August 21, 2008
By accessing, browsing, crawling, scraping or in any way using this website located at www.rentwiki.com or www.rentwiki.org (the "Site"), you agree to these Terms of Service, the privacy policy located at http://www.rentwiki.com/
A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site, including but not limited to you and others who may read or write reviews about neighborhoods, local businesses, or rental properties listed on the Site. The "Services" means the services and functionality made available to Users on the Site. "Content" means information, compilations, communications, images, photographs, graphics, audio, and videos. "Your Content" means Content that you submit, post, or transmit to, or using, the Site, including but not limited to the recommendations, reviews, wiki content, local talk postings, images, information that you display as part of your account profile, emails, or other commentary that you may submit, post, or transmit to, or using, the Site. Your Content does not include personally identifiable information that you submit when creating an account on the Site (which personal information is subject to our Privacy Policy). "User Content" means the Content that any User of the Site may submit, post, or transmit to, or using, the Site, including but not limited to Your Content. "Rentwiki Content" means Content that is created by Rentwiki, Inc. ("Rentwiki") and made available on the Site. "Third Party Content" means Content that is provided on the Site by parties other than Rentwiki or the Users, including but not limited to data providers who license data to Rentwiki for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Rentwiki Content.
You must be at least 18 years old to use the Site. In addition, you may not use the Services or accept the Terms of Service if you are prohibited by law from receiving or using the Services. By accessing or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. If you access or use the Site on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to the Terms of Service.
The Terms of Service may be modified by Rentwiki at any time. When these changes are made, Rentwiki will notify you by making a new copy of the Terms of Service available on this page and will indicate at the top of this page the date these terms were last revised. Any such modification will be effective upon Rentwiki's posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification. Unless expressly stated otherwise by Rentwiki, any new Services or Site Content implemented after your initial access to the Site shall be subject to the Terms of Service.
To access or use some of the Services, you may be required to register on the Site by creating an account and providing information about yourself to Rentwiki. You are solely responsible for maintaining the confidentiality of any passwords that you create in connection with the Site, and are solely responsible for all activities that occur in connection with your account. You agree to notify Rentwiki immediately of any unauthorized use of your account. Rentwiki reserves the right to close your account at any time for any or no reason. There are two types of accounts:
You agree that you will not (and will not permit others to):
Rentwiki has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of Rentwiki's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is Rentwiki's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those whom Rentwiki determines to be "repeat infringers".
Please note that Rentwiki may, at its sole discretion, send a copy of such notices to third-parties for publication. For example, your letter (with personal information removed) may be
forwarded to Chilling Effects (http://www.chillingeffects.
Jamie Gallo
RentWiki, Inc.
4470 Chamblee-Dunwoody Rd., Suite 504
Atlanta, GA 30338
United States of America
Phone: 877.458.2520
Fax: 770.458.2522
Email to: jamie@rentwiki.com
The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to; instead, such inquiries should be made through the procedures referenced in Sections 15 or 23 below.
Rentwiki makes some of the Site Content (the "Feed Content") available via Real Simple Syndication and Atom feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog, provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on the Site and attributes Rentwiki as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that Rentwiki promotes or endorses any third party causes, ideas, web sites, products or services, (d) you do not redistribute the Feed Content, and (f) your use of the Feeds does not overburden Rentwiki's systems. Rentwiki reserves all rights in the Feed Content and may terminate the Feeds at any time. Please contact our business development team through to inquire about other possible uses of the Feeds.
Rentwiki reserves the right (but is under no obligation) to modify, update, or discontinue the Site or any of the Services at its sole discretion, at any time, for any or no reason, and without notice or liability.
Rentwiki reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Rentwiki, in its sole discretion, may (but has no obligation to) monitor or review the Services and Site Content at any time. If Rentwiki becomes aware of any possible violations by you of the Terms of Service or any law or third party right, Rentwiki reserves the right to investigate such violations. If, as a result of such investigation, Rentwiki believes that criminal activity has occurred, Rentwiki reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, Rentwiki is entitled to disclose any information or Site Content, including Your Content, in Rentwiki's possession in connection with your use of the Services to (i) comply with applicable law, legal process or governmental request, (ii) enforce the Terms of Service, (iii) respond to any claims that Your Content violates the Terms of Service or any law or third party right, (iv) respond to requests for customer services, or (v) protect the rights, property or personal safety of Rentwiki, its Users or the public, and law enforcement or other government officials, as Rentwiki in its sole discretion believes to be necessary or appropriate.
Rentwiki owns the Rentwiki Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user wikis and reviews, and all other elements and components of the Site excluding User Content and Third Party Content. Rentwiki also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights (the "IP Rights") associated with the Rentwiki Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Rentwiki Content in whole or in part except as expressly authorized by Rentwiki. Except as expressly and unambiguously provided herein, Rentwiki does not grant you any express or implied rights, and all rights in and to the Site and the Rentwiki Content are retained by Rentwiki.
WITHOUT LIMITING THE FOREGOING, RENTWIKI WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RENTWIKI'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO RENTWIKI IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) US$50.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree to indemnify and hold Rentwiki, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site or Services, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account arising from Your Content, of any intellectual property or other right of any person or entity. Rentwiki reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Rentwiki. Rentwiki will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to our legal department.
Rentwiki and the Rentwiki logo are proprietary service marks of Rentwiki, Inc.