Aptjoy Terms of Service

last updated December 1, 2012

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE AT WWW.APTJOY.COM (THE “WEBSITE”), YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS OF SERVICE"). The term “Terms of Service” also include Aptjoy’s Privacy Policy located on the Website.

Aptjoy reserves the right to change or modify these Terms of Service or any policy or guideline of the Website, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes. If you do not accept and agree to be bound by all of the terms of these Terms of Service (including the Privacy Policy), do not use the Website.

General

Aptjoy and its subsidiaries and affiliates (collectively, "Aptjoy") provide you with access to this Website and the services offered by Aptjoy available on it, or other Websites as indicated below (collectively, the "Services"). Access to and use of the Services is governed by these Terms of service. You must be at least 18 years of age to access and use the Website.

Services

The Services include the Aptjoy Website and other content, products and/or services available on the Website and its affiliates. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.

User Submitted Content

You are solely responsible for any messages, references, text, photos, videos, graphics, code, or other content or materials (the "User Content") that you post, submit, publish, display or link to on the Website or send to other Aptjoy users. You agree not to post, submit or link to any User Content or material that infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, State or local law, rule or regulation, including Fair Housing Laws. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false or misleading.

You will only post listings for rental properties for which you have the legal right, and you represent and warrant the same by posting any listing. You will provide accurate, complete, current, and truthful information when you provide content on the Website. You are responsible for confirming the accuracy of any details that you provide. You will not disclose confidential or sensitive information. This includes but is not limited to information that would potentially be viewed as an invasion of privacy.

You agree that by posting content on the Website, you are granting Aptjoy a worldwide, royalty-free, perpetual, irrevocable and fully sublicensable license to display, adapt, store, publish, reproduce, distribute, and otherwise use this content in any manner on or in connection with the Website or in the course of offering the Services. You understand and agree that any User Content that you post or submit to Aptjoy may be redistributed through the internet and other media channels, and may be viewed by the general public. We reserve the right in our sole discretion to edit or remove information or materials provided by you. We will not pay you or otherwise compensate you for content you provide to us.

An important functionality of the Website is to use User Content to create a profile for you to help you find a rental property or tenants/roommates. The Website will allow you to share your profile with others through the Website and through email and other websites or applications you wish to share your profile with that are not operated or controlled by Aptjoy, which may include Facebook, Twitter, Craigslist and other websites (hereinafter “Other Websites”). You agree to allow Aptjoy to use and transfer any Content to these Other Websites. You agree that any Content will not violate the terms of use of Other Websites.

For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent.

You understand that Aptjoy does not approve or control the User Content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive services, Aptjoy is not liable for any statements, representations, or User Content provided by its users on the Website or in connection with the Services. Aptjoy assumes no responsibility for monitoring the Website or the Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, Aptjoy reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. Aptjoy nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.

Enforcement of these Terms of Service is solely in our discretion, and failure to enforce the Terms of Service in some instances does not constitute a waiver of our right to enforce them in other instances. Furthermore, these Terms of Service do not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by these Terms of Service.

You understand that Aptjoy does not endorse or warrant any particular content or information available via the Website or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Aptjoy 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 as a result of the use—whether online or offline—of any User Content posted, emailed, transmitted or otherwise made available via the Website or the Service. You use the Website and the Services at your own risk.

Access to User Information

When you connect or access the Website with or from a different website, including social networking sites such as Facebook, Twitter, or LinkedIn, you permit Aptjoy to access information from your profile or account for that site. The information you permit Aptjoy to access varies by website and is affected by the privacy settings you establish at the other website. By using our Website, you authorize Aptjoy to collect, store, retain and use indefinitely, in accordance with our Privacy Policy, any and all information that you agreed could be provided to Aptjoy through the Website by the third party source. Your agreement takes place when you "accept" or "allow" (or other similar terms) the Website (or any application a part thereof) to access your profile on the third party source.

Usage of User Content

You acknowledge that any and all User Content about you may be posted in public areas of the Website and will be available to anyone who visits the Website.

You acknowledge that we may display information from other sources and that there may be discrepancies between the information provided by you and the information provided by these other sources; you release us from liability for any inconsistent information.
Content Storage & Security

Aptjoy uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the internet. Aptjoy cannot and does not guarantee that any personally identifiable information or other Content provided to us will not become public under any circumstances. You agree that Aptjoy may access, preserve and disclose your Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of Aptjoy or any other person.

Intellectual Property
Copyright

All copyrighted and copyrightable materials on this Website, including, without limitation, the design, text, search results, graphics, images, pictures, and other files, and the selection and arrangement and compilation of information ("Materials") thereof are proprietary property of Aptjoy or its licensors, or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable right to access this Website, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of the Website. The foregoing license grant specifically EXCLUDES the right for you to:

  1. publish, display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
  2. market, sell or make commercial use of the Website or any Materials;
  3. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
  4. make derivative uses of the Website or the Materials; or
  5. use, frame or utilize framing techniques to enclose any portion of this Website (including the images found at this Website or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Aptjoy or any third party. Any unauthorized use of this Website will terminate the permission or license granted by these Website Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Aptjoy does not assert copyright or grant any rights to the underlying images or descriptions of User Content that may be contained in our search results and that we derive from the source Website or information provided by the Website owner. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Aptjoy does assert copyright and reserves all right to the search results and associated compilations.

Trademarks And Service Marks

“Aptjoy” and our logos are either trademarks, service marks or registered trademarks of Aptjoy or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing “Aptjoy” or any other name, trademark, or product name of Aptjoy without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Aptjoy, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Aptjoy's names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512)), Aptjoy has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Website in a way that constitutes copyright infringement, please provide Aptjoy with the following written information:

  1. A signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the Website;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Before sending a notice to Aptjoy, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for notice of claims of copyright infringement is provided below:

28 Second Street, Suite 300, San Francisco, CA 94108 USA
Phone No.: (415) 735-6338
Email address support@aptjoy.com
Indemnification

You agree to defend, indemnify, and hold Aptjoy harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Website or your use of the Website and the Service, including, without limitation, any actual or threatened suit, demand, or claim made against Aptjoy arising out of or relating to the User Content, your conduct, your violation of these Terms of Service, or your violation of the rights of any third party.

No Warranties or Representations

THIS WEBSITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAIABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

Limitation Of Liability

IN NO EVENT SHALL APTJOY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. APTJOY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.

Disclaimer of Responsibility for Third Party Content

Aptjoy may provide third party content on the Website and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Aptjoy does not monitor or have any control over any Third Party Content or third party Websites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Aptjoy. In many instances, the content available through this Website represents the opinions and judgments of the respective information providers or users. Aptjoy does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the Website by any third party. Users use such Third Party Content contained therein at their own risk.

Choice Of Law, Waiver, And Claims

These Terms of Service shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Aptjoy's failure to exercise or enforce any right or provision of the Terms of Service will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Copyright © 2012 Aptjoy, Inc. ALL RIGHTS RESERVED.