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TERMS OF USE

CASAFARI Terms of Use

CASAFARI (collectively, “CASAFARI”, “We”, “Us” or “Our”) is a real estate metasearch powered by Artificial Intelligence that provides property market competitive intelligence through a Software as a Service (SaaS). The CASAFARI company group is comprised by CASAFARI LLC, CASAFARI EUROPE LTD and its affiliates in Portugal and Hungary.

Casafari.com is licensed and operated by CASAFARI. We provide Services to you through the Website (also referred as “Site”). The specific CASAFARI entity procuring payment processing services will depend on your location. If you are located in the in US, the CASAFARI US LLC will procure payment processing services; if you are located anywhere else in the world, CASAFARI EUROPE LTD UK or one of its affiliates (Casa Safari Lda. or CASAFARI CEE Ktf) will procure the payment for processing services.

These Terms of Use set out the legal framework that apply to your use of Our Website http://www.CASAFARI.com, any of its sub-domains and/or any other Websites operated by us or on Our behalf. These terms are not related and shall be additional to the Terms and Conditions for subscription of Services, to be found on CASAFARI’s subscription page.

Please read these Terms of Use carefully and make sure that you understand them before using the Services and Our Website. If you do not accept these Terms of Use, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or Our Services, We will take this as your acceptance of these Terms and Conditions.

In order to use the Services and Website you must be over 18 years of age.


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. 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. 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 will We store and display full-size images or individual description texts of the postings, that might violate copyrights in any given jurisdiction. 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 open to 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.
      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.

 

II. Content on the Services and Website

    1. General Terms Related to Content
      1. 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.

    2. Our Website 
      1. We reserve the right to withdraw amend the Website without notice and, from time to time, We may restrict access to all parts of the Website. We will not be liable to you if, for any other reason, the Website is unavailable at any time or for any period.
      2. When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that We send to you electronically satisfy any legal requirement that same communications be in writing.
      3. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
      4. You must not use the Website in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; to send, use or reuse any material that is (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass malinger any “spam”. You must not use the Website to cause harm, annoyance, inconvenience or needless anxiety to any person.
      5. Your use of Third-Party Websites and Services may be subject to additional terms and conditions which We recommend you review before first using such Third-Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third-Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third-Party Website and Services’ terms and conditions. Use of Third-Party Products and Services is entirely at your own risk.
      6. 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.
      7. 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 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, 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, or the Services, or accessing the materials available on the Site.

 

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 Website, 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 practice 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

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.

VII. Returns and Refunds Policy

CASAFARI digital goods premium paid services are only distributed to business 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. 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. 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 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. 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, including reproduction on any computer network or broadcast or publications media;
      2. The market, sell, or make commercial use of the Site or Site 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 or Site Content
      5. Use, frame, or utilize framing techniques to enclose any portion of the Site or Site Content.
    3. 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 Services 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.
    4. 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.
    5. You agree to use the Website and Services only for purposes that are permitted by (a) its applicable Terms and Policies and (b) any applicable laws, regulations, and generally accepted practices and guidelines in the country in which you are resident or from which you access the Services.
    6. 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.
    7. 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).
    8. 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 Website or 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.

IX. 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 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.
    2. We are the owner or the licensor of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“Content”). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors’ rights and database right laws. All such rights are reserved.
    3. You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re- utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. Our prices and product listings) without Our prior written consent.
    4. Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third-party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

X. Exclusion of Warranties; Limitation of Liability

    1. Your access to and use of the Website and Services is at your own risk. You understand and agree that the Services are 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, Website 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 and Website 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 Website and/or 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.

XI. General Legal Terms

    1. You may use the Services only in compliance with these Terms.
    2. 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.
    3. 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 remaining 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.
    4. 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 law 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.