Terms of Use
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This website (this “Site”) is provided by LifeAt LLC (“LifeAt” or “we” or “us”) as part of a program of services (collectively, the “Service”) designed to help participating residents (“Residents”) of select apartment buildings, condominiums and residential communities enhance their residential experience, and also to help prospective tenants or buyers find open apartments and condominiums at these buildings. Individual building owners, managers or staff may also receive access to the Service as if they were Residents. To receive the Service (including access to this Site), you must first accept the following terms and conditions (the “Terms of Use”) and the terms of our Privacy Policy. Please note: Your LifeAt network is an independent, Resident-driven experience. Unless your building is identified on this site as a “Premium Sponsored Building”, your LifeAt experience is not sponsored by, endorsed by, affiliated with, or in any way related to your building’s owners, managers or staff. Table of Contents 1. The Service We Provide 1. The Service We Provide The Service is designed to provide Residents with a building-specific “Network” to interact with their neighbors and share their knowledge of the neighborhood. Subject to the provisions below, and to the terms of any agreement we may have with your building’s owners or management, the following elements of the Service are available to Residents and prospective tenants or purchasers: A. Network Access As part of the Service, LifeAt creates a unique Network for each building. If you are a Resident of a building, we will permit you to access the entire Network for that building by using a username and password. Initially, LifeAt will provide you with a temporary username and password in a postcard or other mailing sent to your unit or, in certain participating buildings, provided by your building’s management. Otherwise, you may request a temporary username and password from LifeAt by e-mail to info@lifeat.com. When you register to access the Network, we will ask you to provide your e-mail address and to select a new password of your choosing. Your e-mail address will then be used as your username for login purposes, but will never be displayed to other users. Please note that only one initial username and password will be provided per unit. If there are other Residents living in your unit, you may create an account for your roommates by clicking on “Create Additional Resident Profile” under the “My Personal Info” tab in My Profile and providing the name, e-mail address, and other information requested. We reserve the right to verify this information (including by submitting it to your building’s management) before enabling an additional account. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any activities that occur under your password or account, with or without your knowledge. If you knowingly give your login and password information to another person, we may suspend or terminate your account, in addition to any other remedies available to us. You must immediately notify us if you become aware of any unauthorized use of your password or account or any other breach of security. We can not be liable for any loss or damage arising from your failure to comply with this paragraph. B. Registration Information Please note that you must be at least 18 years old to register at the Site. When you register to access your Network, we will require you to provide your name, e-mail address, and a password of your choosing. As mentioned above, your e-mail address will be used as your username for login purposes. Similarly, if you wish to create an account for other Residents living in your unit, you must provide their name and e-mail address. This information will be subject to the terms of our Privacy Policy.. Any registration information you provide must be true, accurate, current and complete, except that you may provide a preferred nickname when prompted for your first name. Please note that this nickname or first name will be displayed on your profile page and with any messages, reviews, comments or listings that you send or post through the Network. Please also note that we may, but are not obligated to, use the information you provide to verify that you are actually a resident of your Network’s building, and that we may forward this information to building management. C. Profile Information You may also provide profile information such as your occupation, hometown, status, hobbies, and photos. You may update, add, or delete this profile information via the “My Profile” page. All of this information will also be subject to the terms of our Privacy Policy.. Your LifeAt profile may not include any of the following content: telephone numbers, any photographs containing nudity, profanity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, it is possible that information provided by other LifeAt tenants (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services in violation of these Terms of Use. Neither LifeAt LLC nor the owners or management of your building assume any responsibility or liability for this material. We encourage you, however, to help us keep your Network clean by contacting us if you notice any misuse of the Service. D. Messages; Community Forums Many Residents decide to actively use their Network to network, by adding their fellow Residents as “friends” through their Profile pages or by sending messages through the Site. You may opt out of receiving messages or requests from any Resident by clicking the “block user” button on their Profile page. The Site also contains general bulletin boards where you may post messages for other Residents to see. Please note that, if you post a message on any of our message boards, the first name or nickname that you have provided will be displayed with that message. Once you make any information public via the Site, we have no control over how other people use that information. Anyone could view the information that you have made public and use or distribute it in any manner. In addition, please remember that there are always risks of dealing with people acting under false pretense. Although we reserve the right to verify your information, we do not assume any obligation to do so. We can not, and do not, guarantee that each person who claims to be a resident of your building actually is a resident of your building. We are not obligated to pre-screen or monitor any messages
