Effective Date: June 23, 2017
This agreement (the “Agreement”) describes your rights and responsibilities in your use of the TownSq website (the “Site”), mobile apps (the “App”) and services (collectively, the “Services”), both as a visitor and as a registered user. Unless otherwise stated, any new features or functionality provided on the Site or App are also part of the Services. By accessing or using the Services, whether through a personal computer, mobile device or any other means, or submitting any content for publication or distribution, you agree to be bound by the terms of this Agreement. We ask that you read the Agreement carefully before registering or using the Services or submitting any content. If you do not accept this Agreement, you may not use the Services or submit any content. The Services are operated by TownSq. “Company,” “we,” and “us” are used to refer to TownSq and its parent companies, affiliates, and subsidiaries. You acknowledge and agree that the terms of this Agreement will enure to the benefit of each of these parties. The terms of this Agreement are subject to change at any time. The most current version of the Agreement can always be viewed on the Site and at the place where you downloaded the App and we will let you know when the latest update occurred by changing the “Effective Date” at the top of the Agreement. If you keep using the Services or submit any content after the latest Effective Date, you accept and agree to the new Agreement.
Use of the Services
You may use the Services solely for personal and non-commercial purposes. That is to say: You can’t use the Services to make a living or for any other purpose or in any other manner unless you enter into a separate written agreement with us that says you can. Keep in mind that all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject still apply.
A person is permitted to have one account per residence. Account passwords may not be shared with anyone else and sharing of your personal account is not permitted. Accounts using fake names, pseudonyms or fake credentials are not permitted. Persons under the age of 13 are not permitted to use the Services. Convicted sex offenders, including registered sex offenders, and their households, are not permitted to use the Services or register an account. We reserve the right to deny, at any time, account registrations we think would harm a neighborhood or other members, in our sole discretion.
You may not submit inaccurate registration information, or register if you know you don’t meet the eligibility requirements. Providing false registration information could constitute a crime.
All text, photos, video, and other content you submit to the Site and App (collectively, your “Content”) shall remain your property and under your ownership. By uploading Content to the Site and App, you grant us a nonexclusive worldwide license, to use, copy, and publish your Content, without payment or compensation of any kind. You grant us permission to license your Content to third parties and/or use your Content for advertising purposes. Do not publish any Content that you do not own or have the right to publish. Content that is defamatory, infringing, illegal or otherwise tortious is not permitted on the Site and App. It is not our responsibility to monitor Content posted by members. If you violate this Agreement or our other policies, infringe a third party’s intellectual property rights or otherwise engage in harmful behavior, we reserve the right, in our sole discretion, to remove your Content, and suspend, delete or deactivate your account or other privileges, or otherwise refuse service to you. You are solely responsible for your Content that you post on the Services or transmit to other users and agree and acknowledge that neither Company nor any applicable homeowners’ association, community management company or any other party whatsoever shall be liable or responsible for your Content. Without limitation, you agree that your Content that you post or transmit to other users using the Services will not include any Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials that you do not own, or for which you do not have written consent from the owner of such materials to post on the Services);
- violates anyone’s right of publicity or right of privacy; · is threatening or harassing, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence; · is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; · contains “masked” profanity (e.g., F@&#);
- 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; or
- contains or links to any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Services. Further, you may not use any such automated means to manipulate the Services or attempt to exceed the limited authorization and access granted to you under this Agreement. And, you may not resell use of, or access to, the Services to any third party.
When using the Services, you are expected to be respectful of others. This means that whether you are being complimentary or critical, whether you are agreeing or disagreeing with the subject of any Content or another user’s comment, you should act in a civil manner and refrain from personal attacks. Company is under no obligation to enforce the Agreement on your behalf or based on a claim by you that another user has breached any part of this Agreement. We encourage you to let us know if you believe that another user has breached this Agreement or has engaged in other unacceptable behavior by reporting it to firstname.lastname@example.org. Company will make the sole determination, in our sole discretion, as to whether your Content or any other content is acceptable for the Services. It is not Company’s policy to remove comments or reviews in response to requests from users. Our role is not to arbitrate disagreements between community members and local businesses, or among community members. A neighborhood or community moderator may be appointed for your community or neighborhood. Such moderator may have the ability to remove comments or reviews, but not the obligation to do so. By using the Services, you agree that you will not hold Company, your applicable homeowners’ association or community management company, responsible or liable for any content or information from other users that you access on or through the Services.
Interacting with Other Members
We shall have no responsibility for any member-to-member transactions facilitated or made through the Services. Any interactions or transactions that occur through the Services are the sole responsibility of the members involved in such interaction or transaction. Do not post the personal information of a member (e.g., address, mobile number, or photos) without that member’s permission. The relationship between Company and you is that of a service provider and customer, and Company is not an employer, placement agency, representative, or agent of or for you, any member, or any service provider on the Site or App. You and any member or service provider you work with through the Services, are responsible for complying with all laws applicable to your interaction or transaction. Company is not a party to transactions or disputes between members.
