Acceptance of Terms
In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via this Site. ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Other than as explicitly set forth in the immediately preceding paragraph, nothing contained in these Terms or on the Property or in any communication from the Property or Company should or will be construed as granting, by implication, estoppel or otherwise, any license or right to use any Sperling’s BestPlaces Content in any manner without the prior written consent of Company or such third party that may own the Sun-Times Content displayed on the Property. ANY UNAUTHORIZED USE OF ANY OF THE SPERLING’S BEST PLACES CONTENT IS STRICTLY PROHIBITED. Unless your use of the Sperling’s Best Places Content is otherwise authorized in accordance with these Terms.
YOU MAY NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS PROPERTY MAY BE TERMINATED IMMEDIATELY IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON
The Services include the Fast Forward, Inc. Site. The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Fast Forward, Inc. does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Fast Forward, Inc. is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you release Fast Forward, Inc. from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
User Submitted Content
You are solely responsible for any Content and other material that you submit, publish, display or link to on the Site or send to other Fast Forward, Inc. users. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or is in violation of any Federal, State or local Fair Housing Laws. You will at all times adhere to the Fast Forward, Inc. Community Guidelines and that all submitted content you believe to be true. In addition, you agree to not purposely provide false or misleading information on the Service.
For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material, and to grant Fast Forward, Inc. all of the license rights granted herein. Any content that you submit to Fast Forward, Inc. may be redistributed through the internet and other media channels, and may be viewed by the general public.
You understand that Fast Forward, Inc. does not monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because Fast Forward, Inc. does not control the Content posted via the Service, Fast Forward, Inc. does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Fast Forward, Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Should Content be found or reported in violation with, but not limited to, the following terms, it will be Fast Forward, Inc. sole discretion as to what action should be taken, including suspension and/or termination of your account.
The Property may provide you and other users with the opportunity to comment and participate in forums, blogs, message boards, social networking, social communities and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to site, including, without limitation, photographs, writings, music, video, audio recordings and/or computer graphics (collectively, "User Content").
You agree that:
- Your User Content is written, designed, captured or otherwise created exclusively by you and was not copied from another source; OR, all individuals that created or contributed in any way to your User Content have granted you permission to submit your User Content, with full knowledge that Company may exploit it in any manner whatsoever; AND you have obtained all necessary consents and releases from individuals (or the legal guardians of such individuals) depicted in your User Content for you to submit your User Content, with full knowledge that Company may exploit it in any manner whatsoever.
- Your User Content does not threaten, harass, intimidate, abuse others or use language that is intended to insult others. You may not make any negative comments that are connected to race or national origin, gender, sexual preference, religion or physical handicap.
- Your User Content does not contain profane, obscene, sexual or other inappropriate language.
- Your User Content does not contain any false statements, defame, libel or disparage anyone.
- You do not and will not disclose personal information about other people in your User Content without their consent.
- Your User Content does not and will not encourage violence, instigate violence or describe how to perform a violent act.
- Your User Content does not and will not promote illegal activity.
- Your User Content does not and will not solicit gambling.
- Your User Content does not and will not advertise, promote or offer to trade any products, goods or services. For rules on advertising content, see Paragraph 18.
- Your User Content does not and will not contain viruses, Trojan horses or other materials that modify, impair, disrupt, alter or interfere with the operation or maintenance of a Company web site. Do not upload materials that collect or transmit information, including, spyware, passive collection mechanisms, cookies or other similar devices. Do not launch any automated system, including any spider, robot, scraper or offline reader.
- You will not circumvent, disable, violate or otherwise interfere with web site security, the procedures for sending User Content, or other limitations on access to or use of Company web site.
- Your User Content does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You grant to Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, cache, store, use, copy, distribute, sell, re-sell, display, perform, publish, broadcast, transmit, modify, edit, reformat, translate or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media or medium now known or hereafter developed and with any technology or devices now known or hereafter developed. You further agree that Company is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Property or Company, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such User Content. You also grant to Company the right to sub-license and authorize others to exercise any of the rights granted to Company under these Terms and any Additional Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Company under these Terms and any Additional Terms. You further authorize Company to publish your User Content in a searchable format that may be accessed by users of the Property and the Internet.
You understand that Fast Forward, Inc. does not endorse or warrant any particular content or information available via the Site. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves.
Modification Of Fast Forward, Inc. Services
Fast Forward, Inc. reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Fast Forward, Inc. shall not be liable to you or any third party should Fast Forward, Inc. exercise its right to modify or discontinue the Service or part of it.
Copyright And License
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2013 Fast Forward, Inc., Inc. and/or its licensors. You are granted a limited, non-sub-licensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to: publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media; market, sell or make commercial use of the Site or any Materials; systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; make derivative uses of the Site or the Materials; or use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page). Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Fast Forward, Inc. or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Fast Forward, Inc. does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. Fast Forward, Inc. uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Fast Forward, Inc. does assert copyright and reserves all right to the search results and associated compilations.
Requests to use the Content for any purpose other than as permitted in this paragraph should be submitted as directed on the Website.
Access to Password-Protected or Secured Areas
Access to and use of password-protected or secured areas of this Web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this Web site. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials you are exposed to through this Web site. If you violate your obligations under this section, you may be subject to prosecution.
Trademarks And Service Marks
"Sperling's Bestplaces" and our logos are either trademarks, service marks or registered trademarks of Fast Forward, Inc., Inc. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing "Sperling's Bestplaces" or any other name, trademark, or product name of Fast Forward, Inc. without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Fast Forward, Inc., and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Fast Forward, Inc. names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Links To Other Sites
The Services contain links to third-party Web sites. These third-party sites are not under the control of Fast Forward, Inc.. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Fast Forward, Inc. is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Digital Millennium Copyright Act Compliance
Fast Forward, Inc. complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Fast Forward, Inc. copyright agent the following written information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Before sending a notice to Fast Forward, Inc., you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Fast Forward, Inc. Copyright Agent for notice of claims of copyright infringement is provided below.
Attn: DMCA Agent Fast Forward, Inc. PO Box 82937 Portland, OR 97282 USA
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
Limitation Of Liability
IN NO EVENT SHALL Fast Forward, Inc., ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold Fast Forward Inc. harmless from and against any and all third-party claims, liabilities, damages, losses, or expenses arising out of, based on, or in connection with your access and use of this website.
Disclaimer of Responsibility
The website is provided by Fast Forward Inc. on an “as available” basis. Fast Forward makes no warranties of any kind, express or implied, as to the operation of this website, or the information, content, materials, or products including third party content, user generated contend and original work, that are presented on this site. You agree that your use of this website is at your sole risk. You should not assume that the materials on this website are continuously updated or contains current information. Fast Forward is not responsible for ensuring the timeliness or accuracy of content or materials on the site. To the full extent permissible by applicable law, Fast Forward Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Fast Forward, Inc. does not warrant that this site, servers, or email sent from this domain are free of viruses or other harmful components. Fast Forward, will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, or consequential damages.
In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. Fast Forward, Inc. does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.
Choice Of Law, Waiver, And Claims