or bulletin boards, but do reserve the right to do so, and to remove
any message from the Site in our discretion. We may also forward offensive
or unlawful content to law enforcement authorities or to your building’s
management or owners. The Site contains Neighborhood Guide and Door-to-Door sections which will allow you to rate, review, and recommend restaurants and other businesses in your neighborhood. The information on these page is submitted by individual Residents. You agree that any information that you provide on these sections will be true and accurate, and that you shall not defame, slander or libel any person or establishment. That said, however, LifeAt can not and does not guarantee the accuracy, integrity or quality of any content submitted by individual users. In addition, your interactions with businesses found on or through the Service, including payment and delivery of goods or services (including any food orders), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those businesses. In no event shall LifeAt or your building be liable for any damages arising out of any interaction between you and such parties. F. Marketplace Each Network contains a Marketplace where Residents can offer goods and services to one another, or post wanted ads. Please keep in mind that the Marketplace is only a venue for Residents to place or respond to classified listings. Unless explicitly stated in the Marketplace, we are not involved in the actual transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have committed to buy. In addition, note that there are risks of dealing with people acting under false pretense. Because user authentication on the Internet is difficult, we can not, and do not, confirm that each person who claims to be a resident of your building is definitely who he or she claims to be. We expect that you will use caution – and common sense – when using the Marketplace. Without limiting any other remedies, LifeAt may terminate your account if you are found or suspected to have engaged in fraudulent activity in connection with our Service. You may not list or sell any item in the Marketplace or otherwise through our Service which: (a) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) otherwise causes a legally-recognized harm (such as a product that contains a defamatory statement); or (c) is illegal under, or your sale of which to the buyer would violate, any applicable law, statute, ordinance or regulation. Without limiting the foregoing, you may not list or sell the following items in the Marketplace or otherwise through the Service: • Weapons or ammunition G. E-mail Blasts As part of the Service, we may need to communicate with you via e-mail (see our Privacy Policy. to learn more about communications). You agree to receive e-mails which are specific to your account and necessary for the normal functioning of the Service, including one or more welcome e-mails which help inform new users about various features of the Service. We may also send Residents occasional e-mail bulletins encouraging them to log in to the Network or take advantage of various features or offers, unless such Residents have opted not to receive these e-mails. These e-mails may also contain neighborhood information, tips and suggestions. If we make these e-mails available to Residents in your Network, you will be able to opt in or out of these e-mails at any time by updating your preferences through your “My Profile” page. H. Information for Prospective Residents Because certain areas of the Service are designed to help prospective Residents discover new rental or purchasing opportunities, you may browse three sections of the Network for any building on the Site, even if you have not yet registered. Specifically, you may view the Home, Door-to-Door, and Neighborhood Guide areas of any Network. However, you will not be able to read or post any reviews or ratings in these sections unless you have logged in as a Resident of that Network’s building. If you decide that a particular building looks appealing, you may click the “I am interested in living at” button on the Home page for that building. You will then be prompted to provide your name, contact information, and detail about your preferences and price range. Depending on whether LifeAt has a direct relationship with that building’s management, and on the terms of any such relationship, your information may be forwarded to either the building’s management or to an independent broker so that they may contact you to discuss openings for rent or purchase at the building. We will not be directly involved in your housing inquiries or transactions with these parties. In no event shall LifeAt be liable for any damages arising out of any interaction between you and such parties. 2. Your Information; Privacy Policy A. Privacy Policy Our use of your information is subject to the terms of our Privacy Policy.. You must agree to the Privacy Policy before you may access the Site. B. Your Registration Information To provide you with access to the appropriate Network, we will require you to provide the name and contact information described above, and may also request that you update or verify this information from time to time. By using the Site, you agree to provide accurate information, and to cooperate with any LifeAt personnel to ensure accuracy. C. Other Information You Provide
As described above, the Site contains optional profile information, ratings and reviews for your neighborhood, an online marketplace, messaging systems, and community bulletin boards. You may choose to submit information through any of these tools. For example, you may submit your own review of a particular restaurant, or offer an item for sale in the marketplace, or add a flattering photo to your profile. Or you may post your thoughts about current happenings at your building on one of the bulletin boards.
