Neighborpal.com is an online community
that connects people through networks of neighbors for communicating,
sharing and supporting. The Neighborpal.com service is operated by NeighborPal,
Inc. ("We, "us," or "Neighborpal.com," “NeighborPal”).
By using the NeighborPal.com web site (the "Website") you
agree to be bound by these Terms of Service (this "Agreement").
In addition, when one chooses to become a NeighborPal.com Member (a
"Member") and communicate with other Members and make use
of the NeighborPal.com service (the "Service"), that indicates
your acceptance of its terms.
This Agreement sets out the legally
binding terms of your use of the Website (whether or not you become
or remain a Member) and your membership in the Service, if any, and
may be modified by us at any time without prior notice. All such modifications
will be effective upon posting on the Website, and any use by you of
the Website or the Service after the posting of any such modification
will constitute your agreement to that modification. The terms of our
Privacy Statement, and any notices regarding the Website or the Service
sent to you or posted on the Website are incorporated into and made
part of this Agreement. Links to copies of each of these policies and
notices can be found on the Neighborpal.com Home Page.
- Eligibility. You must
be eighteen or over to register as a Member or to use the Website. Use
of the Website and membership in the Service are void where prohibited.
By agreeing to these terms or by using the Website, you represent and
warrant that you have the right, authority, and capacity to enter into
this Agreement and to abide by all of the terms and conditions of this
Agreement.
- Term. This Agreement
will remain in full force and effect while you use the Website and/or
are a Member. You may terminate your membership at any time, for any
reason by following the instructions on the Cancel Account page in Account
Settings. We may terminate your membership for any reason, at any time.
- Other Agreements.
Any other arrangements or agreements you make between yourself and any
other Members are strictly between you and the other party and Neighborpal.com
is not a party to any such agreements. Should a party fail to perform
under any such agreement, your rights and remedies are solely against
such third party and you specifically acknowledge that you shall have
no rights, remedies, or causes of action against Neighborpal.com under
any conditions or for any reason by reason of such agreements. Without
limiting the generality of Section 13 below, should Neighborpal.com
be threatened by any party or named in any lawsuit or cause of action
related to any such agreement, you agree to hold harmless and indemnify
Neighborpal.com, including but not limited to payment to NeighborPal.com
of its reasonable attorneys fees in defending any such claims.
- Use by Members. The
Services are for the use of Members only and may not be used in connection
with any commercial endeavors except the connection of members for the
sharing of information related to neighborhoods. Illegal and/or unauthorized
use of the Services, including collecting usernames and/or email addresses
of Members by electronic or other means for the purpose of sending unsolicited
email or text messages or unauthorized framing of or linking to the
Website is prohibited. Commercial advertisements, affiliate links, and
other forms of solicitation may be removed from Member profiles without
notice and may result in termination of Membership privileges. Appropriate
legal action will be taken for any illegal or unauthorized use of the
Services. *per event liquidated damages***
- Proprietary Rights in Content
on Neighborpal.com.
- By displaying or publishing
("posting") any Content, messages, text, files, images, photos,
video, sounds, profiles, works of authorship, or any other materials
(collectively, "Content") on or through the Services, you
hereby grant to NeighborPal.com, a non-exclusive, fully-paid and
royalty-free, worldwide license (with the right to sublicense through
unlimited levels of sublicensees) to use, copy, modify, adapt, translate,
publicly perform, publicly display, store, reproduce, transmit, and
distribute such Content on and through the Services. This license will
terminate at the time you remove such Content from the Services. You
represent and warrant that: (i) you own the Content posted by you on
or through the Services or otherwise have the right to grant the license
set forth in this section, and (ii) the posting of your Content on or
through the Services does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person.
You agree to pay for all royalties, fees, and any other monies owing
any person by reason of any Content posted by you to or through the
Services.
- The Services contain Content
of Neighborpal.com, LLC ("NeighborPal.com Content"). NeighborPal.com
Content is protected by copyright, trademark, patent, trade secret and/or
other laws, and NeighborPal.com owns and retains all rights in the NeighborPal.com
Content and the Services. NeighborPal.com hereby grants you a limited,
revocable, nonsublicensable license to reproduce and display the NeighborPal.com
Content (excluding any software code) solely for your use in connection
with viewing the Website and using the Services.
- The Services contain Content
of Users and other NeighborPal.com licensors. Except for Content posted
by you, you may not copy, modify, translate, publish, broadcast, transmit,
distribute, perform, display, or sell any Content appearing on or through
the Services.
- Content Posted by You to
the Service and the Website.
- Profile Information.
