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TERMS OF USE

Welcome to Casafari!

We know from personal experience just how painful it can be to purchase real estate abroad, and we think it should be faster, easier, and more transparent. So we created Casafari, a real estate search engine for prime properties abroad. We help buyers to find the homes they want and help property owners and real estate agents to find interested buyers.

Casafari Terms of Use

Casafari.com is licensed and operated by Casafari, LLC. (”We”, “Us” or “Casafari”).

By accessing or using Casafari, you agree to be bound by these Terms of Service (“Terms”), which govern your access to and use of both the services provided by Casafari (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing within the Services (collectively referred to as “Content”). Your access to and use of the Services and Content is conditioned on your acceptance of and compliance with these Terms.

In reading this contract, it is important to understand what Casafari is, which we explain in the first section below. Part of our purpose here is to establish a network among stakeholders, of which Casafari is but one part. Our stakeholders include individuals or corporations who use the Casafari platform, such as by posting, searching, or effecting exchanges with those who do, as well as individuals and companies whose services are referenced by postings identified by Casafari information retrieval tools but who do not directly use the Casafari platform. Hence, we welcome your questions and comments: info@casafari.com


I. Casafari.

    1. General Description.
      1. Casafari is a platform that offers a variety of tools to facilitate the exchange of goods, services, ideas, and information.
      2. Casafari’s search feature is a general-purpose search engine for real estate postings – transaction-specific information about properties offered for exchange, such as a house for sale or an apartment to rent.
      3. Within Casafari’s search engine, we follow strictly principles established by general search engines: in our aggregated search results the source of the posting is visible, so end users will visit the source for deeper/ further information about the posting (increase of traffic); we only display public available content and follow strictly robot.txt search engine restrictions; we store only factual technical data and images up to the established image search “thumbnail size” of displayed postings. At no time we will store and display full-size images or individual description texts of the postings, that might violate copyrights in any given jurisdiction.
      4. At Casafari, we believe that access to exchange-related data should be as open as possible. We believe that open access to exchange-related data creates enormous possibilities in the exchange space by lowering costs, increasing efficiencies and democratizing opportunities.
    2. Casafari Manifesto.
      1. Casafari is an open exchange. Because we believe that access to exchange-related data should be as open as possible and that users of our data should be free to use it without being limited by the claims of others, we are only interested publicly available facts about the supply, demand, and prices for goods and services and other information that is not subject to copyright or other property claims. For guidance, please review the section of these Terms entitled “Content on the Services.” If you believe your posting comprises some valuable intellectual property, this is not the place for you. However, if you can post a factual description that links to your prized possession in some other forum, we have no objection.
      2. Casafari is an open community. Casafari seeks to support the widest community possible and takes that community’s views into account in the way we manage the Services. We do place limits on use of our Service, but largely just to ensure that our performance or stability is not degraded.
      3. Casafari relies on its community of users. We rely on the views of the community to identify abuse and other inappropriate conduct. In the event of abuse or other activity inconsistent with these Terms of Service, we do maintain the right to cease offering the Service or terminate your access to the Service.
      4. Casafari is agnostic about sources of data. We believe that facts are public property and that open access to facts requires that everyone have equal access to facts. We recognize, of course, that others may disagree. Hence, if you feel that some posting or group of postings infringes your copyright, we will remove it from our site consistent with the Digital Millennium Copyright Act. Please be aware that a removal of your postings will cause a loss in traffic and visibility for you. Also please recognize that, in keeping with our principle of being an open community, we may publish your takedown request. Further, we have established a moderation flagging system to enable Casafari’s stakeholders to flag material that they deem inappropriate or offensive.
    3. Casafari Principles.
      Reflecting the points outlined above, we have constructed these Terms of Service to reflect the following guiding principles:

      1. Public facts are public property. People have the ability to discover publicly available facts about items offered for exchange. These facts are public property, and are made discoverable without a need to ask permission.
      2. Open access requires equal access. Factual data is accessible to all on an equal basis, meaning that people have access to the same body of data at the same time.
      3. Exchanges are for both verified and anonymous persons. Depending on the preferences of the seekers and providers to an exchange, identity information may be fully revealed, partially revealed, or fully anonymous.
      4. Metadata is portable and stays with exchange postings. Information such as usage, commentary, payment, feedback, etc. about an exchange constitutes metadata for which there are private and public rights and responsibilities that are persistently affixed to the posting in question.
      5. Controversies are flagged, not censored. Exchange postings flagged by the community are immediately denoted as such and are omitted from “safe search” results. All persons retain the right and ability to override and view content that other members of the community have flagged – except for content that i) may violate legitimate claims of privacy or confidentiality; ii) are subject to a claim of copyright infringement; or iii) that violate any of the provisions regarding abuse denoted.

