All use of online information, photos, videos, graphics and other content (collectively the "CONTENT") at www.MultifamilyBiz.com (the "Site") is subject to the terms and conditions set forth below which you agree to abide by upon engaging in any of the following actions on the Site: completing the registration process, which includes clicking the Terms of Service Agreement acceptance "button"; using CONTENT; and/or downloading or copying anything from the Site. In engaging in any of the foregoing actions, you represent that you are 18 years old or older.
MultifamilyBiz, L.L.C. ("OWNER"), the owner of the Site, reserves the right to change the terms of this agreement at any time. Changes will be posted on the Site. Use of CONTENT following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.
"You" or "User" refers to the person who completed the registration process or is otherwise using CONTENT at the Site. "CONTENT" includes, among other things: "MultifamilyBiz.com Content" which means information entered into CONTENT by employees and authorized representatives of Owner; and "Other Content" which means any other information entered into the Site by Users or other persons.
Owner hereby grants you a non-exclusive, non-transferable license to access and use CONTENT for the fees and under the terms described in this Agreement. Only one person at a time may access CONTENT using the User's screen name and password without the prior consent of OWNER. The User may, free of charge and on an occasional basis, make up to 10 copies in paper form of an individual article appearing in CONTENT for non-commercial use provided the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice indicating that CONTENT is the source of the material. For all other hard copy uses please contact us using our Contact Form for information or instructions. Fees are determined by the extent of use. The User may not disseminate any portion of CONTENT through electronic means, including mail lists or electronic bulletin boards, without the prior consent of OWNER. Click to buy an e-print or reprint of a specific MultifamilyBiz.com story, photo or video. Add news from MultifamilyBiz.com to your website for FREE with our RSS headline feed. Obtain consent for special arrangements regarding electronic distribution by contacting us using our Contact Form.
Except as expressly permitted in this Agreement, CONTENT may not be reproduced, transmitted, or distributed without OWNER's permission. The User may not commingle any portion of CONTENT with any other information and shall not edit, modify, or alter any portion. All MultifamilyBiz.com CONTENT is either the property of OWNER or is licensed to OWNER. The User shall honor all reasonable requests by OWNER to protect OWNER's proprietary interests in CONTENT.
In addition, User may not:
1. Use CONTENT for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
2. Use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of CONTENT, any data or content found on or accessed through CONTENT, or any other CONTENT information without prior express written consent of OWNER;
3. Obtain or attempt to obtain through any means any materials or information on CONTENT that has not been intentionally made publicly available either by public display on CONTENT or through accessibility by a visible link on CONTENT;
4. Violate any measure employed to limit or prevent access to CONTENT or its content;
5. Violate the security of CONTENT or attempt to gain unauthorized access to CONTENT, data, materials, information, computer systems or networks connected to any server associated with CONTENT, through hacking, password mining or any other means;
6. Impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
7. Interfere with, attempt to interfere with or otherwise disrupt the proper working of CONTENT, any activities conducted on or through CONTENT or any servers or networks connected to CONTENT, including accessing any data, content or other information prior to the time that it is intended to be available to the public on CONTENT;
8. Take or attempt any action that, in the sole discretion of CONTENT, imposes or may impose an unreasonable or disproportionately large load or burden on CONTENT or the infrastructure of CONTENT.
9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;
10. Disobey any requirements, procedures, policies or regulations of networks connected to CONTENT;
11. Use CONTENT to stalk or harass another.
The User grants to OWNER the non-exclusive right to use all material entered into CONTENT by the User (other than third-party material transmitted through private electronic mail) in any print or electronic publications at the Site. In this regard:
1. Users entering material into CONTENT are responsible for the content of that material.
2. OWNER has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from CONTENT.
3. OWNER retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which OWNER deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.
4. You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through CONTENT that:
a. Is promotional in nature, including solicitations for funds or business, without the prior written authorization of OWNER, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;
b. Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
c. You do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
e. 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;
f. Is harmful to minors.
1. In order for you to submit video content to MultifamilyBiz.com, you must agree to the terms and conditions shown below. By clicking on the "Agree" link below, you agree that you have read and understand the terms and conditions and that you agree to those terms and conditions. If you do not agree with those terms and conditions, click the "Cancel" button below, and do not attempt to submit your video.
2. In submitting a video to MultifamilyBiz.com, you acknowledge and agree with MultifamilyBiz, L.L.C. (the "Owner"), that:
a. User-submitted videos will appear on the MultifamilyBiz.com website and may be seen on other areas of the Site.
b. All video and other uploads from you must conform to the MultifamilyBiz.com Terms of Service and the guidelines outlined below.
c. You are at least 18 years of age prior to upload of content for use on MultifamilyBiz.com.
d. You will not use MultifamilyBiz.com to host or publish links to content that violates its policies, including text, communications, software, images, sounds, data or other information that—
• Contains content that would typically not be shown to users under 18 years of age,
• Contains content that portrays graphic violence, language or other acts resulting in serious injury or death, including those of a sexual nature,
• Contains personal information not your own and/or posted without permission,
• Is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation,
• Is illegal or incites illegal activity,
• Contains sexually explicit images of a pornographic or obscene nature, and/or material harmful to minors, and/or
• Advertises and/or promotes the sale of products or services prohibited on MultifamilyBiz.com including, without limitation lotteries, ammunition, firearms, fireworks and other explosive materials, tobacco, alcohol, adult products and services such as phone sex and escort services, illegal products and services, and other products and services Owner deems in its sole discretion to be inappropriate for MultifamilyBiz.com.
