Description of Services
In the Site, The RealReal provides users with access to sales of luxury resale items and art online and related services ("the Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Site Access
The RealReal grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in The RealReals sole discretion) an unreasonable or disproportionately large load on The RealReal"s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by The RealReal to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by The RealReal.
You are not permitted to access the Service or Site if you are under the age of 18 or if your account has been suspended or removed by The RealReal for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your RealReal account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Service or the Site.
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The RealReal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The RealReal has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify The RealReal immediately of any unauthorized use of your account or any other breach of security. The RealReal reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
The Site and Service may provide you and other users with the ability to send messages or post content (together, "Postings") to or for other users and non-users. The RealReal is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, The RealReal may from time to time monitor the Postings on the Site or Service and may decline to accept and/or remove any Postings. You acknowledge that you are responsible for any Postings you may submit through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through this Site any Posting that:
- is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
- may contain software viruses or malware;
- contains advertisements or solicitations of any kind, or other commercial content;
- is designed to impersonate others;
- contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
- contains messages by non-spokesperson employees of The RealReal purporting to speak on behalf of The RealReal or containing confidential information or expressing opinions concerning The RealReal;
- contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
- contains multiple messages placed within individual folders by the same user restating the same point;
- contains chain letters of any kind; or
- contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
Authentication and Brands
You acknowledge and agree that The RealReal’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with The RealReal in any manner. However, The RealReal fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods. See www.therealreal.com/authenticity.
Disclaimer of Warranty
All content, products, and services on the site, or available through the service, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The RealReal does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site or service by any party, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. other than as required under applicable consumer protection law, under no circumstance will The RealReal be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Limitation of Liability
You expressly understand and agree that The RealReal and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The RealReal has been advised of the possibility of such damages), resulting from use of the site, content or any related services.
You will indemnify and hold harmless The RealReal from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by The RealReal and such parties, and shall defend The RealReal and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. The RealReal will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of The RealReal.
The RealReal shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of The RealReal. In the event that The RealReal is temporarily unable to ship to you a purchased item because of such an event, The RealReal will give you the option of deferring shipment or receiving a refund of your charges.
The Site, Service or third parties may provide links to other websites or resources. Because The RealReal has no control over such sites and resources, you acknowledge and agree that The RealReal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that The RealReal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
MODIFICATION AND NOTIFICATION OF CHANGES
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of The RealReal and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of The RealReal or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.
Procedure for Claims of Intellectual Property Infringement
The RealReal respects the intellectual property of others, and we ask our users to do the same. The RealReal may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The RealReal’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The RealReal’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o The RealReal
660 4th St. #601
San Francisco, CA 94107
By email: email@example.com
The RealReal may update these addresses from time to time.
Survival of Terms After Agreement Ends
Notwithstanding any other of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time The RealReal may offer special promotional offers which may or may not apply to your The RealReal account. Headings are for reference purposes only and do not limit the scope or extent of such section. These TOS and the relationship between you and The RealReal will be governed by the laws of the State of California without regard to its conflict of law provisions. You and The RealReal agree to submit to the personal jurisdiction of the federal and state courts located in the County of San Francisco in the State of California with respect to any legal proceedings that may arise in connection with these TOS. The failure of The RealReal to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The RealReal does not guarantee it will take action against all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and The RealReal and governs your use of the Site and Service (other than applicable Additional Terms), superseding any prior agreements between you and The RealReal with respect to the Site or Service.
How to Contact Us
If you have any questions or comments about these TOS or this Site, please contact us by email at firstname.lastname@example.org.
You also may write to us at:
Attn: Legal Department
660 4th St. #601
San Francisco, CA 94107
POSTED JUNE 01, 2011; UPDATED OCTOBER 27, 2013. These TOS were modified on October 27, 2013 to reflect changes that include the following: (i) clarification that the TOS apply to the Service available through the Site, (ii) remove duplicative and overlapping provisions, (iii) clarify unclear provisions and correct scrivener’s errors, (iv) updates to The RealReal’s contact information, (v) revisions to your obligations with respect to Postings, (vii) addition of a provision regarding aspects of the limitation of liability and (vi) the jurisdiction for disputes.