparation of the content of our site, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can. We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
4.2.
As our site is made available free of charge, to the extent permitted by law we exclude all liability (whether arising in contract, in negligence or otherwise) for any loss or damage which you or any third party may incur in connection with our site, any website linked to it and any materials posted on it.
5. INTELLECTUAL PROPERTY
5.1.
We are the owner or the licensee of all trade marks, and all other marks, trade names, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and other intellectual property rights which appear on our site and in the material published on it. You may use these rights and the material solely for the purpose of using our site in accordance with these Terms of Use.
5.2.
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except as reasonably required to use our site and evaluate our products and services.
6. NO WARRANTY
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE SITE IS CONTROLLED AND OPERATED FROM FACILITIES IN THE UNITED STATES. WE MAKE NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE UNITED STATES AND LOCAL LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS. YOU MAY NOT USE THE SITE IF YOU ARE A RESIDENT OF A COUNTRY EMBARGOED BY THE UNITED STATES, OR ARE A FOREIGN PERSON OR ENTITY BLOCKED OR DENIED BY THE UNITED STATES GOVERNMENT. UNLESS OTHERWISE EXPLICITLY STATED, ALL MATERIALS FOUND ON THE SITE ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES LOCATED IN THE UNITED STATES.
8. VIRUSES
Whilst we make reasonable efforts to ensure our site is free from bugs and viruses, we do not guarantee this. You are responsible for ensuring that the device you use to access our site is adequately protected from viruses.
9. LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10. VARIATIONS
We may revise these Terms of Use at any time by amending this page. You should check this page from time to time to take notice of any changes we make.
11. SEVERABILITY
If any of these Terms of Use is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
12. JURISDICTION AND APPLICABLE LAW
12.1.
You agree that: (i) our site shall be deemed solely based in California; and (ii) our site shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
12.2.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
For any dispute with us, you agree to first contact us at info@realm.io and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute we have with you after thirty (30) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless we mutually agree otherwise. If you are using our site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
12.3.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
13. CONTACT AND FEEDBACK
If you would like to contact us or provide feedback on our site, please get in touch by emailing us at info@realm.io.
These Terms of Use were last modified on May 12th, 2016.