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Snap Homes, its
subsidiaries, and affiliated domain names terms of use and Privacy.
Acceptance
Snap Homes provides a collection of home and dwelling resources,
including ads and email services (but not limited to), (referred to hereafter as
"the Service") subject to the following Terms of Use. By using Snap Homes in any
way, you are agreeing to comply with our terms of service. In addition, when
using Snap Homes services, you agree to abide by any applicable posted
guidelines, which may change from time to time. Should you object to any term
or condition, any guidelines, or any subsequent modifications thereto or become
dissatisfied with Snap Homes in any way, your only recourse is to immediately
discontinue use and viewing of Snap Homes.
Modifications
We reserve the right, at our sole discretion, to change, modify
or otherwise alter these terms and conditions at any time. Such modifications
shall become effective immediately upon the posting thereof. You must review
this agreement on a regular basis to keep yourself up to date on any changes.
Content
You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the person
from whom such Content originated. More specifically, you are entirely
responsible for each individual item ("Item") of Content that you post, email or
otherwise make available via the Service. You understand that Snap Homes does
not control, and is not responsible for Content made available through the
Service, and that by using the Service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, SnapHomes.com and Content available through the Service may contain
links to other websites, which are completely independent. Snap Homes makes no
representation or warranty as to the accuracy, completeness or authenticity of
the information contained in any such site. Your linking to any other webites
is at your own risk. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will Snap Homes or any of our affiliated
partners be liable in any way for any Content or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or otherwise
made available via the Service. You acknowledge that Snap Homes does not
pre-screen or approve Content, but that Snap Homes shall have the right (but not
the obligation) in its sole discretion to refuse, delete or move any Content
that is available via the Service.
Third party disclosures
The Snap Homes site and Content available through the Service may
contain features and functionalities that may link you or provide you with
access to third party content which is completely independent of Snap Homes,
including web sites, directories, servers, networks, systems, information and
databases, applications, software, programs, products or services, and the
Internet as a whole.
Your interactions with organizations and/or individuals found on
or through the Service, including payment and delivery of goods or services, and
any other terms, conditions, warranties or representations associated with such
real estate related dealings, are solely between you and such organizations
and/or individuals. You should make whatever investigation you feel necessary
or appropriate before proceeding with any online real estate related
discussions, or those of any kind.
You agree that Snap Homes shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings. If
there is a dispute between participants on this site, or between users and any
third party, you understand and agree that Snap Homes is under no obligation to
become involved. In the event that you have a dispute with one or more other
users, you hereby release Snap Homes, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way related to such disputes and / or
our service. 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 favor at the time of executing
the release, which, if known by him must have materially affected his settlement
with the debtor."
Your privacy and
information sharing/disclosure
Your use of the Snap Homes website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further acknowledge
and agree that Snap Homes may, in its sole discretion, preserve or disclose your
Content, as well as your information, such as email addresses, IP addresses,
timestamps, and other user information, to third parties, if required to do so
by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: comply with legal process; respond to claims that any
Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been posted
or transmitted without their consent or as a form of harassment; protect the
rights, property, or personal safety of Snap Homes, its users or the general
public.
Restrictions
You agree not to post, email, or otherwise make available
Content: that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, invasive of another's
privacy, or is harmful to minors in any way; that is pornographic or
depicts a human being engaged in actual sexual conduct including but not limited
to (i) sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or opposite sex,
or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic
abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; that harasses, degrades,
intimidates or is hateful toward an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability; that violates the Fair
Housing Act by stating, in any notice or ad for the sale or rental of any
dwelling, a discriminatory preference based on race, color, national origin,
religion, sex, familial status or handicap (or violates any state or local law
prohibiting discrimination on the basis of these or other characteristics); that violates federal,
state, or local equal employment opportunity laws, including but not limited to,
stating in any advertisement for employment a preference or requirement based on
race, color, religion, sex, national origin, age, or disability. With respect to employers
that employ four or more employees, that violates the anti-discrimination
provision of the Immigration and Nationality Act, including requiring U.S.
citizenship or lawful permanent residency (green card status) as a condition for
employment, unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract that impersonates any
person or entity, including, but not limited to, celebrities, those in high
power positions, or falsely states or otherwise misrepresents your affiliation
with a person or entity (this provision does not apply to Content that
constitutes lawful non-deceptive parody of public figures.); that includes personal or
identifying information about another person without that person's explicit
consent; that is false, deceptive,
misleading, deceitful, misinformative, or constitutes "bait and switch"; that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party, or
Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships; that constitutes or
contains "affiliate marketing," "link referral code," "junk mail," "spam,"
"chain letters," "pyramid schemes," or unsolicited commercial advertisement; that includes links to
commercial services or web sites, except as allowed in "services"; that 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; that disrupts the normal
flow of dialogue with an excessive amount of Content (flooding attack) to the
Service, or that otherwise negatively affects other users' ability to use the
Service that employs misleading
email addresses, or forged headers or otherwise manipulated identifiers in order
to disguise the origin of Content transmitted through the Service.
Posting Agents
A "Posting Agent" is a third-party agent, service, or
intermediary
that offers to post Content to the Service on behalf of others.
To moderate demands on Snap Homes resources, you may not use a Posting Agent to
post Content to the Service without express permission or license from Snap
Homes and or its affiliates. Correspondingly, Posting Agents are not permitted
to post Content on behalf of others, to cause Content to be so posted, or
otherwise access the Service to facilitate posting Content on behalf of others,
except with express Permission or license from Snap Homes.
No spam policy
You understand and agree that sending unsolicited email
advertisements to Snap Homes email addresses or through Snap Homes computer
systems, which is expressly prohibited by these Terms.
Paid Postings
We may charge a fee to post Content in some areas of the Service.
