Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Socialisting, acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least 13 years old. Socialisting is an Advertising and Research Service. Socialisting operates the Site as an online advertising and research service for apartment hunters, dwellers, workspace seekers and landlords, jobseekers and employers, buyers and sellers, organizers and volunteers, service providers and seekers, and others.
Socialisting DOES NOT broker, lease, or sublease apartments directly and is not a party to any transaction between landlords (including, as applicable, property management companies and/or property managers) and renters. As a result, Socialisting does not (a) guarantee or ensure any apartment or any transaction between a renter and landlord, (b) collect or process payment or execute any lease or sublease documentation on behalf of renters or landlords, or (c) broker, lease, or sublease or offer to broker, lease or sublease, or own any apartments. You are strongly encouraged to personally inspect any apartment advertised for rent prior to: signing any lease documentation; providing personal information such as a social security number on a lease application; or wiring or otherwise sending money for any deposit, rent payment or application fee.
Socialisting DOES NOT act as an employer, headhunter, or recruiter. The jobs contained in Socialisting’s search results, postings or linked from those results, may have been created by people over whom Socialisting exercises no control and Socialisting’s does not screen the jobs. Socialisting assumes no responsibility for the content of any job listing or website that is either included in Socialisting’s search results or linked to by Socialisting.com. You are strongly encouraged to personally research any job offer or advertisement and prior to providing personal information such as a social security number on a job application; or wiring or otherwise sending money for any job application fee.
1) Your Socialisting.com Account and Site.
If you create an account and/or a listing on the Website, you are responsible for maintaining the security of your account and listings, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account and/or listings in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Socialisting may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Socialisting liability. You must immediately notify Socialisting of any unauthorized uses of your listings, your account or any other breaches of security. Socialisting will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2) Responsibility of Members.
If you operate an account with or without listings, comment on a listing, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a document of any sort, or computer software. By making Content available, you represent and warrant that:
a) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
b) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
c) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
d) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
e) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
f) the Content is not pornographic, does not contain threats or incite harassment and/or violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
g) the Content does not implicitly or explicitly offend, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
h) the Content does not promote or endorse false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
i) the Content does not provide or link to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;
j) the Content does not provide instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
k) the Content does not solicit passwords or personal identifying information from other Users.
l) your account and/or listings are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
m) your account and/or listings are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your accounts name is not the name of a person other than yourself or company other than your own; and
n) you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Socialisting or otherwise.
o) you will not in your listings nor in practice violate federal, state, or local Equal Opportunity Employment laws and you will not discriminate against individuals due to race, color, religion, sex, national origin, age, disability, genetic information or other characteristics in accordance with all applicable laws.
3) Compliance with Fair Housing Laws.
All material posted on Socialisting is subject to the federal and state Fair Housing Act which makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation, or discrimination.” Socialisting will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria. If you have any question about the fair housing laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. For a list of all fair housing groups, go to the Housing Rights Center’s website at www.hud.gov.
You are expressly prohibited from using Socialisting to violate any local, state, federal or international laws, rules or regulations, including, without limitation, the federal CAN SPAM Act of 2003.
5) CONTENT SUBMITTED TO SOCIALISTING
By submitting Content to Socialisting for inclusion on your Website, you grant Socialisting a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account and/or listings. If you delete Content, Socialisting will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
6) Responsibility of Website Visitors.
Socialisting has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Socialisting does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to aditional terms and conditions, stated or unstated. Socialisting disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7) Content Posted on Other Websites.
8) Copyright Infringement.
As Socialisting asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Socialisting.com violates your copyright, you are encouraged to notify Socialisting. Socialisting will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Socialisting will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be an infringer of the copyrights or other intellectual property rights of Socialisting or others.
It is the policy of Socialisting to respond to claims of intellectual property infringement. Socialisting will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site:
Attn: Socialisting Legal
3060 Edwin Avenue, Suite 1H
Fort Lee, NJ 07024
a) To be effective, the notification must be a written communication that includes the following:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
9) Intellectual Property.