Your public profile will be available to anyone, regardless of the level
of access you've chosen for your full
Neighborpal.com profile. You are solely responsible for the Content
that you post on or through any of the Services, and any material or
information that you transmit to other Members and for your interactions
with other Users. NeighborPal.com does not endorse and has no control
over the Content. Please choose carefully the information you
post on NeighborPal.com and that you provide to other Users.
Neighborpal.com prohibits all Members to include and any photographs
containing nudity, or obscene, lewd, excessively violent, harassing,
sexually explicit or otherwise objectionable subject matter on profiles.
Despite this prohibition, information provided by other
Neighborpal.com Members (for instance, in their Profile) may contain
inaccurate, inappropriate, offensive or sexually explicit material,
products or services, and Neighborpal.com assumes no responsibility
or liability for this material.
- Public Profile Information.
Regardless of what personal information a you choose to include in your
Neighborpal.com profile, or what level of sharing of your profile you
choose, certain information about every Neighborpal.com Member will
be included in that Member's "public profile." A Member's
public profile is an abbreviated version of the Member's regular Neighborpal.com
profile, containing the information listed below, which will be available
to any user of the Website, as well as to the general public through,
for instance, search engines like Yahoo! or Google. Each Member's public
profile includes the following information about the Member:
- Member Type
- Name (first, or first and
last, username, depending on which option the Member chooses)
- Gender
- Age
- Location
- "Member Since" date
- Profile views
- Removal of Content.
You understand and agree that we may review and delete any Content that
you include in your profile, or otherwise Post on any area of the Website
(which may include deleting your entire profile) that we, in our sole
judgment, believe (1) violates this Agreement, (2) might be offensive
or illegal, or (3) might violate the rights of, harm, or threaten the
safety of any other Member.
- Member Identity. Your
profile must accurately describe you, an individual person or the neighborhood
association that you represent. Examples of inappropriate profiles include,
but are not limited to, profiles that purport to represent an animal,
inanimate object, fictional character, or real individual who is not
you.
- Member Responsibility for
Content. You are solely responsible for the Content that you Post
on the Website or the Service, or transmit to other Members.
- Prohibited Content.
Below is a partial list of the kind of Content that is illegal or prohibited
on the Website. Posting of any of this Content by you may, in our sole
discretion, result in termination of your membership. In addition, we
reserve the right to investigate and take appropriate legal action,
in our sole discretion, against anyone who violates this provision,
including without limitation, removing the offending communication from
the Website and reporting such violators to the appropriate legal authorities.
Prohibited Content includes, but is not limited to, Content which, in
our sole judgment:
- is patently offensive to the
online community, such as Content that promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual;
- harasses or advocates harassment
of another person;
- involves the transmission
of "junk mail," "chain letters," "spam,"
or any other unsolicited mass mailing, e-mailing, or other communication;
- includes any information that
(1) you know is false or misleading, (2) promotes illegal activities
or conduct that is abusive, or (3) is threatening, obscene, defamatory,
or libelous;
- constitutes or includes any
illegal or unauthorized copy of another person's copyrighted or copyrightable
work, including, but not limited to, (1) pirated computer programs or
links to them, (2) information which circumvents manufacturer-installed
copy-protect devices, (3) pirated music or links to pirated music files,
or (4) Content which otherwise violates the terms of Section 8 below;
- displays pornographic or sexually
explicit material of any kind;
- includes material that exploits
people under the age of 18 in a sexual or violent manner, or is intended
to solicit personal information from anyone under 18;
- provides instructional information
about illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
- solicits passwords or personally
identifying information for commercial or unlawful purposes from other
Members;
- constitutes or includes any
promotion, sales or other commercial activity such as contests, sweepstakes,
barter, advertising, or pyramid schemes; or
- solicits people you don't
know to add you or accept you as a friend on the Service.
Even though all of the above Content
is strictly prohibited, there is a small chance that you might become
exposed to such items while using the Website or the Service. If so,
neither we, nor any of our officers, directors, employees, shareholders,
advertisers, or corporate partners will in any way be responsible for
any damages (to or from any party) related to any such exposure.
- Further Restrictions on
Your Use of the Website and the Service.
- You must use the Website and
the Service in a manner consistent with any and all applicable laws
and regulations.
- You may not include in your
Member profile any telephone numbers, street addresses, or e-mail addresses.
- Although Neighborpal.com cannot
monitor the conduct of its Members off the Website, it is a violation
of this Agreement to use any information obtained from the Service or
the Website in order to harass, abuse, or harm another person, or in
order to contact, advertise to, solicit, or sell to any Member without
the prior explicit written consent of such Member and Neighborpal.com.
In order to protect our Members from such conduct, we reserve the right
to restrict the number of e-mails or other communications which a Member
may send to other Members at any time and in our sole discretion.
