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08/26/2007 08:01:46 AM -0500
PLEASE READ
THESE TERMS OF USE CAREFULLY BEFORE USING THE YOUREHOMES.COM REALTY
WEB SITE, THE
NEIGHBORHOOD NEWSLETTER, "ASK YOUR NEIGHBOR" (ANY), OR ANY OTHER
ASPECT OF THE COMMUNITY LINK (CL) NEIGHBORHOOD TO NEIGHBORHOOD PROGRAMS,
CLASSIFIED ADS, DISCUSSION FORUMS OR BLOGS, WIN CASH OR ANY
PROGRAMS, OR MARKETING DATA.
1. Acceptance of Terms
YoureHomes.com REALTY, Community Link Neighborhood to Neighborhood ("CL"), in conjunction
with a Sponsor or Sponsors, provides a collection of online
resources, including an interactive neighborhood website (which
includes classified ads, a photo sharing area, a local real estate
information and much more), a neighborhood newsletter, discussion
forums, and various email services, including Classified Ads,
Teacher of the Month, Programs and tools (collectively referred to hereafter as "the Service") subject to the
following Terms of Use ("Terms"), which may be updated by the
Webmaster of this site ("CL") from time to time. You can review the
most current version of the Terms at: http://www.YoureHomes.com/TermsofUse.htm.
By using the Service in any way, you are agreeing to comply with
these Terms and any updates hereto. In addition, when using
particular CL services, you agree to abide by any applicable posted
guidelines for all such services, which may change from time to
time. Should you object to any term or condition of these Terms, any
guidelines, or any subsequent modifications thereto or become
dissatisfied with CL in any way, your only recourse is to
immediately discontinue use of the Service.
2. Content
You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials ("Content") posted on,
transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More
specifically, you are entirely responsible for all Content that you
post, email or otherwise make available via the Service. While CL
does pre-screen resident-submitted Content before placing it on the
site, neither CL nor the Sponsor(s) takes on any obligation or duty
with respect to this Content. Neither CL nor the Sponsor(s) controls
the Content, nor are they responsible for Content made available
through the Service. User acknowledges that by using the Service,
you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the
components of the Service and Content available through the Service
may contain links to other websites, which are completely
independent of CL. CL and its Sponsor(s) make no representation or
warranty as to the accuracy, completeness or authenticity of the
information contained in any such site. Linking to any other
websites as part of the Service is done at your own risk. You agree
that you must evaluate, and bear all risks associated with, the use
of any Content, that you may not rely on said Content, and that
under no circumstances will CL or its Sponsor(s) be liable in any
way for any Content or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed or otherwise
made available via the Service. You acknowledge that CL and its
Sponsor(s) shall have the right (but not the obligation) in its sole
discretion to refuse, delete or move any Content that is available
via the Service, for violating the letter or spirit of the Terms,
the applicable guidelines or for any other reason.
3. Notification of Claims of
Infringement
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 notify CL's agent for
notice of claims of copyright or other intellectual property
infringement ("Agent"), at
Webmaster
Please provide us the following Notice:
1. Identify the copyrighted work or other intellectual property that
you claim has been infringed;
2. Identify the material on the Service that you claim is infringing,
with enough detail so that we may locate it on the website;
3. 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;
4. A statement by you declaring under penalty of perjury that (a) the
above information in your Notice is accurate, and (b) that you are the
owner of the copyright interest involved or that you are authorized to
act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
CL will take the appropriate steps once it has received this
information.
4. Privacy Policy and Information
Disclosure
CL has established a Privacy Policy to explain to users how its
information is collected and used,
click
here to view our Privacy Policy. Your use of the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further
acknowledge and agree that CL may, in its sole discretion, preserve or
disclose your Content, as well as your information, such as email
addresses, IP addresses, timestamps, and other user information, if
required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with
legal process; enforce these Terms; respond to claims that any Content
violates the rights of third-parties; or protect the rights, property,
or personal safety of CL, its users or the general public.