e. MultifamilyBiz.com is a business-to-business platform for its commercial users and members to share and display their videos that are related to the multifamily industry and may also be an outlet to showcase products, promote companies, demonstrate new technology and match buyers with sellers. In so doing, Owner does not endorse, approve or recommend any of these products, companies, technologies or activities in videos displayed on MultifamilyBiz.com, except as may be specifically shown by Owner in writing.
e. The screen name you use to post a video will appear with your video and its description and title. You may only post videos that you have created or that you have permission to post and agree not to post videos that contain unauthorized and/or material protected by copyright, trademark, patent or other legal protection for intellectual property.
f. MultifamilyBiz.com has the right to enforce these Video Standards in its sole discretion. We reserve the right to remove, without notification, content that does not comply with MultifamilyBiz.com Terms of Service or
g. MultifamilyBiz.com Video Standards. Owner.com reserves the right to make changes to these standards at any time and we encourage users to check this document periodically for updates.
3. In consideration of your submitting video and/or other content to MultifamilyBiz.com, you hereby grant Owner, its successors, permitted assigns, licensees and legal representatives the irrevocable, perpetual and worldwide right, directly or indirectly, to publicly or privately use, reproduce, edit, market, store, distribute, display, communicate, perform, transmit, promote and/or create derivative works based upon the Content, or any portion thereof. In that regard:
a. You acknowledge and agree that Owner owns all right, title, and interest in any compilation, collective work, or other derivative work created by Owner using or incorporating the Content;
b. You represent and warrant that (i) the Content does not and shall not infringe on any copyright or any other third-party right nor violate any applicable law or regulation, and (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity;
c. Owner may exercise its rights through the MultifamilyBiz.com brand service and any other products or services as Owner may designate in its sole discretion, and any other Web sites not designated by Owner, in any medium now known or hereafter devised, online or offline and by any means of delivery;
d. Owner may exercise its rights for editorial, commercial, promotional and all other purposes, and you acknowledge and agree that the Content may be shown on any Internet or website, whether within or outside the MultifamilyBiz.com service;
e. Owner is not obligated to include the Content on MultifamilyBiz.com or any program, and Owner reserves the right to remove the Content for any reason at its sole discretion;
f. Owner does not guarantee that technical difficulties will not occur during the upload of the Content or that the Content will upload successfully;
g. You hereby release Owner, its successors, permitted assigns, licensees and legal representatives from, and agree to hold them harmless from any third-party claim arising from use of the Content by Owner or otherwise;
h. You hereby waive any right to privacy from use of the Content by Owner, its successors, permitted assigns, licensees and legal representatives, any right to inspect or approve uses of the Content, and any right to be compensated for any such uses.
If you see any violations of these terms and conditions on CONTENT, please report them by using our Contact Form.
The User agrees to indemnify OWNER from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which OWNER, its affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into CONTENT with the use of the User's screen name or password. OWNER reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify OWNER in which event the User shall have no further obligation to indemnify with respect to that particular matter.
OWNER MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING CONTENT NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH CONTENT. OWNER SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL MULTIFAMILYBIZ, OWNER NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF CONTENT. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST MULTIFAMILYBIZ OR OWNER OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO USE OF CONTENT SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO MULTIFAMILYBIZ FOR USE OF CONTENT DURING THE PREVIOUS TWELVE (12) MONTHS (OR IF YOU HAVE SUBSCRIBED FOR FEWER THAN TWELVE (12) MONTHS, DURING THE TIME SINCE THE USER'S SUBSCRIPTION BEGAN).
As part of the registration process, you must select a screen name and password and provide MultifamilyBiz.com with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User's access.
MultifamilyBiz.com may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from MultifamilyBiz.com that may be of interest to you. In addition, MultifamilyBiz.com may provide aggregated, anonymous statistical information about CONTENT users to other persons, including potential advertising clients.
This Agreement will continue until terminated by either OWNER or you. The Agreement can be terminated by either party by notifying the other party by electronic mail of the decision to terminate. OWNER may discontinue or change CONTENT, or its availability to you, at any time.
You agree to pay all fees and charges incurred in connection with your User name and password, including applicable taxes and communications or access charges, all at the rates in effect when the charges were incurred. The list of current fees is available by contacting us through using our Contact Form. MultifamilyBiz.com may change its fees in the normal course of business. In that case, you will be notified of the new rates (if any) in the normal course of business. All charges incurred in connection with your account will be billed to the credit card you designate during the registration process. We will keep your credit card number in our records only for this purpose taking care, of course, to maintain the confidentiality of the information.
If you believe your User name and password have been used to access CONTENT without your authorization, please contact MultifamilyBiz.com Customer Service through using our Contact Form without delay. Please note: You are responsible for paying any charges billed to your credit card by an unauthorized third party.
1. This agreement constitutes the entire agreement between the parties relating to CONTENT and supersedes any and all other agreements, oral or in writing, with respect to CONTENT.
2. The failure of Owner or MultifamilyBiz.com to insist upon strict compliance with any term of this agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.
3. This agreement is personal to you, and you may not assign your rights or obligations to anyone.
4. If any provision in this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
5. This agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the State of Louisiana, as if the agreement was a contract wholly entered into and wholly performed within the State of Louisiana.
These Terms of Service were last updated June 15, 2011