360MODERN TERMS AND CONDITIONS OF USE
INFORMATION ABOUT US
The website www.360modern.com (the “Website”) is operated and managed by 360 Degrees Modern, LLC, a Washington limited liability company whose principal place of business is 1631 15th Ave W, STE 321, Seattle, Washington 98119 (“we”, “us” or “360modern”). The Website provides information about modern and mid-century modern residential real estate, including articles, homes listed for sale by local brokers, and research information for buyers and sellers.
IMPORTANT LEGAL NOTICE – WEBSITE CONDITIONS OF USE
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
The Website is evolving and may change from time to time without prior notice to you. We reserve the right to change or modify these Terms or any policy or guideline of the Website we offer at any time. Your use of the Website will be subject to the most current version of these Terms posted on the Website at the time of your use. Your access or use of the Website at any time constitutes acceptance of the Terms in effect at that time. Please also note that some of these terms and conditions may be expressly varied, cancelled or superseded by special conditions or notices published in other sections of the Website. We recommend that you check the Website from time to time to inform yourself of any changes in these Terms or any of our other policies. We retain the right to limit or stop your use of the Website at our sole discretion at any time without prior notice.
We will use reasonable efforts to ensure that the information published on the Website is accurate, however, we do not guarantee the accuracy or completeness of any information displayed on the Website. 360modern may at any time change the content, description of the Website or other materials, which may be done without prior notice. It is understood that 360modern undertakes no commitment or obligation to update the material published on the Website.
1. INTELLECTUAL PROPERTY RIGHTS AND LICENSING CONDITIONS.
Unless otherwise expressly provided, all intellectual property rights, including copyright, in and to the Website and in the material published on the Website (including, art-work, photographs, pictures and graphic diagrams) are the property of 360modern or its licensing agents. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Any use of the contents of this Website not permitted under these Terms is strictly forbidden. If you breach any condition herein we may automatically terminate your access and ability to use the Website, and at our option, you must immediately return or destroy any material printed or downloaded from the Website.
All source code and content used on or in connection with the Website is the sole property of and copyrighted by 360modern, or has been licensed for use by permission of the copyright owner. No source code or other content from the Website may be copied or used for any purpose without the prior written permission of 360modern.
Information about and photographs of individual properties displayed on the Website are provided by the listing agent and/or by the multiple listing service for the area in which the subject property is located. 360modern asserts no copyright to any such content unless indicated otherwise.
Subject to your compliance with all of the Terms, we grant you a limited, revocable, non-exclusive, non-transferrable license to print or download extracts from the Website for your own personal use (and for the avoidance of doubt, not any commercial use) PROVIDED:
- You do not change any document or graphic item of the Website in any way;
- You do not distribute any materials from the Website or publicly display them;
- You do not use any illustrations, photographs, video or audio sequences or any graphic items of the Website separately from the accompanying text;
- You do not modify the paper or digital copies of any materials you have printed or downloaded in any way;
- You acknowledge Our status (and that of any identified contributors or licensors) as the authors of material on the Website;
- You include all copyright declarations and the registered trademark declarations, together with this licensing declaration, to each copy extracted from the Website.
Notwithstanding the above, no part of the Website may be reproduced or filed in or linked to or from any other website or included in any system of information filing and search or service provision, without prior consent in writing from 360modern. This license is revocable at any time.
The trade name “360modern” and the 360modern logo and other 360modern logos and product and service names are or may be trademarks of 360 Degrees Modern, LLC (the “360modern Marks”). Without our prior written permission, you agree not to display or use in any manner the 360modern Marks. You do not obtain any ownership, intellectual property or other proprietary rights in the content or other materials on the Website. Except for the limited license above, we reserve all other rights.
Any use of the Website or the 360modern Marks other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We reserve the right to terminate user accounts of or access by users who, in our good faith opinion, we believe to be violating the law. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
2. SITE ACCESS
We will endeavor to keep the Website accessible. However, we do not guarantee that the Website will be accessible at any given time or for any period of time.
Your access to the Website may be temporarily suspended in the case of system error, need of maintenance or repair, or for any other reason beyond our reasonable control. In addition, we may terminate your access to the Website at any time, without prior notice and block or prevent your future access to and use of the Website if you do not comply with the Terms. You acknowledge that neither 360modern nor our affiliates are liable for any losses of damages, including from lost data, resulting from the suspension or termination of your access to the Website.
