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TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. By using the Nabewise Media, Inc. (“Nabewise”) website (including, without limitation, any associated forums or blogs) and any other features, content or applications offered from time to time in connection therewith (collectively, the “Service”), you agree to be bound by the following Terms of Use.

Acceptance of Terms.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the Nabewise website by Nabewise. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Nabewise from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Nabewise reserves the right, in our sole discretion, to revoke or suspend your membership in and/or access to the Nabewise website, at any time without notification or liability to you or any other person, and for any reason or for no reason at all, including if you breach, or if Nabewise reasonably believes you have breached, this Terms of Use or for any other reason.. While Nabewise retains the right to revoke or suspend your access to the Nabewise website, Nabewise shall have no responsibility to exercise it or to moderate disputes between members of the Nabewise website.

Age Requirements.

The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful.

Modification of Terms of Use.

Nabewise reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Nabewise website or by sending you an email. Nabewise may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Nabewise reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Nabewise website, or by sending you a notice via e-mail or postal mail. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Nabewise Content and Services.

NabeWise operates the NabeWise website as an online information and research service regarding the cultural and demographic makeup of urban neighborhoods. NabeWise does not sell, broker, lease, or sublease real estate and is not an agent to any real estate owners, property management companies, real estate agents, buyers or renters.

All content on this website, including text, data, graphics, logos, icons, images, and video clips (“NabeWise Content”), is the exclusive property of NabeWise or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the NabeWise website is the exclusive property of NabeWise and is also protected by U.S. and international copyright laws. The content on the NabeWise website may be used as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the NabeWise website is strictly prohibited. “NABEWISE” and the NabeWise logo are trademarks or registered trademarks of NabeWise. All other trademarks mentioned in the NabeWise website are the property of their respective owners. The trademarks and logos displayed on the NabeWise website may not be used without the prior written consent of NabeWise or their respective owners.

User Content.

By posting, submitting, displaying, publishing or otherwise making available any information, data, images or any other content on the Nabewise website or otherwise through the Service (“User Content”), you:

  • hereby do and shall grant Nabewise a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit (“Use”) the User Content in connection with the Nabewise website, the Service and Nabewise’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Nabewise website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Nabewise website and/or the Service a non-exclusive license to access your User Content through the Nabewise website and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Nabewise website and the Service and under these Terms of Use. For clarity, the foregoing license grant to Nabewise does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • represent and warrant (a) that you own or otherwise control all rights to Use such User Content and that disclosure and Use of such User Content by Nabewise (including without limitation, publishing any Content on the Nabewise Community) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity and (b) that you are authorized to grant all of the aforementioned rights to the User Content to Nabewise and all users of the Service; and
  • understand that Nabewise shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Nabewise website is the sole responsibility of the person from which such content originated and that Nabewise will not be liable for any errors or omissions in any content; and that Nabewise cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Under no circumstances will Nabewise be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred in connection with use of or exposure to any User Content posted, emailed, accessed, transmitted or otherwise made available via the Service. Nabewise shall not be responsible for controlling or editing any content, nor can Nabewise ensure prompt removal of inappropriate or unlawful content. You hereby grant to Nabewise a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including rights to sublicense) right to copy, publish, display, distribute, modify and create derivative works of any User Content you submit to the Nabewise website or otherwise via the Service.

By posting, you agree to be solely responsible for the content of all User Content you contribute, link to, or otherwise upload to the Nabewise website and release Nabewise from any liability related to your use of the website. You warrant, represent and agree that you will not contribute any User Content or otherwise use the Nabewise website in a manner that (i) violates any law, statute, ordinance or regulation, including without limitation, the Fair Housing Act or (ii) you should know is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable. Nabewise reserves the right to remove any content from the Nabewise website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Nabewise is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

Other Policies.

For information regarding Nabewise’s treatment of personally identifiable information, please review Nabewise’s current privacy policy at http://nabewise.com/pages/privacy.

Links to Third Party Websites.

The Nabewise website may contain links to third party websites. Access to any other website linked to the Nabewise website is at your own risk and Nabewise is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, Nabewise is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. Nabewise provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

Fees and Payment.

Nabewise reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Nabewise website in connection with such features. Nabewise reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Nabewise website. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

Google Maps API.

Nabewise allows you to view the locations of properties through use of the Google Maps API. Your use of the Google Maps API is subject to the Google Maps API Terms of Use, located at http://code.google.com/apis/maps/terms.html.

General Disclaimer.

THIS WEBSITE IS PROVIDED BY NABEWISE ON AN “AS IS” BASIS. NABEWISE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NABEWISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Liability Limitation.

NABEWISE WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR NABEWISE WEBSITE OR ANY NABEWISE PRODUCT OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF NABEWISE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Nabewise’s prior written consent. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Nabewise in any respect whatsoever.

Copyright © 2009 Nabewise, Media, Inc. All Rights Reserved.

Digital Millennium Copyright Act Notice.

Nabewise has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Nabewise’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

It is Nabewise’s policy to (1) block access to or remove Nabewise Content or User Content (collectively, “Content”) that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that Content residing on or accessible through the Nabewise website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Nabewise is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Nabewise’s policy:

  1. to remove or disable access to the infringing Content;
  2. to notify the Content provider, member or user that it has removed or disabled access to the Content; and
  3. that repeat offenders will have the infringing Content removed from the system and that Nabewise will terminate such content provider’s, member’s or user’s access to the service.

C. Procedure to Supply a Counter-Notice to the Designated Agent:

If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of the Content provider, member or user;
  2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  3. A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Nabewise is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Nabewise’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Nabewise’s discretion.

Please contact Nabewise’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

Ann Baldinucci

205 Hudson, 907

Hoboken, NJ 07030

201-526-4723

646-308-1102

Email: ann at nabewise.