Burgess COMMENTARY

Peter Burgess

RealPlayer Cloud Terms Of Service and Privacy Policy 1.Terms of Service 2.Privacy Policy Terms Of Service IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This Terms of Service Agreement ('Agreement') is a legal agreement between you ('You') and RealNetworks, Inc. ('RN' or 'RealNetworks') governing Your use of RealPlayer Cloud , including the cloud services and software applications ('Software'). RealNetworks, Inc. is a Washington State corporation and these Terms of Service are governed by the laws of Washington State. By clicking on the 'I Agree' button, clicking the acceptance check-box, installing, or otherwise using the Software, You agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE 'CANCEL' BUTTON AND DO NOT INSTALL OR OTHERWISE USE THE SOFTWARE. RN'S USE OF PERSONAL INFORMATION YOU PROVIDE TO REALNETWORKS AND USAGE DATA IS GOVERNED BY THE REALNETWORKS PRIVACY POLICY AT http://www.realnetworks.com/company/privacy/index.html. 1.GRANT OF LICENSE. RN hereby grants to You a non-exclusive license to download and use the Software and any related documentation ('Documentation') subject to the terms and conditions of this Agreement, including but not limited to the following terms: a.You may not: permit other individuals to use the Software except under these terms; modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Software or Documentation; copy the Software or Documentation; rent, lease, transfer, or otherwise purport to transfer rights to the Software or Documentation; or remove any proprietary notices or labels on the Software or Documentation. Any such forbidden use shall immediately terminate Your license to the Software. b.Any recording, conversion, playback and download features of the Software are intended only for use with public domain or properly licensed content. You may require a copyright or other license from a third party to create, convert, copy, download, record or save content files for playback by this Software or to distribute such files to be played back by the Software. c.You may only use the Software in a manner that complies with all applicable laws in the jurisdictions in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. d.You may not use the Software in an attempt to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. 2.CONSENT TO USE OF DATA: You agree that RealNetworks may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Software. RN may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. 3.TERMINATION. The Agreement is effective until terminated by You or RealNetworks. Your rights under this Agreement will terminate automatically without notice from RN if You fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, You shall cease all use of the Software, and destroy all copies, full or partial, of the Software. 4.CLOUD SERVICES. The Software may be used to access RealPlayer Cloud ('Services'). RealPlayer Cloud is the first all-in-one solution that makes video truly user-friendly to move, watch and share. With one touch, video can be moved and watched between any mobile device, TV or computer. All videos and other media files You use with the Services are Your 'Videos.' Use of the Services requires a computer or mobile device with Internet access. You are responsible for paying any charges associated with Your computer and other devices on which You use and access the Services. You are permitted up to 25 simultaneous log-ins to Your account. RN may change the permitted number of log-ins with notice to You. Depending on the features and storage capacity You select, use of the Services may require a fee, which You may pay as an in-app purchase via the Software or through an Internet browser. RealNetworks may alter or discontinue certain features or fees with notice to You. For purposes of carrying out Your instructions and settings with the Service, You authorize RN to: a.access Your computer or mobile device to the degree necessary to carry out Your requested action(s) and; b.Make copies of, make derivative works of to ensure compatibility, publically perform, display and transmit Your videos. RealNetworks does not obtain any ownership rights in the Videos You download, upload, store, or share using the Services. You are solely responsible for the legality of the videos You use with the Services. You agree to indemnify RN from third party claims relating to or arising out of Your use of the Software or the Services or the content of Your Videos. You acknowledge that RN does not have any obligation to monitor the Videos, but has the right to do so for the purpose of operating the Services, ensuring compliance with this Agreement, and/or to ensure compliance with applicable law or the order or requirement of a court, administrative agency or other governmental body. RN reserves the right to remove any Videos that violate the terms of this Agreement, to terminate access to the Services, or to terminate this Agreement for any end user who violates the provisions of this Section 4. You acknowledge that RN does not claim any ownership rights in any of Your Videos and is not responsible for the accuracy, completeness, appropriateness, or legality of the Videos, and RN does not endorse anything contained or expressed in the Videos. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against RN with respect thereto. You acknowledge that RN may remove videos of canceled, unused, or unpaid accounts without notice to You. 5.TITLE. Title, ownership, rights, and intellectual property rights in and to the Software, Services, and Documentation shall remain in RN. The Software is protected by the copyright laws of the United States and international copyright treaties. 6.APP STORE. PURCHASES FOR PREMIUM VERSIONS OF REALPLAYER CLOUD ARE GOVERNED BY THE TERMS OF SERVICE OF THAT APP STORE, WHICH ARE INCORPORATED BY THIS REFERENCE. REALNETWORKS HAS NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE FOR ANY MATTER OR DISPUTE RELATED TO AN APP STORE. 7.NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ('PERFORMANCE') ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PERFORMANCE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. RN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PERFORMANCE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PERFORMANCEWILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PERFORMANCEWILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PERFORMANCEWILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RN OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 8.LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL RN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF RN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall RN’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9.INDEMNIFICATION. This Software is intended for use only with properly licensed media, content, and content creation tools. You are solely responsible for the legality of the videos You use with the Services. You agree to indemnify RN from third party claims relating to or arising out of Your use of the Software or the Services or the content of Your Videos. It is Your responsibility to ascertain whether any copyright or other agreements are necessary and to obtain any such licenses to serve and/or create, compress, convert, or download such media and content. You agree to record, convert, play back and download only those materials for which You have the necessary copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend RN, its officers, directors, agents and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that You have (i) viewed, downloaded, uploaded, stored, encoded, modified, converted, compressed, copied or transmitted any materials (other than materials provided by RN) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this Agreement. 10.NO ASSIGNMENT. This Agreement is personal to You, and may not be assigned without RN's express written consent. 11.TECHNICAL SUPPORT. Technical support for the Software, as made available by RN, is described at RN's technical support website: http://support.real.com/. 12.EXPORT AND COMPLIANCE WITH LAWS. You may not use or otherwise export or re-export RealPlayer except as authorized by United States law and the laws of the jurisdiction in which RealPlayer was obtained. In particular, but without limitation, RealPlayer may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use RealPlayer for any purposes prohibited by United States law. 13.U.S. GOVERNMENT END USERS. RealPlayer and related documentation are 'Commercial Items,' as that term is defined at 48 C.F.R. §2.101, consisting of 'Commercial Computer Software' and 'Commercial Computer Software Documentation,' as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. 14.ARBITRATION AND DISPUTE RESOLUTION. PLEASE CLICK HERE TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS, INCORPORATED HEREIN BY REFERENCE. READ THOSE PROVISIONS CAREFULLY. THEY AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND REALNETWORKS IS RESOLVED. 15.This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by You, whether formally rejected by RN or not. The acceptance of any purchase order You place is expressly made conditional on Your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by You except in a writing duly signed by You and an authorized representative of RN. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be severable only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Copyright (c) 1995-2014 RealNetworks, Inc. and/or its suppliers and licensors. 1501 1st Ave. South, Suite 600, Seattle, WA 98134 U.S.A. All rights reserved. RealPlayer, RealNetworks, RealPlayer Plus, are registered trademarks or trademarks of RealNetworks, Inc. This software uses libraries from the FFmpeg project under the LGPLv2.1, RealNetworks does not own the software library from FFmpeg, which may be found at http://ffmpeg.org/. Last modified: February 3, 2014 Privacy Policy REALNETWORKS, INC., AND AFFILIATED ENTITIES This Privacy Policy covers RealNetworks, Inc., its majority-owned affiliates and worldwide subsidiaries, and RealNetworks divisions operating under different trade names, including GameHouse and Zylom (collectively 'RealNetworks' or 'RN'). RealNetworks is committed to protecting the privacy of your personal information. This Privacy Policy explains how RealNetworks collects and utilizes both personal and non-personal information when you use our products, services and websites. Details regarding specific topics may be found via the topic index. WHY DO WE COLLECT PERSONAL INFORMATION? RealNetworks collects personal information to improve the manner by which we operate and offer our products and