Terms of Service

Neighborology Terms of Service

The effective date of this Agreement is August 1, 2007.

By using the Neighborology Services (as defined below) which are owned and operated by Neighborology, Inc. ("Neighborology") and by accessing the Neighborology site located at http://neighborology.com, and all linked pages owned and operated by Neighborology (collectively, the "Neighborology Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules, and additional terms referenced herein, and all such guidelines, rules, and terms are hereby incorporated herein by this reference (collectively, "Terms of Service").

Neighborology's on-line services which are available at the Neighborology Site will, among other things, help you meet and interact with users who live in your community or region or in other regions by allowing you to share messages, blog entries, discussion comments, reviews, photos, and videos within geographically defined networks ("Neighborology Services"). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Neighborology Site and Neighborology Services. Please read these Terms of Service carefully. Your access to or use of the Neighborology Services constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the Neighborology Services.

  1. Eligibility.
    You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account on Neighborology or use the Neighborology Site and/or Neighborology Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Neighborology Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Neighborology Services.  Use of the Neighborology Services is void where prohibited by applicable law, and the right to access the Neighborology Site is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Neighborology Site and/or Neighborology Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Neighborology Site is administered in the US and intended for US users; any use outside of the US is at the user's own risk, and users are responsible for compliance with any local laws applicable to their use of the Neighborology Site and/or Neighborology Services.
  2. Changes to the Agreement or the Neighborology Site/Services.
    You agree and understand that these Terms of Service, the Neighborology Site, and the Neighborology Services may be modified by Neighborology at any time without prior notice, and such modifications will be effective upon Neighborology's posting of the new terms and/or upon implementation of the new changes on the Neighborology Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Neighborology Services after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Neighborology, any new features, new services, enhancements or modifications to the Neighborology Services implemented after your initial access to the Neighborology Services shall be subject to these Terms of Service.
  3. User Account and Security.
    In order to use or access some of the Neighborology Services, you may be required to join Neighborology by providing your first and last name, an email address you own and use, and your zip code, and by selecting a password and user name ("User ID"). If you join, you agree to provide Neighborology with accurate, complete, and updated account information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Neighborology reserves the right to refuse use of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Neighborology Services shall be for your personal use only. You agree to (a) immediately notify Neighborology of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
  4. Use of the Site/Services.
    Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the Neighborology Site to post messages, blog entries, discussion comments, reviews, photographs, and videos; search the Neighborology database for other users, reviews, and business contact information; forward blog entries, discussion comments, reviews, photographs, and videos to people you know, whether or not they are existing Neighborology users; invite people you know to join Neighborology; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages, and other materials available via the Neighborology Services ("Content"), and other items displayed on the Neighborology Site, for your own use. You may not copy or distribute any portion of the Neighborology Site and/or Neighborology Services for any purpose not authorized above without the express written permission of Neighborology. Neighborology does not control the Content posted by third parties via the Neighborology Services, including the content of any messages, blog entries, discussion comments, reviews, photographs or videos, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Neighborology Services you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Neighborology be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Neighborology Services. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
  5. Restrictions on Rights to Use.
    You agree that you shall not (and you agree not to allow any third party to):
    • modify, adapt, translate, or reverse engineer any portion of the Neighborology Site and/or Neighborology Services;
    • remove any copyright, trademark or other proprietary rights notices contained in or on the Neighborology Site and/or Neighborology Services or in or on any Content or other material obtained via the Neighborology Site and/or Neighborology Services;
    • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Neighborology Site and/or Neighborology Services;
    • access, retrieve or index any portion of the Neighborology Site and/or Neighborology Services for purposes of constructing or populating a searchable database of any kind;
    • collect any information about other users (including user names and/or email addresses) for any purpose other than to invite other users to join Neighborology or your community;
    • reformat or frame any portion of the web pages that are part of the Neighborology Site and/or Neighborology Services;
    • create user accounts by automated means or under false or fraudulent pretenses;
    • create or transmit unwanted electronic communications such as "spam" to other users of the Neighborology Site and/or Neighborology Services or otherwise interfere with other users’ enjoyment of the Neighborology Site and/or Neighborology Services;
    • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
    • use the Neighborology Site or Neighborology Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene;
    • copy or store any Content offered on the Neighborology Site for other than your own use;
    • use any device, software or routine that interferes with the proper working of the Neighborology Site and/or Neighborology Services, or otherwise attempt to interfere with the proper working of the Neighborology Site and/or Neighborology Services;
    • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
    • use the Neighborology Site and/ or Neighborology Services, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
    • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
  6. Content Posted By You on the Neighborology Site.
    • You are solely responsible for any Content and other material that you submit, publish or display on the Neighborology Site or transmit to other users of the Neighborology Site and/or Neighborology Services and/or other website users (hereinafter, "Posted Content").
    • 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.
    • You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by Neighborology.
    • You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
    • You understand and agree that Neighborology may review and delete any Posted Content that in the sole judgment of Neighborology violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Neighborology Site and/or Neighborology Services and/or other website users.
    • You are solely responsible for your ratings and reviews of businesses listed on Neighborology. Neighborology reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
    • You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
    • By posting Posted Content on the Neighborology Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Neighborology, its contractors, and the users of the Neighborology Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that Neighborology shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Neighborology users for purposes of constructing or populating a searchable database.
