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This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
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In addition to the prohibited activities described above, when posting information and media on the Site or through the Services you must not:
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Solicited submissions: From time to time, Real Estate Daily Beat may invite you to submit to Real Estate Daily Beat audio and/or video material for inclusion on the Site and/or Service and/or other activities promoted by Real Estate Daily Beat on the Site and/or Service, or enter certain contests Real Estate Daily Beat may sponsor, or submit comments and/or ideas to Real Estate Daily Beat (“Submissions”). You may only submit these Submissions to Real Estate Daily Beat when specifically invited to do so by Real Estate Daily Beat. These solicited Submissions may be subject to further terms, conditions and restrictions. Submissions for the Site and/or Service provided through third party websites are also subject to specific terms, conditions and restrictions. If Real Estate Daily Beat does request that you send Real Estate Daily Beat Submissions, these Submissions will be deemed User Content (defined below). By submitting any Submission, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Real Estate Daily Beat under any fiduciary or other obligation, that Real Estate Daily Beat is free to disclose the Submission on a non-confidential basis to anyone or otherwise use the Submission without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Real Estate Daily Beat does not waive any rights to use similar or related ideas previously known to Real Estate Daily Beat, or developed by its employees, or obtained from sources other than you.
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Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not Real Estate Daily Beat. Neither Real Estate Daily Beat, its licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Real Estate Daily Beat nor its licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Site or Services by anyone other than an authorized Real Estate Daily Beat or licensor representative while acting in his/her official capacity. You may be exposed through the Site or Services to content that violates Real Estate Daily Beat’s policies, is sexually explicit or is otherwise offensive. You access the Site and Services at your own risk. Real Estate Daily Beat takes no responsibility for your exposure to third party content on the Site or the Services. Real Estate Daily Beat and its licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that Real Estate Daily Beat does not advocate the use of any product or procedure described in the Site or through the Services, nor is Real Estate Daily Beat responsible for misuse of a product or procedure due to typographical error.
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Real Estate Daily Beat reserves the right to disallow you to link to the Site at any time in its sole discretion. If Real Estate Daily Beat exercises such right, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with Real Estate Daily Beat specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:
The links on the Site and/or any of the Services will let you leave the particular Sites or Service you are accessing in order to access a linked third party site (the “Linked Sites”). Real Estate Daily Beat provides these links as a convenience, but Real Estate Daily Beat neither controls nor endorses these Linked Sites, nor has Real Estate Daily Beat reviewed or approved the content which appears on the Linked Sites. Real Estate Daily Beat is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that Real Estate Daily Beat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
Your participation, correspondence or business dealings with any third party found on or through the Site and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Real Estate Daily Beat shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REAL ESTATE DAILY BEAT, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. REAL ESTATE DAILY BEAT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON ANY SUCH PRODUCTS OR SERVICES WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR THROUGH THE SERVICES.
NEITHER REAL ESTATE DAILY BEAT NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF REAL ESTATE DAILY BEAT OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE AND/OR ANY OF THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Real Estate Daily Beat may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Real Estate Daily Beat’s liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Real Estate Daily Beat and its respective licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOU; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site or any of the Services.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Real Estate Daily Beat infringe your copyright, you or your agent may send to Real Estate Daily Beat a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Real Estate Daily Beat actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Real Estate Daily Beat a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Real Estate Daily Beat’s Copyright Agent the following information:
Real Estate Daily Beat’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: ; E-mail for notice should be sent to: firstname.lastname@example.org. Real Estate Daily Beat suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Real Estate Daily Beat makes no representation or warranty that the content and materials on the Site or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Real Estate Daily Beat reserves the right, at any time in its sole discretion, to limit the availability and accessibility of the Site or the Services to any person, geographic area or jurisdiction Real Estate Daily Beat so desires, and to limit the quantities of any such service or products that Real Estate Daily Beat may provide.
You agree that Real Estate Daily Beat, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
These TOU and the relationship between you and Real Estate Daily Beat shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and Real Estate Daily Beat irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York, New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
The failure of Real Estate Daily Beat to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
Real Estate Daily Beat may perform any of its obligations or exercise any of its rights under this TOU through one or more of its corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with Real Estate Daily Beat). If Real Estate Daily Beat or its assets are acquired by another entity, that entity will assume Real Estate Daily Beat’s rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without Real Estate Daily Beat’s prior written consent.
Real Estate Daily Beat may modify these TOU at any time, as it deems appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Site and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. Real Estate Daily Beat reserves the right to modify or discontinue the Site or Services with or without notice. Real Estate Daily Beat will not be liable to you or any third party should Real Estate Daily Beat exercise its right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site or Services as so modified and your use of new Services will be governed by these TOU.
These terms were last updated on December 1st, 2020.