Biddenly Terms of Use

(last updated January 10, 2013)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING AND USING THIS WEB SITE AT WWW.BIDDENLY.COM (THE "SITE"), YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS OF USE").

Biddenly reserves the right to change or modify these Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes.

General
Biddenly and its subsidiaries and affiliates (collectively, "Biddenly") provide you with access to this Site and the services offered by Biddenly available on it, or other Web sites as indicated below (collectively, the "Services"). Access to and use of the Services is governed by these Terms of Use.

Services
The Services include the Biddenly Site, and other content, products and/or services available on the Site and its affiliates. 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.

Third Party Advertising and Business Dealings
Biddenly may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. Biddenly is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with one or more advertisers or other third parties, you release Biddenly 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 messages, reviews, text, photos, videos, graphics, code, or other content or materials (the "User Content") that you post, submit, publish, display or link to on the Site or send to other Biddenly users. You agree not to post, submit or link to any User Content or material that infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, State or local law, rule or regulation, including Fair Housing Laws. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false or misleading.

You agree that by posting content on the Site, you are granting Biddenly a royalty-free, perpetual, irrevocable and fully sublicensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with the Site or in the course of offering the Services. You understand and agree that any User Content that you post or submit to Biddenly may be redistributed through the internet and other media channels, and may be viewed by the general public.

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 understand that Biddenly does not approve or control the User Content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive services, Biddenly is not liable for any statements, representations, or User Content provided by its users on the Site or in connection with the Services. Biddenly assumes no responsibility for monitoring the Site or the Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, Biddenly reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. Biddenly nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.

Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms of Use.

You understand that Biddenly does not endorse or warrant any particular content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Biddenly be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site or the Service. You use the Site and the Services at your own risk.

Terms involving Listing Property
Requirements for using Listing Property on Biddenly:
- You will only create listing for properties which you are the current legal owner or for which you have permission from the legal owner. You warrant that you have permission to share the data that you share with Biddenly.
- You will provide accurate, complete, current, and truthful information when you add or edit facts about your property, or otherwise provide content on the Site.
- You will not publish any material that violates any laws or regulations. This includes, but is not limited to, stating discriminatory preferences in advertisements for housing in accordance with the provisions of the Fair Housing Act.
- You agree not to make any statements that are otherwise discriminatory, inflammatory, obscene, inappropriate, threatening, libelous or otherwise objectionable.
- You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload to the site.
- You will not disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.

Materials You Provide
For information or materials you provide to us or in connection with the Services, you grant to Biddenly a royalty-free, irrevocable, perpetual, worldwide license to do the following, nonexclusively: (a) to use, reproduce, distribute, display, modify and edit these materials, and also (b) to sub-license these rights to the maximum extent allowed by law.

We reserve the right in our sole discretion to edit or remove information or materials provided by you. We will not pay you or otherwise compensate you for content you provide to us. You are responsible for all actions taken or content added through your account. You will be required to confirm your email address in order to add or edit facts about your property.

Communicating With You
By listing a property on the Site, you agree that we can send you emails about your listing. Additionally, Biddenly may contact you to notify you of product updates, changes to Terms of Use or our Privacy Policy, or to provide you with promotional communications about listings on Biddenly. You can unsubscribe from emails through the instructions in any of these emails.

Your Responsibilities
If you are no longer the legal owner for a property, you agree to release your claim on the property to permit the current legal owner to subsequently claim the property. If someone has claimed your property in error or is no longer the current legal owner for the property, you agree to dispute the claim on our website. We reserve the right in our sole discretion to block or remove claims on properties made by you. You are responsible for confirming the accuracy of any details that you provide.

How We Use Information
You acknowledge that information that you provide about your property will be posted in public areas of the website and will be available to anyone who visits the site.

You acknowledge that we may display information about your property from other sources and that there may be discrepancies between the information provided by you and the information provided by these other sources; you release us from liability for any inconsistent information.

Modification of Biddenly Services
Biddenly 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. Biddenly shall not be liable to you or any third party should Biddenly 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, videos and other files, and the selection and arrangement and compilation of information ("Materials") thereof are proprietary property of Biddenly or its licensors, or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable 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:

1. remove any copyright, trademark or other proprietary notices that have been placed in the Site Content;
2. sell use of the Site or any Materials;
3. 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;
4. make derivative uses of the Site or the Materials; or
5. 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);
6. make any modifications to any Materials including listings in any way other than through tools provided by the Site.

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 Biddenly 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.

Trademarks and Service Marks
"Biddenly", “Create beautiful rental listings”, and our logos are either trademarks, service marks or registered trademarks of Biddenly 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 "Biddenly" or any other name, trademark, or product name of Biddenly without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Biddenly, 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 Biddenly's 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 Biddenly.

Links to Other Websites
The Services contain links to third-party Web sites. These third-party sites are not under the control of Biddenly. 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. Biddenly 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.

DMCA Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512)), Biddenly has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. 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 Biddenly's 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 Biddenly, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. You may contact Biddenly's Copyright Agent for notice of claims of copyright infringement at info@biddenly.com

Indemnification
BY USING THE WEBSITE OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS WHO CAUSED YOU HARM. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY POTENTIAL OR CONSUMMATED TRANSACTION), AND IN CONSIDERATION OF OUR PROVISION OF THE SERVICES, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE BIDDENLY AND EACH OF ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE OR SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE 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."