This Agreement does not transfer from Socialisting to you any Socialisting or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Socialisting. Socialisting, Socialisting.com, the Socialisting.com logo, and all other trademarks, service marks, graphics and logos used in connection with Socialisting.com, or the Website are trademarks or registered trademarks of Socialisting or Socialisting’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Socialisting or third-party trademarks.
Socialisting reserves the right, at its sole discretion, to change modify, alter or replace any part of this Agreement at any time. Such modifications shall become effective immediately upon the posting thereof. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Socialisting may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. You can find the most recent version of the TOS at: http://www.socialisting.com/terms/
WITHOUT LIMITING ANY OF THOSE REPRESENTATIONS OR WARRANTIES, SOCIALISTING HAS THE RIGHT (THOUGH NOT THE OBLIGATION) TO, IN SOCIALISTING’S SOLE DISCRETION (i) REFUSE OR REMOVE ANY CONTENT THAT, IN SOCIALISTING’S REASONABLE OPINION, VIOLATES ANY SOCIALISTING POLICY OR IS IN ANY WAY HARMFUL OR OBJECTIONABLE, WITH OR WITHOUT NOTICE, EFFECTIVE IMMEDIATELY OR (II) TERMINATE OR DENY ACCESS TO AND USE OF THE WEBSITE TO ANY INDIVIDUAL OR ENTITY WITH OR WITHOUT CAUSE, WITH OR WITHOUT NOTICE, EFFECTIVE IMMEDIATELY FOR ANY REASON IN SOCIALISTING’S SOLE DISCRETION.
FURTHER, YOU AGREE THAT SOCIALISTING SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE. IF YOU WISH TO TERMINATE THIS AGREEMENT OR YOUR SOCIALISTING.COM ACCOUNT (IF YOU HAVE ONE), YOU MAY SIMPLY DISCONTINUE USING THE WEBSITE. NOTWITHSTANDING THE FOREGOING, SOCIALISTING CAN TERMINATE THE WEBSITE IMMEDIATELY AS PART OF A GENERAL SHUT DOWN OF OUR SERVICE. ALL PROVISIONS OF THIS AGREEMENT WHICH BY THEIR NATURE SHOULD SURVIVE TERMINATION SHALL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATIONS OF LIABILITY.
A) YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE, WHETHER MADE OR CAUSED BY USERS OF THE WEBSITE, MEMBERS, OUR ADVERTISERS OR CORPORATE PARTNERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITE OR THE SERVICE.
B) WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S USE OF THE WEBSITE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
C) NEITHER SOCIALISTING NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF USER OR MEMBER COMMUNICATIONS.
D) WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. WE ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE, ANY MEMBER OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE.
E) THE WEBSITE IS PROVIDED “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. SOCIALISTING AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
13) LIMITATION OF LIABILITY.
a) IN NO EVENT WILL SOCIALISTING, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS ARISING FROM THE USE OF THE WEBSITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA UNDER THIS AGREEMENT.
b) SOCIALISTING SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SOCIALISTING SITE OR THE SERVICE OR ANY LINKS ON THE SOCIALISTING SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SOCIALISTING SITE OR ANY LINKS ON THE SOCIALISTING SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
C) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN SOCIALISTING’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
D) IN NO EVENT SHALL SOCIALISTING (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00. DUE TO THE NATURE OF THIS AGREEMENT,
E) IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT SOCIALISTING WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
F) BECAUSE USER AUTHENTICATION ON THE INTERNET IS DIFFICULT, SOCIALISTING CANNOT AND DOES NOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE. BECAUSE SOCIALISTING DOES NOT AND CANNOT BE INVOLVED IN USER-TO-USER DEALINGS OR CONTROL THE BEHAVIOR OF PARTICIPANTS ON THE SITES, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE SOCIALISTING FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES
14) California Residents.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
15) General Representation and Warranty by YOU/YOUR/USER/WEB VISITOR.
You agree to indemnify and hold harmless Socialisting, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
17) No Agency.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Socialisting or between us and any other Member or user of the Website.
This Agreement constitutes the entire agreement between Socialisting and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Socialisting, or by the posting by Socialisting of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond). If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Socialisting may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.