Terms and Conditions

UPDATED ON October 27, 2020

1. Terms of Use

These terms of use together with the policies identified in Section 2 below (collectively referred to as the “Terms of Use”) constitute a legally binding agreement between you and us and serve to define the terms on which you may make use of our website www.realvision.com (our “Site”), and any other products or services of Real Vision. Use of our Site includes accessing, browsing, or registering to use our Site. The information on our Site is for personal, non-commercial use only. By using our Site, or any other products or services of Real Vision, you are indicating that you have read and accepted these Terms of Use and the documents referred to below. If you do not agree to these Terms of Use you may not use the Site.

If you subscribe to our Site through a corporate other group membership, the words “you” or “your” in these Terms of Use policy may apply (with the exception of references to notices or other communications from us or to payment and renewal matters) to each member of your corporate or other group membership account.

Please read these Terms of Use carefully before you start to use our Site, and we recommend that you print a copy of this for future reference.

2. Other Applicable Terms

These Terms of Use refer to the following additional terms, which also apply to your use of our Site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
Our Cookie Policy, which sets out information about the cookies on our Site.

3. Important Securities Disclaimer

Real Vision is a publisher. The Site, the Site content (the “Site Content”) and the information therein does not include, nor shall it be construed as including, advice, guidance or recommendations to take, or not to take, any actions or decisions in relation to any matter, including in relation to investments or the purchase or sale of any securities, shares or other assets of any kind. To the extent information obtained through the Site or the Site Content may be deemed to be investment advice, such information is impersonal and not adapted to any particular client, investor or investment program. You acknowledge that information obtained through the Site or the Site Content is not tailored for you or any specific person and should never be used as a substitute for financial or other professional advice. You should not treat any opinions or views expressed on the Site or in the Site Content as a recommendation to make any particular investment. Should you take any such action or decision based on information in the Site or the Site Content, you do so entirely at your own risk. Real Vision, its affiliates and their respective representatives shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site or the Site Content, and shall not be responsible or liable for any trading or investment decisions made based on such information. The views, thoughts, and opinions expressed by the individuals featured on the Site or in the Site Content are their own and do not reflect the views or opinions of Real Vision.

Past performance is not indicative of future results. Investments and strategies described on the Site and Site Content are speculative and involve significant risk. There is no guarantee that any strategy, investment or investment model discussed will be successful and actual results may differ substantially from any projections. Every investment has the potential for loss as well as profit.

The information contained within the Site Content is from sources which Real Vision believes to be accurate, including third party contributors. Real Vision does not independently verify information provided by third party contributors and makes no warranty as to the completeness or accuracy of information obtained from such third parties, nor can it accept responsibility for errors of such third parties appearing on the Site or in the Site Content.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. Employees of Real Vision and contributors to the Site may hold or trade in positions in securities or commodities mentioned on the Site for their own account.

Certain of the Site Content constitutes “forward-looking statements” which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “project,” “continue” or “believe” or the negatives thereof or other variations thereon or comparable terminology. Any projections, market outlooks or estimates on the Site are forward-looking statements and are based upon certain assumptions. Due to various risks and uncertainties, actual market events, opportunities or results or strategies may differ materially from those reflected in or contemplated by such forward-looking statements and any such projections, outlooks or assumptions should not be construed to be indicative of the actual events that will occur.

4. Registration, Account, and Password

In order to access certain Site Content and other products and services of Real Vision, you will have to create an account and become a member. Membership is offered for a period of 12 months from the date of subscription and will be automatically renewed for a 12 month term at the expiry of the initial term (unless you cancel your membership prior to the automatic renewal taking place). If you are not a member you may browse all areas of the Site or use the parts of the Services that are not limited to Members only. To become a subscribing member you must provide a valid payment method and other payment information at the time of registration. Please refer to Fees, Automatic Renewal and Termination below for further billing information. When you register, you will be asked to provide a username, password and/or other piece of information as part of our security procedures. You must treat such information as confidential. In particular, you are responsible for the privacy and safety of your password and you agree not to disclose it to a third party. By becoming a member (i) you agree to immediately notify us of any unauthorised use of your password, (ii) you warrant that all information provided by you (whether at time of registration or afterwards) is accurate, true and complete at the time it is given; (iii) you consent to the use of electronic means to provide you with any notices given pursuant to these Terms of Use, and (iv) you consent to the use of electronic records to store information related to our Site or Terms of Use.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Milton@realvision.com.

You access to any forums or community pages are privileges and not an essential part of any membership plan. We have the right to block/deny/restrict the usage of the same by you at any time for any reason, including without limitation, any misuse, use in any manner inconsistent with this Agreement or inappropriate conduct, including conduct which (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (iv) promotes illegal or harmful activities or substances, or encourages any conduct that would violate, any applicable law or regulation or (v) misappropriates or violates a third party’s any rights, or rights of publicity or privacy.

5. Fees, Automatic Renewal, and Termination

The day that you register to use our Site is the first day of your billing cycle. Your membership will be automatically renewed and billing will occur annually on a recurring basis on the anniversary date of your registration on our Site. As a courtesy to you, we aim to notify you 4 weeks in advance of the automatic renewal date. If we fail to notify you in advance of the automatic renewal (or if you do not receive that notice for any reason, including a failure on our part) that failure does not affect the automatic renewal process. Our legal agreement with you will automatically renew and we will automatically take payment for the renewed term of the agreement.