YOU AGREE TO INDEMNIFY AND HOLD BIDDENLY (AND EACH OF OUR OFFICERS, DIRECTORS, AND EMPLOYEES) HARMLESS FROM ANY THIRD-PARTY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ALLEGING FACTS OR CIRCUMSTANCES THAT, IF TRUE, COULD CONSTITUTE YOUR BREACH OF ANY OF THESE TERMS. WE WILL CONTROL ANY SUCH DEFENSE AND RELATED SETTLEMENT AND YOU AGREE TO REASONABLY ASSIST US THEREWITH AT YOUR EXPENSE.

No Warranties
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 BIDDENLY, 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.

Disclaimer of Responsibility for Third Party Content
Biddenly may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Biddenly does not monitor or have any control over any Third Party Content or third party Web sites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Biddenly. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. Biddenly does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the site by any third party. Users use such Third Party Content contained therein at their own risk.

Choice Of Law, Waiver, And Claims
These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions. Biddenly's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration
Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Biddenly or you may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, as necessary to protect the rights or property of you or Biddenly.

PRIVACY POLICY

(last updated January 10, 2013)

This policy describes the types of information Biddenly gathers from its users of the Biddenly Web site at www.Biddenly.com, m.Biddenly.com and partner sites powered by Biddenly and how that information is used. Please read this policy carefully before you provide us with any personal information. If you have questions about this policy, please email us at info@biddenly.com

Personal Information Collection and Use
When on the Biddenly Site, you have the option of creating an account or creating a listing without signing up. When you sign up or create a listing, we ask you to give us contact information (such as name and email address). We also may collect and store additional usage information such as where, what and when you are searching or the data you’re providing to us. We may use this information to contact you occasionally about the services on our site in which you have expressed interest, to notify you of any information relevant to your particular listing, or to suggest Biddenly tools and services to improve your renting process.

We use the information we collect to:
  • find the most relevant information by organizing the Web site optimally
  • find relevant residential real estate-related news and information via email (if you have registered your email address).
You can control whether you receive Biddenly emails by following the instructions at the end of each email we send.

We may also use the information you provide to allow us to contact you for administrative purposes; for example, to tell you about changes to our privacy policy. These emails generally are sent to all users in order for us to abide by notice or other requirements, or to inform you of important product or service information or changes.

Disclosure of Personal Information
Biddenly values your privacy and personal information and does not sell personal information about you to other people or companies. We reserve the right to use in any manner and also to disclose any non-personal information that we collect, including but not limited to cookie and traffic data.

We may release personal information when we believe that doing so is appropriate to comply with the law (for example, to respond to a lawful subpoena, warrant or court order); to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights or property; to protect our users from fraudulent, abusive, or unlawful use of, our site or services; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

We may use third party service providers to assist us with the administration of the site or otherwise perform services on our behalf, including payment transaction processing and sending email. Such third parties may be supplied with or have access to your personal information solely to provide services to us or on our behalf.

Information about our users and the site is a business asset of Biddenly. Consequently, information about our users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the site, our services or fulfill products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company.

Information You Share on Biddenly
We may collect personal information if you provide it for listing, or if you contact us directly. Please do not post any personal information on Biddenly or in your listings that you desire to keep private. Any information you choose to share on your listing will be publicly visible.

Cookies and Tracking
We log your IP address in order to help diagnose problems with our server, administer our Web site and track usage statistics. If you reached our site by clicking on a link or advertisement on another site, then we also log that information. This helps us maximize our Internet exposure, and it helps us understand our users' interests. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not individual reports that identify you personally.

We also place a small text file known as a "cookie" on your computer's (or mobile/tablet device’s) hard drive. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.

We may use Web beacons on our site or other sites and may permit third parties to place them on our site to monitor the effectiveness of advertising or for other legitimate purposes. A Web beacon, also known as a "Web bug," is a small, graphic image on a Web page, Web-based document or in an e-mail message that is designed to allow the site owner or a third party to monitor who is visiting a site. Web beacons are often invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or e-mail message. Web beacons are represented as HTML IMG tags in the Web page. Web beacons collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web beacon comes from and the time it was viewed. Web beacons can also be linked to personal information. For example, advertising networks use Web bugs to add information to a personal profile of what sites a person is visiting and to determine what banner ads to display based on the profile. Another use of Web bugs is to provide an independent accounting of how many people have visited a particular Web site. Web bugs are also used to gather statistics about Web browser usage at different places on the Internet.

Security
We use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. However, we cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). You should be aware that we have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.

Links to Other Sites
This Web site contains links to other sites that are not owned or controlled by Biddenly. Please be aware that we, Biddenly, are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.

Access to Personally Identifiable Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by logging into your account or by emailing our Customer Support at info@biddenly.com.

Policy Changes
We reserve the right to change this policy should we deem it advisable to do so. If we make significant changes that affect the use or disclosure of your personal information, we will make reasonable efforts to notify you of the changes such as notifying you here, by email, or by means of a notice on our homepage and will give you the opportunity to cancel your registration.

How to Contact Us
If you have any questions or suggestions regarding our privacy policy, please contact us at: info@biddenly.com