The fee is an access fee permitting Content to be posted in a designated
area. Each party posting Content to the Service is responsible for said
Content and compliance. All fees paid will be non-refundable in the event that Content is removed from the Service.
Limitations
You acknowledge that Snap Homes may establish limits concerning
use of the Service, including the maximum number of days that Content will be
retained by the Service, the maximum number and size of postings, email
messages, or other Content that may be transmitted or stored by the Service, and
the frequency with which you may access the Service. You agree that Snap Homes
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that Snap
Homes reserves the right at any time to modify or discontinue the Service (or
any part thereof) with or without notice, and that Snap Homes shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
Access
Snap Homes grants you a limited, revocable, nonexclusive license
to access the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection, aggregation,
copying, duplication, display or derivative use of the Service nor any use of
data mining, robots, spiders, or similar data gathering and extraction tools for
any purpose unless expressly permitted by Snap Homes. A limited exception to (b)
is provided to general purpose internet search engines and non-commercial public
archives that use such tools to gather information for the sole purpose of
displaying hyperlinks to the Service, provided they each do so from a stable IP
address or range of IP addresses using an easily identifiable agent. "General
purpose internet search engine" does not include a website or search engine or
other service that specializes in home listings or in any subset home listings.
Snap Homes permits you to display on your website, or create a hyperlink on your
website to, individual postings on the Service so long as such use is for
noncommercial and/or news reporting purposes only (e.g., for use in personal web
blogs or personal online media). If the total number of such postings displayed
or linked to on your website exceeds one hundred (100) postings, your use will
be in violation, absent express permission granted by Snap Homes to do so. You
may also create a hyperlink to the home page of Snap Homes sites so long as the
link does not portray Snap Homes, or its affiliates in a false, misleading,
derogatory, or otherwise offensive matter. Use of the Service beyond the scope
of authorized access granted to you by Snap Homes immediately terminates said
permission or license. In order to collect, aggregate, copy, duplicate, display
or make derivative use of the Service or any Content made available via the
Service for other purposes (including commercial purposes) not stated herein,
you must first obtain permission from Snap Homes.
Termination of service
You agree that Snap Homes, in its sole discretion, has the right
(but not the obligation) to delete or deactivate your account, block your email
or IP address, or otherwise terminate your access to or use of the Service (or
any part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, without limitation.
Proprietary rights
The Service is protected to the maximum extent permitted by
copyright laws and international treaties. Content displayed on or through the
Service is protected by copyright as a collective work and/or compilation,
pursuant to copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the site or
the collective work, and/or copying or reproducing the sites or any portion
thereof to any other server or location for further reproduction or
redistribution is prohibited without the express written consent of Snap Homes.
You further agree not to reproduce, duplicate or copy Content from the Service
without the express written consent of Snap Homes, and agree to abide by any and
all copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service. Although Snap Homes does not claim ownership of
content that its users post, by posting Content to any public area of the
Service, you automatically grant, and you represent and warrant that you have
the right to grant, to Snap Homes an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, and distribute
said Content and to prepare derivative works of, or incorporate into other
works, said Content, and to grant and authorize sublicenses (through multiple
tiers) of the foregoing. Furthermore, by posting Content to any public area of
the Service, you automatically grant Snap Homes all rights necessary to prohibit
any subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
Limitations
Under no circumstances shall Snap homes be liable for direct,
indirect, incidental, special, consequential or exemplary damages (even if Snap
homes has been advised of the possibility of such damages), resulting from any
aspect of your use of the Snap homes site or the service, whether the damages
arise from use or misuse of the Snap homes site or the service, from inability
to use the Snap homes site or the service, or the interruption, suspension,
modification, alteration, or termination of the Snap homes site or the service.
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
Snap homes site or the service or any links on the Snap homes site, as well as
by reason of any information or advice received through or advertised in
connection with the Snap homes site or the service or any links on the Snap
homes site. these limitations shall apply to the fullest extent permitted by
law. In some jurisdictions, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
Disclosure
You agree to indemnify and hold Snap Homes, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due
to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your breach of any of the representations and
warranties herein, or your violation of any rights of another.
Violation of terms and
charges for violations
If you post a message that
(1) impersonates any person or entity; (2) falsely states or otherwise
misrepresents your affiliation with a person or entity; or (3) that includes
personal or identifying information about another person without that person's
explicit consent, you agree to pay SNAP HOMES one thousand dollars ($1,000) for
each such message. This provision does not apply to Content that constitutes
lawful non-deceptive parody of public figures.
If Snap Homes establishes
limits on the frequency with which you may access the Service, or terminates
your access to or use of the Service, you agree to pay Snap Homes one hundred
dollars ($100) for each message posted in excess of such limits or for each day
on which you access Snap Homes in excess of such limits, whichever is higher.
If you send unsolicited
email advertisements to Snap Homes email addresses or through Snap Homes
computer systems, you agree to pay Snap Homes twenty five dollars ($25) for each
such email.
If you post a listing which
is not by definition a Snap owned or corporate owned property you agree to pay
SNAP HOMES twenty five ($25.00) dollars for every home which does not
correspond.
If you aggregate, display,
copy, duplicate, reproduce, or otherwise exploit for any purpose any Content
(except for your own Content) in violation of these Terms without Snap Homes
express written permission, you agree to pay Snap Homes one thousand dollars
($1,000) for each day on which you engage in such conduct.
Otherwise,
you agree to pay Snap Homes actual damages, to the extent such actual damages
can be reasonably calculated. Notwithstanding any other provision of these
Terms, Snap Homes retains the right to seek the remedy of specific performance
of any term contained in these Terms, or a preliminary or permanent injunction
against the breach of any such term or in aid of the exercise of any power
granted in these Terms, or any combination
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