By providing information (other than your last name and contact information) via the Site, you agree that LifeAt will have a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable right to use, market, sell, distribute, or reproduce any such information in any manner, including the right to include that information in compilations developed by LifeAt, or to develop derivative works based on that information.
You may not use the Site to transmit or reproduce someone else’s intellectual property. For example, you may not use the message boards to post reviews from someone else’s blog or travel guide, because that could violate the author’s or publisher’s copyright rights. 3. Prohibited Conduct A. Prohibited Conduct You represent and warrant that you shall not do any of the following via the Site or otherwise in connection with the Service: (i) attempt or help anyone else attempt to gain unauthorized
access to the LifeAt Service or its related systems or networks (including
without limitation the impersonation of another Resident or other
use of a false identity or address to gain access to a Network); (iii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (vii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service (the “Content”) in any way; (viii) modify or make derivative works based upon the Service or the Content; (ix) create Internet “links” to the Site or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (x) reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service. B. Rights of LifeAt LifeAt shall have the right to immediately suspend or terminate your access to the Service for any actual or suspected violation of these Terms of Use. LifeAt shall also have the right to itself use or release to third parties (including law enforcement and your building’s management) personally identifiable information regarding any person or entity who is suspected of having used this Site or any other component of the Service for any fraudulent purposes, for harassment, or for having otherwise violated any law, rule or regulation or the rights of third parties or having engaged in any conduct which LifeAt deems improper. By using the Service, you are agreeing to our use or release of any information you provide in any manner we deem appropriate or necessary if you are suspected of having engaged in any conduct which we deem improper. C. How You Can Help Please notify LifeAt immediately of any unauthorized use of your password or account, or if you suspect that there has been any other misconduct described above, by e-mailing us at support@LifeAt.com. 4. Termination of Access Your access to the Service will terminate within thirty days if you move out of your building, or if we have an agreement with your building management or owners that is terminated or interrupted, or if you violate the terms of these Terms of Use. If so, you will no longer be eligible to use the Site as described in this Section 1. For example, you will no longer be eligible to log in to view old messages. If you are moving to a new building for which a LifeAt Network exists, you may request that we migrate your account so that you may access that new Network, instead of your old one, once you have completed your move. Please note, however, that we may be unable to successfully migrate your account, that your access to both Networks may be suspended while we verify your new move, and that neither LifeAt nor the management or owners of your old building or your new building shall have any obligation to maintain, store or transfer your account or any of your data. 5. General A. Agreement Required LifeAt shall have no obligation to provide the Service to you unless and until, and except to the extent that, LifeAt is required to do so pursuant to an agreement between LifeAt and your building’s management. If your building is not designated as a Premium Sponsored Building, no such agreement exists. B. LifeAt Property As between the parties, LifeAt shall own and retain all right, title and interest in and to the Service, the Site, and any technology or content contained in or made available through the Service (other than your own name and contact information), and shall also own any suggestions, ideas, enhancement requests, feedback, recommendations or other information that you may provide relating to the LifeAt Service. The LifeAt name and logo are trademarks of LifeAt or third parties, and no right or license is granted to use them. Other trademarks and trade names that may appear on the Site are the property of their respective owners. C. Your Data You, not LifeAt, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of any information you submit via the Site, and LifeAt shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such information. LifeAt reserves the right to withhold access to, remove and/or discard your information from the Site or terminate your account without notice for any breach of these Terms of Use, upon any breach or termination of any contract LifeAt may have with your building’s owners or management, or in the event that you cease to reside at the building to which your Network relates. In the event that your account it terminated, your ability to access or use data through the Service shall immediately cease, and LifeAt shall have no obligation to maintain or forward any data that you have submitted. D. Third Party Offers As part of the Service, LifeAt may provide you with information regarding goods or services offered by various third parties (including without limitation paid advertisers or sponsors of the LifeAt Service, and independent brokers of apartment or condominium units). Similarly, your fellow Residents may offer goods or services via the Marketplace section of your Network. In no event shall LifeAt or your building be liable for any damages arising out of any interaction between you and such parties. E. Warranties; Disclaimers THE SERVICE (INCLUDING WITHOUT LIMITATION THE SITE, AND ANY TOOLS OR DATA INCLUDED THEREIN) IS PROVIDED "AS IS" AND LIFEAT DOES NOT PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE PERFORMANCE OF THE LIFEAT SERVICE, INCLUDING ITS SAFETY, QUALITY, EFFECTIVENESS, COMMERCIAL VIABILITY OR MERCHANTABILITY. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY IN THIS REGARD. In no event shall LifeAt or your building be liable for any damage whatsoever arising out of the use of or inability to use the LifeAt Service, even if LifeAt has been advised of the possibility of such damages. F. Limitation of Liability In no event shall LifeAt or your building be liable to any person for any incidental, consequential, special, indirect or punitive damages (including without limitation lost profits) relating to the Service or otherwise relating to these Terms of Use (whether for breach of contract, tort, or negligence) or its termination and irrespective of whether LifeAt has been advised of the possibility of any such loss or damage. In no event shall LifeAt’s total aggregate liability to you, your fellow residents, and your building, for any matter arising out of or relating to the provision of the Service, exceed the amounts that LifeAt has then received from your building, which may be zero. The limitations contained in this section shall survive any failure of an exclusive or limited remedy. G. Indemnification You hereby agree to indemnify, defend and hold LifeAt and your building’s owners and managers, and our and their officers, directors, employees and agents (collectively, the “Indemnitee”) harmless from and against any and all losses, costs, expenses (including reasonable outside attorneys’ fees), claims, suits and liabilities by third parties (collectively, “Claims”) that the Indemnitee may suffer or incur, that arise, result from, or relate in any way to (i) your infringement of any intellectual property or other rights of a third party; (ii) your violation of any laws or regulation of any governmental, regulatory or judicial authority arising from your use of the Service; (iii) your violation of these Terms of Service, or (iv) your actual or alleged gross negligence or willful misconduct in connection with your use of the Service. H. Governing Law; Jurisdiction These Terms of Use shall be governed by New York law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with the Service shall be subject to, and you hereby consent to, the exclusive jurisdiction of the state and federal courts located in Brooklyn, New York. I. Waiver and Severability No failure or delay on the part of either party in exercising any right or remedy hereunder will operate as a waiver thereof or any other provision. In the event that any provision of these Terms of Use is determined by a court of competent jurisdiction to be unenforceable or invalid, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and the unenforceable provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision. J. Changes to the Service LifeAt reserves the right to redesign or modify the organization, structure, features, pricing, or “look and feel” of the Service and any portion thereof at any time without prior notice or liability hereunder. K. Modification to Terms LifeAt reserves the right to modify the provisions of these Terms of Use at any time by posting an updated version of this document on the Site, provided, however, that no such modification shall have retroactive effect. Except as provided in this paragraph or otherwise provided in the Terms of Use, no modification of or amendment to the Terms of Use, and no waiver of any rights thereunder, will be effective unless in writing signed by the party to be charged. L. Transfer Prohibited Your LifeAt account is personal to you, and you may not assign or transfer your LifeAt account or any of your rights under these Terms of Use to any third party without our prior written consent, which may withhold for any reason or for no reason. Any attempted assignment or transfer in violation of the foregoing shall be deemed a material breach of the Terms of Use. M. How To Contact Us If you have any questions about this Agreement, the practices of LifeAt, or your experience with the Service, you can e-mail us at support@LifeAt.com or send us mail at Member Support, LifeAt LLC, 752 Pacific Street, Suite 501, Brooklyn, NY 11238. N. Copyright Policy and Designated Agent for Notification of Claims of Infringement LifeAt respects the intellectual property of others, and we ask our users to do the same. If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), that contains substantially the following information: 1. Identify the copyrighted work or intellectual property that you claim has been infringed in sufficient detail so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.mycopyrightedcontent.com/this." 2. Identify the URL on the Site that contains the material that you claim infringes your copyright. Again, you must provide us with reasonably sufficient information to let us locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.LifeAt.com/infringing." 3. Include your name, mailing address, telephone number and e-mail address. 4. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. 5. Include 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. 6. Include a statement by you, made under the penalty of perjury, that the information contained in your Notice is accurate and that you are the copyright owner or that you are authorized to act on the copyright owner's behalf. You can mail, e-mail, or fax your Notification of Alleged Copyright Infringement to our Designated Agent at the following addresses: Copyright Agent |