 

II. Content on the Services.

    1. General Terms Related to Content.
      1. All Content that you submit, post or display on or through the Services must be in the public domain. Any posting on Casafari should be limited to factual descriptions of what you are seeking, offering or commenting upon, in a way that can be shared without restriction with everyone else in the Casafari community and the world at large. To the extent that you (or someone deriving rights from you) may later decide to assert copyright as to any posted material, you hereby grant Casafari and its affiliates a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such posted material in any and all media and by any and all distribution methods (whether now known or later developed), and to grant and authorize sublicenses and assignments (through multiple tiers) of the foregoing.
      2. All Content is the sole responsibility of the person who originated such Content. Under no circumstances will Casafari be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or transmitted elsewhere. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is done at your own risk.
      3. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or that has been mislabeled or is otherwise deceptive. Casafari reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services. Casafari also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Casafari, its users and the public. To the full extent possible, Casafari will do so in compliance with its Privacy Policy.
    2. Content Boundaries and Abuse.
      1. You agree not to post, submit, email, or otherwise make available Content:
        1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
        2. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
        3. that violates the Fair Housing Act or any similar act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
        4. that impersonates any person or entity, including, but not limited to, a Casafari employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
        5. that includes personal or identifying information about another person without that person’s explicit consent;
        6. that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
        7. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
        8. that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
        9. that constitutes or contains any form of advertising or solicitation if: posted in areas of the Casafari sites which are not designated for such purposes; or emailed to Casafari users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
        10. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
        11. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
        12. that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
        13. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service; or
        14. that would fail to pass an M (mature audiences) rating standard regarding sex, violence, substance abuse, profanity, impudence or other types of mature content.
      2. You agree to treat other users of Casafari in a respectful manner. Specifically, you agree not to:
        1. contact anyone who has asked not to be contacted;
        2. “stalk” or otherwise harass anyone;
        3. collect private data about other users for unlawful purposes; or
        4. use any form of automated device or computer program (“flagging tool”) that enables the use of Casafari “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
      3. You agree to refrain from taking actions or employing tools that are likely to have a material impact on performance or stability of Casafari system, as determined by Casafari in its sole discretion. Such actions might include the use of any form of automated device or computer program that fails to comply with Casafari API specifications for the format and throughput limits for such automated submissions.
      4. Please report postings that violate these Terms by notifying us at reportabuse@casafari.com. You should understand that if we do not take action regarding a particular violation of these Terms, we are not waiving our rights to do so with respect to subsequent or similar violations in the future.

III. Real Estate Licenses and Real Estate Services

  1. Casafari does not broker real estate transactions. Casafari does not act as a real estate agent for you or any other user. For specific advice on real estate matters, you should always seek the advice of a licensed real estate agent or buyer’s agent. While Casafari may become licensed as a real estate broker from time to time where it believes it may be necessary or advisable, Casafari does not perform any such services for its users, including but not limited to real estate brokerage, valuation, legal, financial, or accounting services.
  2. Casafari does not assume any liability or responsibility for the services of third parties or any of their agents. Because the information available to you is provided by third parties, Casafari cannot assume any responsibility or liability for the timeliness, completeness, or accuracy of any of the real estate content provided to you through the Site, Casafari App, or the Services. Furthermore, you understand and agree that Casafari has not entered into any form of fiduciary or brokerage relationship with you solely by your use of the Site, Casafari App, or the Services, or accessing the materials available on the Site or Casafari App.