3. USER CONTENT
The Website may allow you to create, upload, and share information related to modern homes. The Website may also allow you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others (collectively “User Content”). You are solely responsible for your use of User Content and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our service any materials:
- that are unlawful, libelous, defamatory, harassing, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, such as to incite racial hatred, discriminatory or discriminating, menacing, scandalous, inciting, blasphemous, damaging to obligations of secrecy, prejudicial to privacy or publicity rights or that may in any way cause annoyance or harm, deceptive, fraudulent or otherwise objectionable;
- for which the necessary licenses or approvals have not been obtained or would violate the rights of any party or any local, state, national or international law; or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- that represent or encourage forms of behavior that may be considered to be offenses, that may determine someone’s civil liability, that are in any way against the law, public order or good conduct or that harm third-parties’ rights anywhere in the world;
- that could cause damage (including, without any restrictions whatsoever, computer viruses, logic bombs, Trojan horses, worms, malware, defective components, corrupt data or other software with harmful content or capable of causing damage);
- that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Website;
- that is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
- that does not comply strictly with any carrier agreements and terms associated with your mobile device;
- that attempts to disrupt the Website; or
- that abuse the Website in any way (including, by way of example and without limitation, “hacking”).
We do not own the User Content you post on or otherwise submit to the Website, but in posting and/or otherwise submitting User Content to the Website, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in any and all media (now known or hereafter developed). You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under these Terms.
Removal of User Content
By accessing the Website, you agree that we are not liable for any statements, representations, or other User Content or other materials displayed on the Website by third parties, including by our advertisers. Although we have no obligation to screen, edit or monitor any of the materials appearing on the Website from you or other third parties, we reserve the right, and have absolute discretion, to remove, screen or edit any such materials posted or stored on the Website at any time and for any reason without notice at our sole discretion. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Website, at your sole cost and expense.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from and against any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post, transmit or otherwise make available on the Website, your violation of the Terms, or your violation of any rights of another.
4. THIRD PARTY MATERIALS
We allow advertisers and corporate partners to post content on the Website and provide links to sites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. These advertisements may be targeted to users based on information they provide through use of the Website or other information. We do not control, endorse or adopt any Third Party Content and we make no representation or warranties of any kind regarding the Third Party Content. We take no responsibility and assume no liability for any Third Party Content. The types and extent of advertising by 360modern on the Website are subject to change in our sole discretion.
5. SITE LOG-INS
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms within our service (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
Your Website log-in is valid for you only. Any identification code, username, password or any other piece of information provided to you by 360modern as part of our security procedure must be treated by you as strictly confidential, and you must not disclose it to any third party (even within a network). We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
You are solely responsible for ensuring the confidentiality and use of the password and personally assume all risks and liability relating thereto.
6. COOPERATION WITH PUBLIC AUTHORITIES
360modern will co-operate actively with the public authorities in charge of performing investigations and will comply with any court order requiring or ordering 360modern to disclose the identity and to identify the subjects that transmit or enter material not in conformity with the Terms or contrary to any laws, rules or regulations.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR ACCESS AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 360 MODERN AND ITS SUBSIDIARIES AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) 360 MODERN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (ii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE WEBSITE OR ITS CONTENT WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF ANY SUCH MATERIAL; (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 360 MODERN OR THROUGH OR FROM THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 360MODERN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE OTHERWISE FORESEEABLE), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR RESULTS OF THE USE OF THE WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT (INCLUDING WITHOUT LIMITATION, THE LOSS OR DAMAGE DUE TO THE SPREAD OF VIRUSES THAT MAY AFFECT YOUR ELECTRONIC EQUIPMENT (COMPUTER OR OTHERWISE), SOFTWARE, DATA OR OTHER PROPERTY USED FOR ACCESS, USE OR BROWSING ON THE WEBSITE BY YOU OR USED TO DOWNLOAD MATERIAL FROM THE WEBSITE OR FROM OTHER WEBSITES LINKED TO THE WEBSITE), INCLUDING ANY RESULTING FROM LOSS OF DATA, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACT, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, WASTED MANAGEMENT OR OFFICE TIME, AND FOR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR WEBSITE. 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
Nothing in these terms and conditions is intended to or may be construed to limit or exclude the liability of any party for death or personal injury arising from gross negligence, or any other liability that cannot be excluded or limited under applicable laws.
