» Terms Of Use & Community Standards
Welcome to PropertyPooch.com™. Advanced Web Applications, Inc. ("AWA"), the publisher of PropertyPooch.com™, supports freedom of speech, both on and off the Internet. However, the goal of this Web-based software is to provide access to the most comprehensive listing of new homes to the largest group of people possible, including children. To insure a safe, non offensive environment for all of our users, we have established our Community Standards. It spells out what you can expect from us and what we expect from you.
I. TRADEMARKS
PropertyPooch.com™ is a Trade Mark owned by AWA. All rights reserved worldwide. All other trademarks, product names, and company names and logos appearing on any PropertyPooch.com Web site are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of PropertyPooch.com™ is at User's sole risk. Neither AWA, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensers ("Licensers"), or the like, warrant that PropertyPooch.com™ will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of PropertyPooch.com™, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through PropertyPooch.com™.
PropertyPooch.com™ is provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by AWA nor its affiliates, nor any of its officers, directors, employees, agents, Providers, Merchants, Sponsors, Licensers, or the like, shall create a warranty; nor shall User rely on any such information or advice.
Under no circumstances shall AWA or any other party involved in creating, producing, or distributing be liable for any direct, indirect, incidental, special, or consequential damages that results from the use of PropertyPooch.com™ or inability to use PropertyPooch.com™, including but not limited to reliance by a User on any information obtained through the use of PropertyPooch.com™ or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to AWA's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through PropertyPooch.com™. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that PropertyPooch.com™ contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and AWA owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on PropertyPooch.com™ only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User, not AWA, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted AWA the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on PropertyPooch.com™ retains any and all rights which may exist in such Content.
c. THIRD PARTY CONTENT
AWA through PropertyPooch.com™ is a distributor and not a publisher of Content supplied by third parties and Users. AWA has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensers, or any other User of PropertyPooch.com™, are those of the respective authors or distributors and not of AWA or its affiliates or any of its officers, directors, employees, or agents. Neither AWA nor its affiliates, nor any of its officers, directors, employees, or agents, nor any third party, including any Provider, Merchant, Sponsor, Licenser, or any other User of PropertyPooch.com™, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through PropertyPooch.com™ represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licenser, or User not under contract with AWA. AWA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on a PropertyPooch.com™ Web site by anyone other than authorized AWA employees. Under no circumstances shall AWA, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by a User's reliance on information obtained through PropertyPooch.com™. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through PropertyPooch.com™.
d. EXPORT
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations --- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from PropertyPooch.com™ to either a foreign national or a foreign destination in violation of such laws.
IV. AWA's RIGHTS
AWA may elect to electronically monitor the User submit areas and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate PropertyPooch.com™; or (iii) to protect the rights or property of AWA, its Users, Sponsors, Providers, Licensers, or Merchants.
AWA is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, AWA may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from PropertyPooch.com™.
AWA reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, PropertyPooch.com™, the communities that make up PropertyPooch.com™, or any rights of AWA or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither AWA nor its Providers, Merchants, Sponsors, or Licensers can ensure prompt editing or removal of questionable Content after on-line posting. Accordingly, neither AWA, nor its affiliates, nor any of its officers, directors, employees, or Agents, nor Provider, Merchant, Sponsor, or Licenser shall assume liability for any action or inaction with respect to conduct, communication, or Content on a PropertyPooch.com™ Web site.
V. ON-LINE CONDUCT
Any conduct by a User that in AWA's sole discretion restricts or inhibits any other User from using or enjoying PropertyPooch.com™ will not be permitted. User agrees to use PropertyPooch.com™ only for lawful purposes. User is prohibited from posting on or transmitting through PropertyPooch.com™ any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
VI. PUBLIC AND PRIVATE COMMUNICATIONS
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VII. PRIVACY POLICY
It is AWA's policy to respect the privacy of its Users and of personal electronic communication. Currently, AWA will not share a User's email address or other specific personal information (e.g. name, address, age) for marketing purposes without such User's consent. In the future, AWA intends to implement an "opt out" policy, permitting Users to notify AWA of their preference not to have their email addresses or any other personal information shared with any other parties for any purpose. When such policy is in effect, if a User does not choose to "opt out," such User's information may be shared with other parties for marketing purposes.
Users' profile information (e.g. age, gender) may be used to create personalized content, services, and advertising on or related to PropertyPooch.com™. AWA may also use Users' profile information to create aggregate reports. Such profile information is anonymous and does not contain any personally identifiable information.
AWA reserves the right to cooperate fully with state, local, and federal officials in any investigation relating to any Content (including personal or private electronic communication transmitted on PropertyPooch.com™) or purported unlawful activities of any User.
VIII. TERMINATION OF USAGE
AWA may terminate User access, or suspend any User's access to all or part of PropertyPooch.com™, without notice, for any conduct that AWA, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licenser, a service provider, or AWA.
IX. MISCELLANEOUS
Users may not use PropertyPooch.com™ to send unsolicited advertising, promotional material, or other forms of solicitation to other Users, except in those specified areas that are designated for such a purpose.
ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and AWA regarding your relationship with PropertyPooch.com™ and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE COMMUNITY STANDARDS by using the PropertyPooch.com™ web site. The aforementioned Community Standards are subject to change.
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