This Terms of Use Agreement (the “Agreement”) states the terms and conditions that govern the contractual agreement between Okolia, Inc., (the “Company”) and you (the “User”) who agrees to be bound by this Agreement in regard to User’s access to the MyNeighborhood.com network of sites (the “Sites”), which are owned and operated by the Company.
1. USE OF THE SITES. The Sites act as a social portal by which members of neighborhoods can connect and seek out local services or goods recommended by other Neighbors. By accessing the Sites, User acknowledges that User has read, understood and agrees to the Sites’ Terms of Use and Privacy Policy, which is incorporated by reference into this Terms of Use. Any use of the Sites by User after any amendments or modifications to these Terms of Use shall constitute acceptance of the most current version of these Terms of Use. User may not use the service for any commercial purpose, post advertisements or solicitations of business. User further agrees not to solicit any users of the website for commercial purposes. User agrees not to collect or harvest any personally identifiable information, including account names, from the site.
2. SITE CONTENT. The content and information displayed on the Sites is the intellectual property of the Company. The downloading, reproduction, or retransmission of any of the Sites’ content, other than for non-commercial individual use, is strictly prohibited. Further, User agrees that all Forms created through the Sites are solely the property of Company and the reproduction of any Forms for any reason is strictly prohibited and an express violation of this Agreement.
3. THE SERVICES. Users shall have their own administration page whereby they may fill in any information related to their account and access a directory of referrals, classifieds, discussion boards, and community boards (the “Services”). Additionally, the User may access any social media available on the site (e.g., Twitter, Facebook, etc).
4. USER FEES. There are no fees associated with User’s subscription to the Neighborhood Site.
5. CONTENT GUIDELINES. User agrees not to post, upload, transmit via the Sites, through data upload or broadcasting of audio content, any sound recordings,communications, text, graphics or other information (collectively referred to as “Material”) that is obscene, contains falsehoods that could damage Company or any third party, contains any viruses or malicious code, advocates for any illegal activity, infringes upon the intellectual property of any third party, violates the privacy of any third party, gives rise to any civil liability, violates any applicable law, or violates the acceptable use policies of any networks accessed through the Sites.
6. COMPANY MODERATION. Company, in its sole discretion, shall determine User’s compliance with the foregoing prohibitions set forth in Section 5 of this Agreement, and reserves the right to delete from the Sites without prior notice any Material that it deems to be non-complying or otherwise objectionable for any reason (including, without limitation, Material which it deems to be objectionable to any of its other customers or advertisers) or to take any other action with respect to any Material posted by User on the site.
7. THIRD PARTY DEVICES. User agrees they will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Sites, and that User will not take any action that imposes an unreasonable or disproportionately large load on the Sites’ infrastructure. User agrees they will not use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Sites without the prior express consent from an authorized Company representative, unless such use is by a search engine employed to direct Internet users to the Sites.
8. INTELLECTUAL PROPERTY. The Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon User.
9. LIMITED LIABILITY. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITES, THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE WEBSITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM YOU; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITES, OR THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
10. DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND OUR SERVICE IS AT USER’S SOLE RISK. WE MAKE NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE SITES, OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITES WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE WEBSITE, OR THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY USER FROM US, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE, THE SERVICES OR THE SWEEPSTAKES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. COMMUNICATIONS. Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Company through the Sites including but not limited to feedback, questions, comments, suggestions and the like. User shall have no right of confidentiality in such communications and Company shall have no obligation to protect User’s communications from disclosure. Company shall be free to use any ideas, concepts, know-how, content or techniques contained in User’s communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
12. ERRORS AND OMISSIONS. The Sites may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to User’s transaction. Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Sites, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
13. PRODUCTS AND SERVICES. The Sites may contain information about Company’s products and services, not all of which are available in every location. A reference to a Company product or service on the Sites does not imply that such product or service is or will be available in User’s location.
14. INDEMNIFICATION. User agrees to indemnify, hold harmless and defend Company, Company’s directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement and/or any breach or threatened breach by User; (b) User’s use of the Sites, or the Services, including any data, content or material transmitted or received by User; (c) any unacceptable or objectionable use of the Sites, or the Services by User; (d) any negligent or willful misconduct by User.
15. THIRD PARTY LINKS. There are links on the Sites that lead to third party sites, including those of advertisers. COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE SITES USE. IN ADDITION, BECAUSE COMPANY HAS NO CONTROL OVER SUCH SITES AND RESOURCES, USER ACKNOWLEDGES AND AGREES THAT COMPANY 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 SITES OR RESOURCES.
16. MODIFICATION. Company has the right at any time or from time to time to modify or amend these Terms of Use, in which case this Sites will display such changes, which will be User’s only notification of any such change. Any use of the Services by User after such notification shall constitute User’s acceptance of the modified or amended terms. No modification made by User shall be binding upon Company unless it is made in writing and signed by Company.
17. SEVERABILITY. If any provision of this Terms of Use is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not effect any other provisions of this Terms of Use, and this Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
18. VENUE. The interpretation of this Agreement shall be governed by the laws of the State of California. Any action arising under this Agreement shall be brought in the applicable State court located in Los Angeles County. If any part of this Agreement shall be declared invalid or unenforceable, either party shall have the option to terminate this Agreement by written notice to the other party.