services, communicate with you, and provide effective customer support. We will not share your personally identifiable information with third parties without your consent, unless necessary for the purposes set forth in this Privacy Policy. WHAT PERSONAL INFORMATION DO WE COLLECT? •Personal information specifically identifies an individual and may include: name; email address; credit card information; mailing address; and phone number. •RealNetworks does not intentionally collect personally identifiable information from children under the age of 13. HOW DO WE USE YOUR PERSONAL INFORMATION? RealNetworks uses your personal information to: •Deliver to you and bill you for RealNetworks products and services, and communicate with you concerning your account and customer service issues; •Verify access rights to premium content or other access-restricted services and software; •Ask you to participate in surveys; •Offer you product upgrades, content, services and games; •Auto-update downloaded products; and •Provide you with news, updates, targeted advertising, promotions, and special offers. WHAT NON-PERSONAL INFORMATION DO WE COLLECT? We collect non-personal information that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are examples of non-personal information that we collect: •Information about your computer, hardware, software, platform, mobile device, Internet Protocol (IP) address; •Language preference; •Gender; •Anonymous information regarding customer activities on our websites, which is aggregated and considered non-personal information for purposes of this Privacy Policy. HOW DO WE USE YOUR NON-PERSONAL INFORMATION? •Improve our software and services by providing content recommendations, language and location customization, targeted advertising and/or personalized help and instructions. •Determine if you meet the minimum system requirements to use our products, and provide information concerning compatibility and interoperability; •Track content use for the purpose of paying royalties and license fees to third party providers; •Better understand how our products are used. We also may share or disclose your personal information or the content of files you upload using RealNetworks' products or services to comply with the law or respond to legal process or lawful requests, including from law enforcement and government agencies. THIRD PARTY ADVERTISING – GENERAL We allow third-party advertising companies to serve ads when you visit our websites or interact with our products or services. These companies use non-personal information about your visits in order to provide advertisements of interest to you. We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g. click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. For more information regarding our advertising and use of cookies on the RealNetworks websites, click here. HOW DO WE KEEP YOUR PERSONAL INFORMATION SECURE? RealNetworks is committed to protecting your personal information. We use the following controls to protect your personal information: •Use of secure connections using SSL to safeguard information when transmitted from your Web browser to RealNetworks; •Use of security controls to restrict access to databases housing personally identifying information; •Use of encryption for sensitive personal information, such as credit card numbers and user names; •Limited employee access to databases containing personal information and confidentiality requirements imposed upon employees who do; and •Subcontractors bound by contractual, technical and organizational measures. PRIVACY ON SOCIAL NETWORKING SITES When you use a RealNetworks product or game through a Social Networking Site such as Facebook ('SNS'), you allow RealNetworks to access certain personal and non-personal information that you provided to such SNS such as your user ID, first and last name, profile picture, and usage data for that product or game. By accessing a RealNetworks product or game through an SNS, you are authorizing RealNetworks to collect, store and use all information that you agreed the SNS could provide to RealNetworks through the SNS. RealNetworks' collection, storage and use of your information is governed by this Privacy Policy. WHEN AND HOW DO WE SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES? RealNetworks does not use your personal information for purposes incompatible with those listed above. In some cases, access to certain products and services may require the provision of personal information to a third party. In such cases, this will be stated during the registration process, in the terms of use, through the distribution process, or in a similar manner. The third party's use of such information is governed by that party's privacy policy. Please visit the privacy policy of the third party to make sure you understand how they use the personal information you provide to them. If you do not wish for such a transfer to take place, you should not register for the applicable product or service. Additionally, RealNetworks may be required to provide specific access and usage information to certain content providers and rights holders as a condition of content licensing and royalties. RealNetworks may disclose relevant information about our customers to our contractors in order for them to provide specific services for RealNetworks. RealNetworks