Community Link or people who post on the neighborhood sites, may
provide links to third party websites, which may have different
privacy practices. We are not responsible for, nor have any control
over, the privacy policies of those third party websites, and
encourage all users to read the privacy policies of each and every
website visited.
5. Conduct
By way of example, and not as a limitation, you agree that CL may
remove Content or terminate your account, without notice, if CL
believes, in its sole discretion, that you, have posted, emailed or
otherwise made available Content:
* that is unlawful, harmful, threatening, abusive, harassing,
defamatory, pornographic, libelous, invasive of another's privacy, or
harms minors in any way;
* that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
* that impersonates any person or entity, including, but not limited
to, a CL employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity;
* that includes personal or identifying information about another
person without that person's explicit consent.
* that is false, deceptive, misleading, deceitful, or constitutes
"bait and switch";
* that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party, or Content that you do not have
a right to make available under any law or under contractual or
fiduciary relationships.
* that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement.
* that constitutes or contains any form of advertising or solicitation
if (1) posted in areas of the CL sites which are not designated for
such purposes; or (2) emailed to CL users who have requested not to be
contacted about other services, products or commercial interests.
* that advertises any illegal services or the sale of any items the
sale of which is prohibited or restricted by applicable law, including
without limitation items the sale of which is prohibited or regulated
by law
* 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;
* that disrupts the normal flow of dialogue with an excessive number
of messages (flooding attack) to the Service, or that otherwise
negatively affects other users' ability to use the Service; or
* that employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin of
Content transmitted through the Service.
Additionally, you agree not to:
* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harass anyone;
* collect personal data about other users for commercial or unlawful
purposes;
* use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from the Service -- an
exception is made for internet search engines (e.g. Google) and
non-commercial public archives (e.g. archive.org) that comply with our
robots.txt file; or
* attempt to gain unauthorized access to CL computer systems or engage
in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service
or the CL website.
6. Use of Service by Minors
CL and its Sponsors are concerned about the safety and privacy of all
of its users, particularly children. To that end, parents of children
under the age of 13 who wish to allow their children to access the
Service must authorize that access. When you provide access to the
Service to your child, you certify that you are at least 13 years old
and that you are the legal guardian of the child/children and that you
give your child permission to access all of the Service. Please
remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to
determine whether any of the Services and/or Content are appropriate
for you child.
7. No Spam Policy
You understand and agree that sending unsolicited email advertisements
to CL email addresses or through CL computer systems is expressly
prohibited by these Terms. Any unauthorized use of CL computer systems
is a violation of these Terms and certain federal and state laws,
including without limitation the Computer Fraud and Abuse Act (18
U.S.C. ? 1030 et seq.). Such violations may subject the sender and his
or her agents to civil and criminal penalties.
8. Limitations on Service
You acknowledge that CL may establish limits concerning use of the
Service, including the maximum number of days that Content will be
retained by the Service, the maximum number and size of postings,
email messages, or other Content that may be transmitted or stored by
the Service, and the frequency with which you may access the Service.
You agree that CL has no responsibility or liability for the deletion
or failure to store any Content maintained or transmitted by the
Service. You acknowledge that CL reserves the right at any time to
modify or discontinue the Service (or any part thereof) with or
without notice, and that CL shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the
Service.
9. Termination of Service
You agree that CL, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or
IP address, or otherwise terminate your access to or use of the
Service (or any part thereof), immediately and without notice, and
remove and discard any Content within the Service, for any reason,
including, without limitation, if CL believes that you have acted
inconsistently with the letter or spirit of the Terms. Further, you
agree that CL shall not be liable to you or any third-party for any
termination of your access to the Service. Further, you agree not to
attempt to use the Service after said termination. Sections 2, 4, 6
and 9-13 shall survive termination of these Terms.