IV. Search results, robots.txt and removal (exclusion) of postings.

  1. If you are reading this section, there is a good chance you publish quality content to your web site, which you would like to get indexed by Casafari.   Usually, things go smoothly: the Casafari crawler visits your web site and indexes your postings, which then appear in our search results and generate traffic to your site. You are happy, Casafari is happy and the property searcher is happy. In most cases, you want to tell all search engines the URL paths where you want them to crawl, and the URL paths you want them to not crawl. Also, maintaining only one default set of directives for all search engines is less error-prone and is our recommendation.
  2. While we collect publicly available Internet documents, sometimes authors and publishers express a desire for their documents and postings not to be included in  search results (by tagging a file for ”robot exclusion”).  If the author or publisher does not want his or her work in our search results, then we may remove that portion of the search results without notice. Casafari is not interested in offering access to web sites or other Internet documents whose authors do not want their materials listed in our search results. To remove your site from Casafari, place a robots.txt file at the top level of your site (e.g. www.yourdomain.com/robots.txt). The robots.txt file will do two things:
    It will remove postings from your domain from the Casafari search results.
    It will tell us not to crawl your site in the future.
    Robots.txt can be used to block access to the whole domain, or any file or directory within. There are a large number of resources for webmasters and site owners describing this method and how to use it, including http://www.robotstxt.org.

V. Copyright Policy.

    1. It is Casafari’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
    2. In general and at a first measure you have to pay attention and act accordingly to above section IV, “Search results, robots.txt and removal (exclusion) of postings” as it is common practise with any other search engine.
    3. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with a notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to contact you, such as your address, telephone number, and an email address at which you may be contacted; (v) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that allegedly is infringed.
    4. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Casafari will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
      Casafari LLC
      Attn.: Designated Agent
      3422 Old Capitol Trail, #911
      Wilmington, DE 19808
      Email: copyright@casafari.com
    5. Please note that a copy of each legal notice we receive may be forwarded to Lumen Database (https://www.lumendatabase.org) for publication. We may also choose to publish such notices on Casafari’s own website and in other public forums.

VI. Privacy and Your Personal Information.

    1. Our services are designed to be open and easily accessible by anyone in the world. If you post in or through Casafari, you should expect that your posting will be broadly and instantly disseminated to the public.
    2. For information about Casafari’s data protection practices, please read Casafari’s privacy policy at http://www.casafari.com/privacy. This policy explains how Casafari treats your personal information, and protects your privacy when you use the Services. You agree to the use of your Content in accordance with Casafari’s privacy policies.
    3. In addition to seeking to maintain the privacy of information that you submit to Casafari, we are concerned to ensure that Casafari is not used to disseminate information that you have a legitimate interest in keeping private or confidential. We may, in our discretion, conduct a good faith investigation and make a determination of whether to reinstate the posting or not and will provide you with notification if we do so. Please understand, however, that third parties can submit postings for inclusion in Casafari without any prior review or control by Casafari, and that once published material that was previously confidential may no longer be considered confidential.

VII. Returns and Refunds Policy

Casafari digital goods premium paid services are only distributed to professional customers. We do not issue refunds for digital products once the order is confirmed and the access to the technology and data is granted. We recommend contacting us for assistance if you experience any issues receiving access or using our products. If you have any questions about our Returns and Refunds Policy, please contact us by email support@casafari.com or directly from the feedback form in your Casafari account.