contractors are bound to keep all personal information they process confidential. RealNetworks may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on RealNetworks; (d) protect and defend the rights or property of RealNetworks; or (e) act in urgent circumstances to protect the personal safety of users of RealNetworks products or the public at large. This Privacy Policy does not govern other sites that are linked to one of RealNetworks' websites, products, or services. E-MAIL FROM REALNETWORKS Separate RealNetworks products, services and lines of business may send separate newsletters and marketing emails to you. You may opt out of receiving RealNetworks marketing messages. If you create an online account with RealNetworks, you can change your account setting to select whether you wish to receive marketing messages. However, we may continue to send you e-mail about products or services you have previously purchased or to inform you about critical technical service issues relating to a RealNetworks product or service. HOW TO ACCESS AND UPDATE YOUR PERSONAL INFORMATION To access your account information and preferences, select 'Manage My Account' from the menus in the RealPlayer (usually under the 'Help' menu) or other RealNetworks consumer software. Sign in to your account and modify your information and preferences as needed. If you created an account with RealNetworks, you may review and update your account on the web at www.real.com or by selecting 'My Account,' and logging in using your name and password. If you have forgotten a username or password, you can use our online help resources or contact customer service at: 1-866-420-5780 Monday - Friday, 8 am - 5 PM Pacific Time. USE OF COOKIES We use cookies, web beacons, pixel tags, and similar technologies to provide you with a tailored experience. For more information on our use of cookies, please see our cookie policy. CHANGES TO OUR PRIVACY POLICY We frequently revise this Privacy Policy to keep it up to date with RealNetworks products, services and Web pages. TRANSFER OF DATA TO OTHER COUNTRIES RealNetworks processes information about our users on servers located in a number of countries. We may also subcontract processing or share your information to third parties located in countries other than your home country. Information collected by RealNetworks in the United States may, for example, be transferred to and processed in a country outside of the United States. Information collected within the European Economic Area and Switzerland may, for example, be transferred to, and processed in a country outside of the European Economic Area and Switzerland. You expressly consent to the foregoing. SAFE HARBOR RealNetworks complies with the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks and has certified its personal information practices with the U.S. Department of Commerce under the Safe Harbor Program to ensure that your personal information is protected adequately in the event that your data is processed for the purposes of your agreement with us by a RealNetworks company in the United States. Should you want more information on the Safe Harbor principles, please go to: http://www.export.gov/safeharbor. If we require a RealNetworks company to process your data for the purposes of payment for goods and services this RealNetworks company will be RealNetworks, Inc., E Commerce LL; P.O. Box 91123, Seattle, Washington 98111-9223. The following data may be turned over to this company solely for the purpose of processing the payment transaction: your name, bank account, and amount to be charged. You have a right of access and rectification with regard to such data; to exercise these rights, or for other data privacy questions, please contact/send an email to: privacy@realnetworks.com. If you are a European resident and your data privacy complaint was not satisfactorily addressed by RealNetworks, you may contact the data protection authorities in the relevant jurisdiction. A list of data protection authorities is available at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm RealNetworks has agreed to participate in the dispute resolution procedures of the panel established by the European Union data protection authorities to resolve disputes pursuant to the Safe Harbor Privacy Principles, as well as to cooperate and comply with the Federal Data Protection and Information Commissioner of Switzerland. NO ERROR FREE PERFORMANCE RealNetworks does not guarantee error-free performance under this Privacy Policy. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply. RealNetworks shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy. This Privacy Policy shall be governed by the laws of the United States. CONTACT US ABOUT PRIVACY If you have questions about the privacy aspects of our products or services, the information concerning you that RealNetworks has retained, or would like to make a complaint, please contact: Privacy Policy Group RealNetworks, Inc. P.O. Box 91123 Seattle, WA 98111-9233 https://realnetworks.zendesk.com/anonymous_requests/new SPECIFIC TOPICS For more information concerning specific functionality that may be relevant to privacy issues, visit our: http://www.realnetworks.com/privacy-policy/specific-topics.aspx Last modified: September 25, 2013 © 2014 RealNetworks Help Legal Pricing Policy Copyright Coupons Feedback English