Terms of Service

Last Updated on September 16, 2008

By accessing, browsing, crawling, scraping or in any way using this website located at http://www.manhattan-buildings.com/ or (the “Site”), you agree to these Terms of Service, the privacy policy posted at http://www.manhattan-buildings.com/tos.html (the “Privacy Policy”), and any other guidelines, rules, and additional terms referenced herein (collectively the “Terms of Service”). Please read the Terms of Service carefully. Your access to or use of the Site constitutes your acceptance of the Terms of Service. If you are unwilling to be bound by the Terms of Service, do not access or use the Site.

  1. Definitions.

  2. Eligibility.

  3. Changes to the Terms of Service or the Site.

  4. User Accounts.

  5. Use of the Site.

    1. Subject to the restrictions set forth herein, MB grants you permission to access and use the Services, including but not limited to the ability to: (a) research buildings in New York County, New York; (b) write reviews about buildings in New York County New York; (c) read other user reviews of building in New York County, New York; (d) comment and discuss topics chosen by Users about buildings and service providers in New York County, New York; and (e) invite people you know to register with MB. More broadly speaking, the Site allows Users to submit, post, and transmit reviews, ratings, messages, invitations, commentary, photographs, and other types of User Content.
    2. You will be exposed to User Content and Third Party Content. You understand that User Content and Third Party Content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. MB does not endorse User Content or Third Party Content, including but not limited to the opinions, recommendations, or advice expressed therein.
  6. Restrictions on Use.

  7. Licenses.

    1. You hereby grant MB and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully sublicensable, and fully transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and otherwise exploit Your Content for any purpose, including without limitation promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or later developed (“Downstream Distributions”).
    2. You also hereby grant Users and users of any Downstream Distributions a non-exclusive license to access, use, reproduce, distribute, display, and perform Your Content for their personal, noncommercial use in connection with their use of the Site and any Downstream Distributions, as expressly permitted by the functionality of the Site and any applicable Downstream Distribution, and the Terms of Service and terms of use of any applicable Downstream Distribution. In addition, you grant MB, its affiliates, and their respective sublicensees the right to associate and display your account name with Your Content.
    3. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
  8. Responsibility for Your Content.

    1. You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize MB to use, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by MB.
    2. Because you alone are responsible for Your Content (and not MB), you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. You are responsible for any false or misleading Content you post onto MB, including, but not limited to claims for defamation, libel or slander. Use of MB is proof of your consent to defend the owners and employees of MB in any action brought against MB, its owners or employees.
  9. Use of Your Content.

    1. MB makes no representations that it will publish or otherwise use Your Content in any way. MB may or may not use Your Content in its sole discretion. You understand that MB does not guarantee any confidentiality with respect to Your Content. MB has no obligation to store or provide you with copies of Your Content.
    2. MB reserves the right (but has no obligation) to remove or suppress User Content from the Site at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression, alteration or removal of User Content that MB deems untrustworthy or in violation of the Terms of Service or guidelines for reviews, photos, or talk threads.
    3. MB and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and any Downstream Distributions. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
  10. Copyright Dispute Policy.

  11. Content Feeds.

  12. Availability of Service.

  13. Unauthorized Access.

  14. Investigations.

  15. Feedback.

    1. Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team at info@manhattan-buildings.com. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of MB in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and your account.
    2. Suggestions and Improvements. By submitting ideas, suggestions, documents and/or proposals (“Feedback”) to MB through its suggestion, feedback, forum or similar web pages, you acknowledge and agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) MB is not under any obligation of confidentiality, express or implied, with respect to the Feedback, (iii) MB, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide, (iv) MB may have something similar to the Feedback already under consideration or in development, (v) the Feedback automatically becomes MB's property without any obligation to you, and (vi) you are not entitled to any compensation or reimbursement of any kind from MB under any circumstances.
  16. Termination

    1. MB reserves the right (but is under no obligation) to terminate or suspend your account or your ability to use the Site, in whole or in part, at MB's sole discretion, for any or no reason, and without notice or liability of any kind. Termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion of your password and all related information, files and materials associated with or inside your account (or any part thereof), including Your Content; and (iii) barring of further use of the Services. You agree that MB shall not be liable to you or any third party for any termination of your account, or access to the Site, Services and Materials, including Your Content.
    2. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing MB with a notice of termination at info@manhattan-buildings.com.
    3. The Terms of Service will continue to apply until terminated by either you or MB. Sections 7, 9, 10, 14, 15, 16, 17, 18, 19, 20 and 22 shall survive any termination of this Agreement.
  17. Ownership.

  18. Disclaimers.

    1. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. MB MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. MB FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM MB OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
    2. MB SPECIFICALLY DISCLAIMS ALL LIABILITY RELATING TO YOUR USE OF THE SITE, SERVICES, AND SITE CONTENT. ACCESS TO, AND USE OF, THE SITE, SERVICES, AND SITE CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. MB ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH THE SERVICES.
    3. YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE, ARE SOLELY BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS. MB IS NOT RESPONSIBLE, AND DISCLAIMS ALL LIABILITY, FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY SUCH COMMUNICATIONS OR DEALINGS. MB RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS.
    4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
  19. Limitation on Liability.

  20. Indemnity.

  21. Third Parties.

    1. The Site Content may include links to other websites (the “Third Party Sites”). MB does not control or endorse any Third Party Site, and you agree that MB is not responsible for the availability or contents of any Third Party Site.
    2. The Site's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).
  22. Miscellaneous.

    1. If there is any dispute about or involving the Site or MB, you agree that any such dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state Courts of New York County in the City and State of New York Some jurisdictions prohibit the use of a choice of law clause that would prevent a consumer from having recourse to courts in the consumer's local jurisdiction, so this governing law clause may not apply to you.
    2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind MB in any respect whatsoever.
    3. MB may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
    4. Except as otherwise stated in Section 21 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    5. The Terms of Service contain the entire agreement between you and MB regarding the use of the Site, and supersede any prior agreement between you and MB on such subject matter.
    6. The failure of MB to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    7. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
    8. The Terms of Service are not assignable, transferable or sublicensable by you except with MB's prior written consent, but may be assigned or transferred by MB without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
    9. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
  23. Contact and Violations.