    • The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Neighborology Site. Neighborology reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Neighborology Site and terminating the account of such violators or blocking your use of the Neighborology Site and/or Neighborology Services. You may not post Content that:
      • is false or intentionally misleading;
      • is patently offensive to users of the Neighborology Site, such as Content or messages 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 unsolicited mass mailing or "spamming";
      • violates the intellectual property or other rights of any person;
      • promotes illegal activities or conduct that is abusive;
      • is threatening, obscene, defamatory or libelous;
      • is pornographic or sexually explicit in nature; and
      • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
  7. Copyright Dispute Policy.
    Neighborology has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Neighborology's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section
    • Neighborology Policy.
      It is Neighborology's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers or users; and (ii) remove and discontinue service to repeat offenders.
    • Procedure for Reporting Copyright Infringements.
      If you believe that material or Content residing on or accessible through the Neighborology Site and/or Neighborology Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
      2. Identification of works or materials being infringed;
      3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Neighborology is capable of finding and verifying its existence;
      4. Contact information about the notifier including address, telephone number, and, if available, email address;
      5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
      6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
    • Upon Receipt of a Proper Bona Fide Infringement Notification.
      Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Neighborology's policy:
      1. to remove or disable access to the infringing material;
      2. to notify the Content provider or user that it has removed or disabled access to the material; and
      3. that for repeat offenders, Neighborology will also terminate such Content provider's or user's access to the Neighborology Services.
    • Procedure to Supply a Counter-Notice to the Designated Agent.
      If the Content provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to the Designated Agent listed below:
      1. A physical or electronic signature of the Content provider or user;
      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
      3. A statement that the Content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
      4. The Content provider's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Neighborology is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
    • Removal.
      If a counter-notice is received by the Designated Agent, Neighborology may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Neighborology's discretion.
    • Address for Designated Agent.
      Please contact Neighborology's Designated Agent to Receive Notification of Claimed Infringement at the address listed on the Contact Us page.
  8. Venue Only.
    If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Neighborology Site and/or Neighborology Services, such activity is solely between you and the applicable third party. Neighborology shall have no liability, obligation or responsibility for any such activity. You hereby release Neighborology from all claims arising from such activity.
  9. Privacy.
    Use of the Neighborology Site and/or Neighborology Services is also governed by our Privacy Policy, a copy of which is currently located at http://neighborology.com/privacy.
  10. Term.
    These Terms of Service will remain in full force and effect while you use the Neighborology Site and/or Neighborology Services.
  11. Ownership.
    The Neighborology Site and Neighborology Services (including, but not limited to, text, photographs, graphics, video, and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content, and other elements comprising the Neighborology Site and Neighborology Services are also copyrighted works. Except for the Content submitted by users, the Neighborology Site and Neighborology Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Neighborology or its licensors. You acknowledge that the Neighborology Site and Neighborology Services and any underlying technology or software used in connection with the Neighborology Site and Neighborology Services contain Neighborology’s proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Neighborology Site or Neighborology Services in whole or in part except as expressly provided in Neighborology’s policies and procedures made available via the Neighborology Services. Except as expressly and unambiguously provided herein, Neighborology and its suppliers do not grant you any express or implied rights, and all rights in the Neighborology Site and Neighborology Services not expressly granted by Neighborology to you are retained by Neighborology.
  12. Disclaimer.
    THE NEIGHBOROLOGY SITE IS PROVIDED BY NEIGHBOROLOGY ON AN "AS IS" BASIS. NEIGHBOROLOGY AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE NEIGHBOROLOGY SITE, NEIGHBOROLOGY SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE NEIGHBOROLOGY SITE OR IN ASSOCIATION WITH THE NEIGHBOROLOGY SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEIGHBOROLOGY AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEIGHBOROLOGY AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE NEIGHBOROLOGY SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEIGHBOROLOGY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE NEIGHBOROLOGY SITE. Neighborology does not warrant or covenant that the Neighborology Services will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Neighborology Services are free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Neighborology Services is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM NEIGHBOROLOGY, THE NEIGHBOROLOGY SITE OR THROUGH OR FROM THE NEIGHBOROLOGY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
  13. Limitation on Liability.
    Neighborology shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Neighborology's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, NEIGHBOROLOGY AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEIGHBOROLOGY'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 NEIGHBOROLOGY FOR THE NEIGHBOROLOGY SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
  14. Indemnity.
    You agree to indemnify and hold Neighborology, its parents, subsidiaries, affiliates, officers, and employees, 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 the Neighborology Site, (ii) your use of the Neighborology Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
  15. Miscellaneous.
    If there is any dispute about or involving the Neighborology Site and/or Neighborology Services, by using the Neighborology Site, you agree that the dispute will be governed by the laws of the State of ______________ without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of _______________________, City of ____________________. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Neighborology in any respect whatsoever. Neighborology may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail or postings on the Neighborology Site. These Terms of Service, accepted upon use of the Neighborology Site and/or Neighborology Services, and all terms, guidelines, and rules referenced herein contain the entire agreement between you and Neighborology regarding the use of the Neighborology Site and/or Neighborology Services. The failure of Neighborology to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with Neighborology's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include Neighborology's acceptable use policy for Content posted on the Neighborology Site, Neighborology's Privacy Policy, and any notices regarding the Neighborology Site.
  16. Contact and Violations.
    Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service by Contacting Us.
  17. Mark.
    Neighborology is a proprietary service mark of Neighborology, Inc.