THE FOLLOWING DESCRIBES THE TERMS ON WHICH INTEGRITY INTERACTIVE MEDIA (RealityTVMatrix.com) OFFERS YOU ACCESS TO OUR SERVICES.
This User Agreement ("Agreement") is a contract between you and Integrity Interactive Media and applies to your use of the RealityTVMatrix.com™ web service and any related products and services available through www.RealityTVMatrix.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will be posted on the "Policy Updates" page, accessible from "Updates" link in the Contact section. In addition, you can set your Preferences to receive email notification of all policy updates. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "RealityTVMatrix.com," "we" or "our" will refer collectively to Integrity Interactive Media and its subsidiaries including RealityTVMatrix.com (the website). Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions, and all references to a "credit card" include Visa- and MasterCard-branded debit cards.
This Agreement was last modified on May 03, 2004.
1. Eligibility. In order to use the Service, you must register for a Personal or Business account. Users may only hold one Personal account and one Business account. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk.
2. The Legal Relationship between You and RealityTVMatrix.com.
2.1 RealityTVMatrix.com is only an Information Service Provider. RealityTVMatrix.com acts as an information service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that advertised within our Service.
2.2 Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. However, because user verification on the Internet is difficult, RealityTVMatrix.com cannot and does not guarantee any user's identity.
2.3 Release. In the event that you have a dispute with one or more users, you release RealityTVMatrix.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
2.4 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RealityTVMatrix.com shall make reasonable efforts to ensure that the service is available at all times, but we make no representations or warranties regarding the availability of services because our Service is largely dependant upon many factors outside of our control, such as our Internet Service Providers, the general state of the internet, electrical considerations, etc. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
2.5 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
2.6 Indemnification. You agree to indemnify and hold RealityTVMatrix.com, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
3. Fees. All fees are set forth in the Fee Schedule. All fees will be assessed in the currency of the payment. Additional information about RealityTVMatrix.com's fees is available in the Fees Policy. Your account and all transactions are made and displayed in U.S. dollars unless otherwise specified and may be subject to exchange rates.
4. Non-U.S. Use. To be eligible for an account, you must be a resident of the United States.
5. Your Information and Restricted Activities
5.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.
5.2 Restricted Activities. Your Information and your activities (including your payments) through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c)violate RealityTVMatrix.com's Acceptable Use Policy; (d) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (e) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing consumer protection, unfair competition, antidiscrimination, or false advertising); (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) be obscene or contain child pornography; (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (i) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving benign information and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
5.4 Trademarks. RealityTVMatrix.com, RealityTVMatrix.com Store, the IntegrityX logo and all related logos, products and services described in this website are either trademarks or registered trademarks of Integrity Interactive Media, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of RealityTVMatrix.com and Integrity Interactive Media. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of RealityTVMatrix.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Integrity Interactive Media.
Notwithstanding the above, HTML logos provided by RealityTVMatrix.com through its (future) Affiliate Programs may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to RealityTVMatrix.com or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by RealityTVMatrix.com. RealityTVMatrix.com is an independent retail service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
6. Access and Interference. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the RealityTVMatrix.com site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to RealityTVMatrix.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of RealityTVMatrix.com or the appropriate third party. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
8. Termination or Closing Your Account. You may close your account at any time. Upon closure of an account, any pending transactions will be cancelled. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you (for example, refund credits). If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property.
9. Remedies and RealityTVMatrix.com's Right to Collect From You. Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, limit access to an account and any or all of the account's functions (including but not limited to the ability to post messages or make purchases), indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; (d) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (e) your use of your RealityTVMatrix.com account is deemed by RealityTVMatrix.com, Visa, MasterCard, American Express or Discover to constitute abuse of the credit card system or a violation of credit card rules, including (without limitation), using the RealityTVMatrix.com system to test credit card behaviors. Even if they have been recorded as completed in the Recent Activity or History Transaction Log of your RealityTVMatrix.com account, transactions are not considered completed until the funds have been charged to the customer's funding source (for payments) or posted to the customer's bank account (for refunds). If we close your account, we will provide you notice and pay you all of the unrestricted funds held in your RealityTVMatrix.com account. Additionally, to secure your performance of this Agreement, you grant to RealityTVMatrix.com a lien on and security interest in your account. In addition, you acknowledge that RealityTVMatrix.com may setoff against any accounts you own within ChristainCrossway.com for any obligation you owe RealityTVMatrix.com at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. RealityTVMatrix.com may consider this Agreement as your consent to RealityTVMatrix.com's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
10. Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of RealityTVMatrix.com. RealityTVMatrix.com reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
11. Legal Compliance. You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.
12.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from RealityTVMatrix.com in electronic form. Electronic Communications may be posted on the pages within the RealityTVMatrix.com website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. RealityTVMatrix.com reserves the right but assumes no obligation to provide Communications in paper format.
12.2 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to RealityTVMatrix.com c/o Integrity Interactive Media., Attn: Legal Department, 1905 Greenhill Road, Lansdowne, PA 19050 (in the case of RealityTVMatrix.com) or to our online message center or the email address you provide to RealityTVMatrix.com during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to RealityTVMatrix.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
13. Legal Disputes. In the event a dispute arises between you and RealityTVMatrix.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and RealityTVMatrix.com agree that any controversy or claim at law or equity that arises out of this Agreement or RealityTVMatrix.com's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, RealityTVMatrix.com strongly encourages users first to contact RealityTVMatrix.com directly to seek a resolution. RealityTVMatrix.com will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
13.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or RealityTVMatrix.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
13.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Delaware County, Pennsylvania or where the defendant is located (in RealityTVMatrix.com's case, Lansdowne, Pennsylvania, and in your case, your home address or principal place of business). You and RealityTVMatrix.com agree to submit to the personal jurisdiction of the courts located within the county of Delaware, Pennsylvania.
13.3 Alternative Dispute Resolution. RealityTVMatrix.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Delaware County, Pennsylvania or another location mutually agreed upon by the parties.
13.4 Violations of Section 13. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 13, the other party may recover attorneys' fees and costs up to $1000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
14. General. This Agreement is governed by and interpreted under the laws of the state of Pennsylvania, U.S. as such laws are applied to agreements entered into and to be performed entirely within Pennsylvania by Pennsylvania residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 14 hereof, to the extent that the FAA is inconsistent with Pennsylvania law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by RealityTVMatrix.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (3) Fees, (2.3) Release, (6) Access and Interference, (2.5) Limitation of Liability, (2.6) Indemnity, and (13) Legal Disputes shall survive any termination or expiration of this Agreement.
15. Disclosures. The Services are offered by Integrity Interactive Media., located at 1905 Greenhill Road, Lansdowne, PA 19050. If you are a Pennsylvania resident, you may have this same information emailed to you by sending a letter to the address above with your email address and a request for this information. Fees for our services are described in our Fees Policy.
Disputes between you and RealityTVMatrix.com regarding our Services may be reported to Customer Support online through the RealityTVMatrix.com Contact Feedback page at any time, or by calling (610) 259.2581 from 9 AM to 5 PM Eastern Time.
No part of this website may be copied, transferred or re-created without express written consent of Edward C. Ganges. All graphics, page design, programming logic, source code and intellectual content contained within this site are copyrighted and protected under National and International copyright laws and Fair Use Provision Acts. Any violation of the above will result in prosecution to the fullest extent of the law. All Rights reserved whether written or implied.
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