9. LINKS TO AND FROM THE WEBSITE
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have not performed any check on websites that are linked by or accessible from the Website and nor are we responsible for how the said websites are managed, their content and their availability to use. We have no control over the content of those sites or the resources available therefrom, and accept no responsibility for them or for any losses or damages that may arise from your use of such sites. If you decide to access any website by a link from the Website, you do so at exclusively your own responsibility and risk.
If you wish to create your own link to the Website, you may do so only if such link is in compliance with the following conditions:
- an effective link is created to the Website homepage only;
- the Website content is not replicated in any way; the size or features of any of our trademarks and the 360modern logo are not removed, deformed or altered in any other way;
- no frame is created and/or no other browser or environment is entered around the Website;
- the link does not mean, directly or indirectly, that we are promoting the products or services of any third party;
- no form of relationship is created, attempted to be created or is in any way represented (expressly or impliedly) between 360modern and you and no false or incorrect or inaccurate information about 360modern is conveyed;
- no attempt is made to use any trade mark, logo, image or artwork reproduced on the Website without prior express consent in writing from 360modern; no rights are thereby granted to you in any way whatsoever to use our trademark or other intellectual property rights associated with such use and all goodwill vests in us from such use;
- the link is not enabled from any third party website that is not managed by you;
- your website does not display contents that are pornographic, offensive or polemic, prejudicial to any intellectual property right or any other right of third parties or that in any other way violates legal provisions, regulations, public order or good conduct.
We reserve the right at all times to immediately cancel or suspend your right to create a link to the Website and reserve our rights to take any other step if any of the terms of this clause are breached.
You agree to indemnify and hold us harmless from any losses, claims, expenses (including attorneys’ fees) or other liability that may arise from any breach by you of any of the conditions set out in these Terms, including any violation of the linking conditions set forth above.
10. INFRINGING MATERIALS; COPYRIGHT COMPLAINTS
Claims of Copyright Infringement
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
- A physical or electronic signature of the poster;
- 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 access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of copyright infringement and counter notifications should be sent:
1631 15th Ave W., Suite 321
Seattle, Washington 98119
By e-mail: [email protected]
This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/onlinesp.
11. REPEAT INFRINGER POLICY
At our sole discretion, we may terminate access to the Website by users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Website and/or terminate accounts of any users for reasons of our own discretion that we are not obligated to reveal, at any time.
12. THE ROLE OF 360 DEGREES MODERN
360modern is a local and licensed real estate brokerage company operating in the State of Washington only. Website Users may make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making such requests, the Website User authorizes 360 Modern to share the User’s personal information including their home search history, favorites and saved searches to a real estate professional in order to satisfy the User’s request. When Website Users make such requests to 360 Modern they are extending an express invitation for 360 Modern, or another appropriate entity or person, to contact the user.
Other States Disclaimer
For clarity, 360 Modern is not licensed as a real estate brokerage company in any state except Washington State. In all States, except Washington State, 360modern operates the Website as an online real estate advertising and research service for buyers and sellers. In those states, 360modern does not represent such buyers or sellers and does not provide real estate services to such buyers or sellers.
13. APPLICABLE LAW; DISPUTES
If you have any concerns or questions about material which appears on the Website, please contact [email protected]
These Terms constitute a written agreement between you and 360 Modern. A printed version of these Terms, and of any electronic notice pertaining to these Terms, are admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
14. MLS DISCLAIMERS
360modern receives information regarding homes for sale from multiple listing sources, and the following disclaimers apply to listings for the respective data source below.
Northwest Multiple Listing Service (NWMLS)
Listing provided courtesy of Northwest MLS. The information contained in this listing has not been verified by 360modern or the MLS and should be verified by the buyer.
The content relating to real estate for sale on this web site comes in part from the IDX program of the RMLS™ of Portland, Oregon. Real estate listings held by brokerage firms other than 360modern are marked with the RMLS™ logo, and detailed information about these properties includes the names of the listing brokers. Listing content is copyright © 2017 RMLS™, Portland, Oregon.
- That all content obtained from this website may be used only for the consumer’s personal, non-commercial use, and only for the purpose of identifying real property for purchase;
- That the Consumer has a bona fide interest in the purchase, or lease of real estate of the type being offered through the website;
- That the Consumer will not copy, redistribute or retransmit any of the content or information provided, or use such data in any other way or for any other purpose;
- That the Consumer acknowledges RMLS™ ownership of and copyright in the RMLS™ database, including the content provided automatically by this website according to the criteria established.