The following terms and conditions apply to everyone who uses Apartable's Services (including real estate professionals), and they govern the relationship between Apartable and our users during their use of Apartable's Services.
Apartable provides rental housing search services and other content, products, and services available on the apartable.com Site and Apartable mobile applications. The Services may sometimes be located on third-party Web sites or applications, either as links from an input-group-addon service to, or otherwise in connection with, Web sites or applications that those third parties control. Our Services also include paid products and services. By purchasing or using our paid products and services, you agree to our Subscription Terms and Conditions.
Apartable does not provide real estate brokerage services, and your use of the Services does not create an agency relationship between You and Apartable.
Nothing contained in the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.
While We work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.
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 intellectual property rights), 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, purposely false or misleading, or otherwise harmful.
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 via the Services. You also agree not to 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.
You Grant Apartable a License to Use Your Content: When you submit User Content via our Services, you grant Apartable a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content which you submit or post on or through the Services. We will not pay you or otherwise compensate you for content you provide to us.
You understand and agree that any User Content that you post or submit to Apartable may be redistributed through the Internet and other media channels, and may be viewed by the general public.
We reserve the right in our sole discretion to edit or remove information or materials provided by you.
If you are a real estate professional, you agree that you will not submit listings that do not belong to you. You agree to provide accurate, complete, current, and truthful information when you add or edit information about your listings, or otherwise provide content via the Services.
You agree that you will not use any information about Apartable users that is transferred to you during your use of Apartable's Site or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with real estate services. You further agree never to use such information for any illegal or harmful purpose.
All materials in Apartable's Site and Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively "Materials"), are proprietary property of Apartable, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing "Apartable" or any other name, trademark, or product name of Apartable without our permission.
This Intellectual Property Policy explains how Apartable addresses allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our Platform, and how Apartable Users can respond when they are affected by a notice.
As a venue for property managers, real estate agents, individual owners and tenants, Apartable takes intellectual property rights very seriously and expects users of the Apartable Platform to respect the intellectual property rights of others. Users who have uploaded content have represented and warranted that they have the rights to permit Apartable to use it on the Apartable Platform.
If you infringe copyrights or other intellectual property rights of others, your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of Users who repeatedly infringe or are charged repeatedly with infringing the copyrights or other intellectual property rights of others.
Apartable may act expeditiously to respond to a proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Apartable removes or disables access in response to a notice, Apartable will make a reasonable attempt to contact the allegedly infringing party to provide information about the notice and removal. Apartable may also provide a copy of the notice to the allegedly infringing party.
If you believe in good faith that materials hosted by Apartable infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Apartable Platform are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Apartable to locate the material on the Apartable Platform; (d) information reasonably sufficient to permit Apartable to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be advised that Apartable will not respond to complaints that do not meet these requirements. These requirements are guided by the Digital Millennium Copyright Act (the “DMCA“). If Apartable determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Apartable will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) 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; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (d) 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 United States, for any judicial district in which Apartable services may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to claims of copyright infringement on the Apartable Platform must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright and https://www.copyright.gov/legislation/dmca.pdf for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Please contact Apartable's Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices by email (preferred): [email protected], or at the following address:
Attn: Copyright Compliance Department
304 S. Jones Blvd, Suite 1871
Las Vegas, NV 89107
Phone: (415) 857-4152
The initial term of the Subscription (the "Subscription Term"), benefits, as well as the fees and charges applicable to such Subscription (the "Subscription Fees") are set forth in described in the receipt when you complete your purchase. Subscriptions will automatically renew for additional renewal periods (as detailed in your order), at Apartable's then current fees for the Services ordered unless you request cancellation at least one (1) day prior to the renewal date. You may review your Subscription information in your account’s “Payments” area. Subscription Fees and charges and other terms and conditions applicable to the Services are subject to change by Apartable at any time by posting such revisions on the Site and/or sending through email notifications to your account's email address. Such changes shall be applicable to any new Subscription Term commencing after such changes are posted on the Site. You agree to pay all Subscription Fees in full and that all Subscription Fees are non-refundable. You must provide Apartable with a valid credit card, and you authorize Apartable to automatically charge the Subscription Fees in advance or as otherwise indicated in your order for each Subscription Term to such credit card or other payment method until your Subscription is cancelled or otherwise terminated. In the event that Subscription Fees are not paid on a timely basis, including without limitation due to an invalid or expired credit card number, Apartable may, in addition to any other available remedies, suspend or terminate your Subscription, and any unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Subscription Fees are exclusive of applicable taxes. You are responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) Apartable incurs collecting unpaid amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of Apartable. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. Nothing in these Subscription Terms obligates Apartable to extend credit to any party.
By submitting information, pictures, and other content about properties that You have listed for rent or sale ("Data") to the Services, You grant Apartable a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content or Listings which you submit or post on or through the Services or any of our authorized licensees. We will not pay you or otherwise compensate you for content you provide to us. After a listing terminates, Apartable will retain the corresponding Data. Apartable may also create derivative works that do not include the Data in identifiable form, such as aggregate reports and statistics.
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF APARTABLE'S SITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, Non-Infringement, and any warranties arising out of course of dealing or usage of trade.
Apartable takes no responsibility and assumes no liability for any User Content, Listings Data or other content, including links to web pages, that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Apartable is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Site or Services.
IN NO EVENT SHALL APARTABLE, 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 OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Apartable® and the Apartable logo are a registered trademark of Apartable, Inc.
Copyright © 2012-2015 Apartable, Inc. All rights reserved.