VIII. Basic Terms Regarding the Services and grant of Limited License.

  1. You understand that all postings, messages, text, files, images, photos, video, audio or other Content posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated.
  2. Services that Casafari provides are always evolving and the form and nature of the Services that Casafari provides may change from time to time.
  3. Your access to the Service is licensed and not sold. Subject to your compliance with these Terms of Use, Casafari agrees to provide you with a personal, revocable, non-transferable and non-exclusive license to access and use the Service. All Site Content and App Content that is made available to view and/or download in connection with the Service is owned by and is the copyrighted work of Casafari and/or its suppliers and is licensed, not sold. Your use of the Services, including the Casafari App, if applicable, is governed by these Terms of Use. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Service, and to block or prevent future access to and use of the Service. The foregoing license grant does NOT include the right for you to:
    1. publish, publicly perform or display, or distribute to any third party any Site Content or App Content, including reproduction on any computer network or broadcast or publications media;
    2. The market, sell, or make commercial use of the Site, Site Content, Casafari App, or App Content;
    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 works based upon the Site, Site Content, Casafari App, or App Content;
    5. or use, frame, or utilize framing techniques to enclose any portion of the Site, Site Content, Casafari App, or App Content.
  4. Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Casafari or any third party. Any unauthorized use of the Site or Casafari App will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. Casafari does not grant any rights to the underlying images or descriptions of real estate postings that may be contained in our search results. Casafari uses these images and descriptions as necessary to generate search results as a navigational tool to connect you to the postings contact person via phone calls or messages sent through the Site, or to direct you to the originating website. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. Casafari reserves all right to the search results and associated compilations.
  5. You understand that all postings, messages, text, files, images, photos, video, audio or other Content posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated.
  6. The Services may include advertisements. These advertisements may be targeted to the Content, to queries made through the Services, or other aspects of our Services. The nature and extent of such advertising are subject to change. In consideration for Casafari granting you access to and use of the Services, you agree that Casafari and its third party providers and partners may place such advertising in connection with the display of Content submitted by you.
  7. The Casafari site and the other Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content that is completely independent of Casafari, such as web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, e-mail, text messages, and the Internet as a whole. These third-party sites are not under the control of Casafari. 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 third-party website or any information contained therein. Casafari is not responsible or liable for the contents of any linked site. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. When leaving the Site or the Casafari App, 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.
  8. It is not necessary to register an account with Casafari in order to use the Services. For those users who do wish to register, your identity is demarcated as your Facebook or Twitter identity with 3rd party sign-in. Benefits to being a registered user include the ability to:
    1. save searches and favorites between sessions;
    2. create search alerts and notifications;
    3. access additional information and Services;
    4. look at all of your posts in one place, without having to keep track of the individual posting key IDs; and
    5. communicate with other Casafari members and users as a known and trusted entity rather than as an anonymous counterparty.
  9. If you choose to register and sign-in at Casafari with Twitter (www.twitter.com) or Facebook (www.facebook.com), your Casafari account will become inactive if your related account in either service is terminated for any reason. For example, if you used your Facebook account to sign up for Casafari and your Facebook account is terminated, you will also lose access to your Casafari account.
  10. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be viewable by other users of the Services and through third party services and websites. You should only post Content on Casafari that you are comfortable sharing with others under these Terms.
  11. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable laws, regulations, and generally accepted practices and guidelines in the United States and, if you are not a resident of the United States, the country in which you are resident or from which you access the Services.
  12. You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Casafari for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Casafari immediately at: admin@casafari.com.
  13. In order to access certain of the Services, you may be required to provide information about yourself (such as your Twitter or Facebook account details) as part of the registration process for the Service, or as a condition of your continued use of the Services. You agree that any registration information you provide Casafari will always be accurate, correct and up to date.
  14. You agree that you are solely responsible for (and that Casafari has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for any consequences arising therefrom (including any loss or damage which Casafari may suffer).
  15. You agree that Casafari shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings you may have with other users of the Services or with third parties accessed through the Services. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Casafari is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Casafari, its officers, directors, employees, agents and successors and assigns from any and all claims, demands and damages (actual and consequential) of every kind or nature, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service.
  16. You agree to indemnify and hold Casafari, its officers, directors, employees, agents, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, and suppliers, harmless from any and all claims and demands, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of these Terms, your breach of any of the representations and warranties herein, or your violation of any rights of any person or entity.
  17. Casafari may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. Further, Casafari may at any time, in its sole discretion, disable access to your account. If so, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. Please note, however, that while we may disable access to an account, you will still have access as an anonymous user unless access to the entire site has been taken down for any and all.
  18. You acknowledge that Casafari may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Casafari has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.
  19. You agree that Casafari, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Casafari believes that you have acted inconsistently with the letter or spirit of the terms of usage. Further, you agree that Casafari shall not be liable to you or any third-party for any termination of your access to the Service.

IX. Additional Services

Casafari may provide tools that allow you to contact third parties, and may allow third parties to contact you, regarding postings available through the Site and the Casafari App. By using the Services, you consent and give permission to have your phone number, email address, voice, identity, metadata, call content, and other information recorded, monitored, stored, and divulged to third parties.