We reserve the right to adjust the price of membership at any time. By purchasing a membership you authorize us to charge the applicable fee amount at the time of purchase or activation (at our discretion) and annually thereafter. We reserve the right to change our billing format so that it is based on a set annual date rather than on the membership renewal date, and in such event we will pro rate the membership fee accordingly, and your continued membership will constitute our authority to charge the applicable fee amount according to any new billing format.

We use a third party company to perform membership payment functions on our behalf. In the event that we are informed by the third party payment company that your renewal fee has not been paid in full, you may be contacted by our third party payment company to rectify the payment issue and be asked to provide an alternative method of payment. In the event of a default in payment for any reason, we reserve the right to cancel your membership at any time thereafter or to continue your membership until the payment default is resolved.

You may cancel your membership at any time by contacting us using the details below under the heading “Contact us.” We reserve the right to cancel your membership in the event of non-compliance with any of these Terms of Use.

To cancel your membership, email us at Milton@realvision.com or contact us by post or courier to the address set out above under the heading Information About Us. Your cancellation notice will be deemed effective as follows: (i) if sent by email, then on the next business day, (ii) if sent by post, on the tenth business day following the date of posting, and (iii) if sent by courier service, on the business day following the courier service provider’s stated date of arrival.

You will not be entitled to a refund of the annual membership fee in the event that your membership is terminated part way through the year.

6. Changes to these Terms

We may modify any of these Terms of Use at any time by amending this page and we may at any time amend any of our policies referred to in these terms under Other Applicable Terms. Such amended Terms of Use and any amended policies shall govern our relationship. By continuing to access or use our Site after such modification of these terms, you agree to be bound by the modified Terms of Use. If any modified Terms of Use or modified policies are not acceptable to you, your sole remedy is to cease using our Site.

Please check this page from time to time to take notice of any changes we made, as they are binding on you. This page was last updated on October 27, 2020.

7. Changes to our Site

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

8. Accessing our Site

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with all of them.

9. Intellectual Property Rights

We are the owner or the licensee of, or otherwise have permission to use, all intellectual property rights on our Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

If any pages are permitted to be downloaded from our Site, you agree to not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you agree not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You must instruct all persons who access our Site through your internet connection to comply with these rules.

10. Limitation of our Liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Site; or
use of or reliance on any content displayed on our Site.

If you are a business, please note that in particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

The views, opinions, comments, information expressed by other users on our Site/community pages do not represent our views or values. Notwithstanding anything else in these Terms of Service, Real Vision should not be seen as endorsing any user content in any way. The user providing content is solely responsible for his/her own user content and is entirely responsible for any claims, loss or damages relating to such user content. Real Vision, its affiliates, and its and their officers, directors, employees, subsidiaries and/or affiliates, are not responsible for any content posted by any user. We do not investigate, monitor or check for accuracy or completeness of such content. You understand that by using the Site/community pages, you may be exposed to other users content that is offensive, indecent, or objectionable.

11. Rights You License

When you upload or post content to our Site, you grant the following licenses to us:

to modify, electronically reproduce and distribute, and publicly perform and display the content on our Site;
to reproduce and distribute through any media now known, or hereafter developed, excerpts of the content in advertisements for, and in marketing and promotional materials related to, our Site;

12. Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

13. 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.

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.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our Site other than that set out above, please contact content@realvision.com.

These rules and privileges regarding linking to our Site apply equally to each member of your corporate or other group membership account.

14. Third Party Links and Resources in our Site

Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those Sites or resources.

15. Indemnification

You agree to defend, indemnify, and hold us (and our officers, directors, employees and agents), harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable attorney’s fees and costs, arising from of or in any way connected with (i) access to or use of our Site by you and/or any member of your corporate or group membership or (ii) violation by you and/or any member of your corporate or group membership of these Terms of Use or of any third party right (for example but without limitation, an intellectual property right, publicity, confidentiality, property or privacy right).

16. General

For subscribers located in the United States: You agree that we have the exclusive legal and marketable rights to our Site’s content, which may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Nothing in these terms of use can be construed to provide any transfer of a copyright right or other intellectual property right regarding content from us to you. For purposes of this paragraph, a transfer of a copyright right includes, but is not limited to, a license or sale of content from us to you.
You may only view, print, download, or temporarily store content for personal use and may not sell or alter any content created by us. No license of our content is granted by the use of our Site by you.
You understand that we are providing our contents from our headquarters outside the United States. Nothing in these terms of use should be construed by you in such a way that the services are being performed in the United States by us or any permanent establishment of ours.

Applicable Law: These Terms of Use, its subject matter and its formation, are governed by Cayman Islands law. You and we both agree to that the courts of the Cayman Islands will have exclusive jurisdiction.

Severability and Waiver: If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions will continue to be of full force and effect. Our election not to enforce (immediately or otherwise) any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

17. Contact Us

To contact us, please email Milton@realvision.com.

Thank you for visiting our site.