10. Interaction with organizations and individuals your interactions
with organizations and/or individuals found on or through the Service,
including requests for real estate or financial advice from a Sponsor,
payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or
individuals. You agree that CL shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site, or
between users and any third party, you understand and agree that CL is
under no obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release CL, its
officers, employees, agents and successors in rights from claims,
demands and damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and
/ or our service.
11. Proprietary rights
The Service is protected to the maximum extent permitted by copyright
laws and international treaties. Content displayed on or through the
Service is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the Sites or the collective work is
prohibited. Copying or reproducing the sites or any portion thereof to
any other server or location for further reproduction or
redistribution is prohibited. You further agree not to reproduce,
duplicate or copy Content from the Service, and agree to abide by any
and all copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without limiting
the foregoing, you agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any aspect of the
Service. Connecting Neighbors is a registered mark in the U.S. Patent
and Trademark Office.
Although CL does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the
right to grant, to CL an irrevocable, perpetual, non-exclusive, fully
paid, unrestricted, worldwide license to use, copy, perform, display,
and distribute said Content and to prepare derivative works of, or
incorporate into other works, said Content, and to grant and authorize
sublicenses (through multiple tiers) of the foregoing. The foregoing
grants shall include the right to exploit any proprietary rights in
such Communication, including but not limited to rights under
copyright, trademark, service mark, or patent laws under any relevant
jurisdiction.
12. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. CL AND THE SPONSOR EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
CL AND THE SPONSOR MAKES NO WARRANTY THAT
(A) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE
OR RELIABLE,
(D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR
(E) THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
CL AND THE SPONSOR MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES OR
THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS
RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE
TO YOU COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE SPONSOR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF SERVICE.
13. Limitation of Liability
Under no circumstances, including, but not limited to, negligence,
shall CL, its customer or its affiliates be liable to you for any
damages of any kind (including, but not limited to, compensatory
damages, lost profits, lost data or any form of special, incidental,
indirect, consequential or punitive damages whether based on breach of
contract or warranty, tort, product liability or otherwise) that
result from the use of, or the inability to use, this Service or the
Content. You specifically acknowledge and agree that CL is not liable
for any defamatory, offensive or illegal conduct of any user. If you
are dissatisfied with the CL Service, or with any of CL terms and
conditions, your sole and exclusive remedy is to discontinue using the
Service.
14. Indemnification
You agree to indemnify, defend and hold harmless CL and the Sponsor
from any loss, liability, claim, demand, damage, or expenses
(including reasonable attorney's fees) asserted by any third party due
to or arising from or in connection with: (a) the Content you upload,
submit, post, or transmit through the Service; (b) your use of the
Service; (c) your connection to the Service; (d) your violation of the
Terms of Service, or (e) your violation of the rights of another. CL
and the Sponsor reserve the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, which shall not excuse your indemnity
obligations.
15. Changed Terms
CL reserves the right at its discretion to change or modify these
Terms and Conditions or to impose new conditions at any time. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by any lawful
means including, without limitation, posting of such changes on this
page.
16. Sponsor Trademarks
Among other things, the Sponsor's logo and name are trademarks of the
Sponsor. You agree that you will not, without prior written
permission, display or use in any manner these trademarks.
17. Miscellaneous
The failure of the Sponsor to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver of
such right or provision. If any provision of the Terms of Service is
found by a court of competent jurisdiction to be invalid, then such
provision(s) shall be construed, as nearly as possible, to reflect the
parties' intentions, and the other provisions of the Terms of Service
shall remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or to the Terms of
Service must be filed within one (1) year after such claim or cause of
action arose or be forever barred. The section titles in the Terms of
Service are for convenience only and have no legal or contractual
effect or significance.
18. Violations of Terms of Use
Please report any violations of the Terms of Service to CL at the
following address:
yourehomes1@yahoo.com
19. Feedback: Please provide any feedback regarding this Terms of Use
to CL at
yourehomes1@yahoo.com
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