X. Restrictions and Additional Terms

You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:

  1. Unacceptable Use. You agree not to (a) use the Services in any way that is unlawful, or harms Casafari, its service providers, suppliers, clients or any other user, (b) access, tamper with, or use nonpublic areas of the Site or Casafari App, Casafari’s computer systems, or the technical delivery systems of Casafari’s providers, (c) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures, (d) attempt to access or search the Site or the Casafari App for purposes other than those permitted by these Terms of Use, with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Casafari or other generally available third party web browsers, including any attempt to bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Site or the Casafari App, (e) send unsolicited email, junk mail, spam or chain letters, or promotions or advertisements for products or services, (f) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or the Casafari App to send altered, deceptive or false source-identifying information, (g) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site or the Casafari App, (h) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or the Casafari App, or (i) impersonate or misrepresent your affiliation with any person or entity.
  2. Personal Use. You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf.
  3. Calls. The Services may provide phone numbers that can connect you with third parties, such as landlords, property management companies, real estate agents, mortgage brokers, and other service providers.
  4. If you use the Casafari App, you agree that it may automatically download and install updates from time to time from Casafari. These updates are designed to improve, enhance, and further develop the Casafari App and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Casafari to deliver these to you) as part of your use of the Casafari App.

XI. Casafari’s Intellectual Property Rights.

  1. The Service is proprietary to Casafari and is protected by intellectual property laws and international intellectual property treaties. “Casafari” and our logos are either trademarks, service marks, or registered trademarks of Casafari LLC. or its affiliates, suppliers or 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 “Casafari”, “Casafari.com” or any other name, trademark, or product name of Casafari without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Casafari, 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 Casafari’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 us. The entire contents of the Site (the “Site Content”) and the entire contents of the Casafari App (the “App Content”), including the materials that you download in connection with the use of the Site or the Casafari App, along with any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany those materials, are copyrighted as collective works under the laws of United States and other copyright laws.
  2. Casafari holds the copyrights in the collective works. The collective works may include works that are the property of other third parties which are also protected by copyright and other intellectual property laws. You may display and, subject to any written or technical restrictions or limitations, download portions of the Site Content or App Content solely for your own noncommercial use unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Site Content or App Content. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any Site Content or App Content. Except as expressly permitted in these Terms of Use, you may not copy or modify the HTML or other code used to generate web pages or other content on the Site. You may not display or reproduce any Casafari logo or any other graphic or trademark owned by Casafari without Casafari’s express written permission, and you may not remove or otherwise modify any trademark notices from any of the Site Content or App Content. As between you and Casafari, title, ownership rights, and intellectual property rights in and to the Site and the Casafari App, Site Content and App Content, and any copies or portions thereof, shall remain in Casafari and/or its content providers.

XII. Exclusion of Warranties; Limitation of Liability

  1. Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “as is” and “as available” basis. Without limiting the foregoing, Casafari and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. Casafari will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Casafari has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Casafari or through the Services, will create any warranty not expressly made herein.
  2. To the maximum extent permitted by applicable law, Casafari and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or Content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Casafari has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

XIII. General Legal Terms.

  1. You may use the Services only if you can form a binding contract with Casafari and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms.
  2. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such modifications shall become effective immediately upon the posting thereof.
  3. The Terms constitute the whole legal agreement between you and Casafari and govern your use of the Services (but excluding any services which Casafari may provide to you under a separate written agreement), and completely replace any prior agreements between you and Casafari in relation to the Services.
  4. You agree that Casafari may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
  5. You agree that if Casafari does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Casafari has the benefit of under any applicable law), this will not be taken to be a formal waiver of Casafari’s rights and that those rights or remedies will still be available to Casafari.
  6. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.You acknowledge and agree that each member of the group of companies of which Casafari is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
  7. The Terms and your relationship with Casafari under the Terms shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The parties will submit all disputes arising out of or relating to this Agreement, or the subject matter hereof, to final and binding arbitration in Wilmington, Delaware, in accordance with the then-existing rules (the “Rules”) of the American Arbitration Association (“AAA”) and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In any such arbitration, the award or decision shall be rendered by a majority of the members of a Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each party and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two party-appointed arbitrators. In the event of failure of said two arbitrators to agree within sixty (60) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either party shall fail to appoint an arbitrator within thirty (30) days after the commencement of the arbitration proceeding, such arbitrator, and the third arbitrator shall be appointed by the AAA in accordance with the Rules. The parties understand that in agreeing to arbitration they are waiving any rights they might otherwise have to a jury trial. Notwithstanding this, you agree that Casafari shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

Wilmington, Monday, August 17, 2015.