The Services may contain links to other websites not provided by us. The links may include listings that provide you with further information, or links that have been included in materials uploaded to the Services by a party other than Company. Be aware when you leave the Services and read the terms and conditions and privacy statements of each and every website you visit. Company is not responsible for the practices or the content of such other websites or services. Despite any links that might exist on the Services, we do not endorse and are not affiliated with such third parties.
Company Proprietary Rights
Company or its licensors are the exclusive owners of all content, copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Services. Except as set forth herein, or a “fair use” as permitted under applicable law, you agree not to copy, distribute, publish, enter into a database, modify, make derivative works of or otherwise use or exploit any part of the Services or any content or other materials on the Services without the prior written consent of the owner of such materials. All rights not granted under this Agreement are reserved by Company.
Copyright and DMCA
If you believe Content on the Services infringes your copyright, you can reach our notification agent at email@example.com. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Restrictions from our Third Party Suppliers
Some of the information and services available through the Services are licensed from third parties and covered by these third-party terms and disclosures:
- You may not sublicense, resell, or otherwise distribute any data from our third-party licensors to any third party; it is only for your personal use of the Services.
- Users of our iOS application are subject to the following terms required by Apple: To the maximum extent permitted by applicable law, Apple does not have any warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App does not conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) any infringement of a third party’s intellectual property rights. Where permitted by law, Apple, its subsidiaries and our other suppliers are third-party beneficiaries of this agreement, but no one else is. Without limiting the foregoing, (1) upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary, and (2) Apple is not a party to this Agreement and is not responsible for the App or its contents.
Using our App
By downloading and installing the App, we grant you a limited non-transferable license to use the App only to access and use the Services for your personal use through your iOS or Android product. Additional terms from the manufacturer of your device, Apple App Store, Google Play store, or other service where the App may be downloaded, may apply.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, PARENT COMPANIES AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE SUPPLIERS, SERVICE PROVIDERS, LICENSORS AND LICENSEES (COLLECTIVELY, THE “RELEASEES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING YOUR USE OF THE SITE OR APP, THIS AGREEMENT, CONTENT ON THE SITE OR APP, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF COMPANY OR OUR SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow damages exclusions, so they may not apply to you.
Governing Law/Venue and Jurisdiction
This agreement is governed by Texas law as it applies to agreements entered into and to be performed entirely within Texas between Texas residents. Some jurisdictions (including the European Union) provide consumers with mandatory rights that cannot be excluded via choice of law; if you are in such a jurisdiction, the preceding sentence does not affect those rights. YOU HEREBY EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE COURTS LOCATED IN DALLAS, TEXAS FOR ALL MATTERS AND DISPUTES ARISING IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS OR USE OF THE SERVICES.
By accessing or using the Services, registering, sending an email or otherwise communicating with Company through the Services, you are communicating with Company electronically, and you agree to receive electronic communication from Company, by email and by posting to the Site. You agree that any electronic communication from Company satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to Company or the Services, including, without limitation, by posting to the Services, email or otherwise, are and will be treated as non-confidential and non-proprietary.
If someone brings a claim against any of the Releasees or any of their respective employees, directors, or officers, based on a harm you caused, your Content or any other breach of this Agreement by you, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable attorneys’ fees as well as all damages.
Disputes Between Members:
Waivers of Claims Against Company We are not responsible for the actions of any member, and, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute between you and another member.
You agree and acknowledge that the relationship between you and us is that of service provider and customer and nothing herein, nor your use of the Services, shall be deemed to create any agency, partnership, joint venture, employment or franchise relationship. If any clause or portion of this Agreement is deemed unenforceable by a court, such provision shall be enforced to the fullest extent possible without affecting the effectiveness of any other portion of this Agreement. A failure or delay by either party in exercising any right under this Agreement shall not constitute a waiver of such right. Company shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control, including, but not limited to, Acts of God, acts of military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures. You represent and warrant that you are not (i) located in a country that is subject to a U.S., Irish or EU, government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S., Irish, or EU government list of prohibited or restricted parties. You hereby warrant that your access to and use of the Services shall comply with all applicable laws, statutes and regulations of your jurisdiction, including, without limitation, export and import regulations. If you breach or we believe that your behavior on the Services could result in a breach of this Agreement in any way, we reserve the right, in our sole discretion, to terminate your access to the Services, or to modify or discontinue the Services, in whole or in part, at any time and without notice. You agree that Company will have no liability to you or to any third party for any termination, modification, or discontinuance of the Services.