- You may not use the Website
in such a manner that imposes an unreasonable or disproportionably large
burden on our infrastructure, as determined by us in our sole discretion;
and/or
- You may not use any automated
means (including, without limitation, agents, robots, scripts, or spiders)
to monitor or copy the Website or its content or bypass our tools or
services or to interfere or attempt to interfere with the proper working
of the Website.
- Copyright Protection Policy.
You may not Post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information owned by another
party without obtaining the prior written consent of the owner. If you
believe that your work has been copied and Posted on the Website in
a way that constitutes copyright infringement, please contact us at
copyright@Neighborpal.com. We comply with the Digital Millennium
Copyright Act (“DMCA”) and will act upon any DMCA take down notice
which conforms to legislative requirements and is properly sent to us.
Any Member whose action is the subject of a DMCA take down notice is
subject to termination of their account and permanent exclusion from
the use of the Website.
- Member Disputes. You
are solely responsible for your interactions with other Members. We
reserve the right, although we have no obligation, to monitor disputes
between you and other Members, we reserve the right to take any action
that we feel may be appropriate in our sole discretion, consistent with
the terms of this Agreement, including the termination of the membership
of one or more Members.
- Disclaimers.
- NeighborPal.com not responsible
for any incorrect or inaccurate Content Posted on the Website or in
connection with the Service, whether 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.
- 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 OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S
USE OF THE WEBSITE OR THE SERVICE, 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.
- 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.
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 E-MAIL 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, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE
SERVICE. THE WEBSITE, THE SERVICE, AND THE CONTENT ARE ALL PROVIDED
"AS-IS" AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE
LAW, WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE
ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE SERVICE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR
FROM OR THROUGH THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
- Limitations on Liability.
Notwithstanding any other provision of this Agreement, our entire liability
to you for any cause whatsoever, and regardless of the form of the action,
will at all times be limited to the amount paid, if any, by you to us
for the Service during the term of this Agreement. Except in jurisdictions
where such provisions are restricted, in no event will we be liable
to you or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including lost profits arising
from your use of the Website or the Service, even if we have been advised
of the possibility of such damages.
- Disputes. If there
is any dispute between you and us about or involving the Website or
the Service, by using the Website or the Service, you agree that the
dispute will be governed by the laws of the State of Illinois without
regard to its conflict of law provisions. You agree to personal jurisdiction
under and venue in the state and federal courts located in Chicago,
Illinois for the resolution of any such dispute.
- Indemnity. You agree
to indemnify and hold Neighborpal.com, its subsidiaries, affiliates,
officers, agents, employees, and corporate or other partners harmless
from any loss, liability, claim, or demand, including reasonable attorneys.
fees, arising out of or relating to: (a) your use of the Website or
the Service (including the Posting by you of any Content on the Website)
in violation of this Agreement; (b) any other breach of this Agreement
by you; or (c) any breach of your representations and warranties set
forth above.
- Breach of Agreement.
If you breach this agreement, you acknowledge that you (1) have exceeded
your authorized access to the Website; and (2) will have caused substantial
harm to us, but that the amount of such harm would be extremely difficult
to ascertain. As a reasonable estimation of such harm, you agree to
pay us $1000 for each such instance of breach. For the avoidance
of a doubt, if you use an automated system to access our Website for
a purpose which is contrary to your obligations under this Agreement,
each such instance of access is considered a separate breach and subject
to a separate payment of $1000.
- No Agency. There is
no agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship between you and us or between us and any other Member or
user of the Website.
- Survival Although
this Agreement may be terminated by you or us at any time and for any
reason, the terms of the following sections of this Agreement will survive
any such termination, and you and we will continue to be bound by such
terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights
in Content), Section 9 (Member Disputes), Section 10 (Disclaimers),
Section 11 (Limitation on Liability), Section 12 (Disputes), Section
13 (Indemnity), Section 14 (Breach) Section 16 (Survival), and Section
18 (Other).
- This Agreement contains the
entire agreement between parties hereto relating to the subject matter
hereof, and supersedes all previous communications or agreements between
the parties and/or their respective representatives relating to the
subject matter hereof. No oral understandings, statements, promises,
or inducements contrary to the terms of this Agreement exist.
This Agreement cannot be changed, modified or terminated orally.
- Other. This Agreement
is accepted upon your use of the Website or any of the Services and
is further affirmed by you becoming a Member. This Agreement constitutes
the entire agreement between you and
NeighborPal.com regarding the use of the Services. The failure of
NeighborPal.com to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have
no legal or contractual effect. This Agreement operates to the
fullest extent permissible by law. If any provision of this Agreement
is unlawful, void or unenforceable, that provision is deemed severable
from this Agreement and does not affect the validity and enforceability
of any remaining provisions.