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Terms of Use

Midsouthcondos.com Terms and Conditions

Midsouthcondos.com (the Web Site or Site) is to be used to view and research our directory of condominium properties in the Memphis and Midsouth area, view and link to our area resources and home buying and selling tools, contact our advertisers regarding condominium properties listed in our directory and subscribe to our My Midsouthcondos user profile and email newsletter. By visiting Midsouthcondos.com, you are subject to the following terms and conditions:

1) Personal use: The site must not be used for any reason other than to view or make legitimate inquiries to Developers and sales teams regarding your interest in particular condominium and town home properties.

2) Downloading and reproduction of information from the Web site: As a part of the property inquiry process, for your own purposes and not for further distribution, you may download, display, or print any portion of Midsouthcondos.com content. You may not modify, scrape, distribute in aggregate or sell the Content of Midsouthcondos.com in any way, and you must reproduce the Midsouthcondos.com copyright notice in the form “ © 2006 Midsouthcondos.com - All Rights reserved “ as displayed on the relevant page(s) that you might download or wish to copy.

3) Unauthorized use: Unless otherwise provided within these Terms, or unless specific applicable law requires Midsouthcondos.com to allow you to do so, you may not do any of the following without the prior written consent of Midsouthcondos.com:

  • Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
  • Reproduce our content on your Web site using any device including, but not limited to, use of a frame or border environment around the Web Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
  • Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
  • Reverse engineer any part of this Web site;
  • Sell, offer for sale, transfer, or license any portion of the Web site in any form to any third parties;
  • Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content;
  • Upload or transmit to the Web site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Web site, or appropriate the Web site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
  • Use the Web site other than to make legitimate inquiries to Midsouthcondos.com advertisers;
  • Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
  • Use or access the Web site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by
  • Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
  • Disguise the origin of the information transmitted through the Web site or infringes on our copyright or the copyright of our advertisers.

                       

4) LIMITATION OF LIABILITY. IN NO EVENT WILL MIDSOUTHCONDOS.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF MIDSOUTHCONDOS.COM HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST LMB WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

5) RELEASE. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE MIDSOUTHCONDOS.COM AND ITS DEVELOPERS, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.


6) INQUIRIES. WHEN YOU USE MIDSOUTHCONDOS TO SEND AN INQUIRY TO AN ADVERTISER, YOU AGREE TO ALLOW MIDSOUTHCONDOS OR ITS AFFILIATED WEBSITES TO ADD YOUR EMAIL ADDRESS TO OUR DATABASE OF CUSTOMERS. YOU WILL RECEIVE AT LEAST ONE PROMOTIONAL EMAIL FROM EITHER MIDSOUTHCONDOS OR ITS AFFILIATED WEBSITES. YOU ARE WELCOME TO OPT NOT TO RECEIVE EMAILS FROM MIDSOUTHCONDOS OR ITS AFFILIATED WEBSITES AT ANY TIME.



Terms and conditions of advertising on Midsouthcondos.com


Layout and copy:

Midsouthcondos.com reserves the right to determine the final design, layout and functionality of our website which is subject to change from time to time without notice.  Midsouthcondos.com reserves the right to edit copy or amend the layouts or photographs supplied, in order to create a more uniform and pleasant advertising environment for our visitors.  Midsouthcondos.com reserves the right, at its discretion, to amend and edit copy entered into the Midsouthcondos.com online database by Developers and sales teams/listers. All copy edits submitted by Developers and sales teams/listers are subject to review and approval of Midsouthcondos.com in its sole opinion.  Notwithstanding its right to edit and amend copy and photographs, Midsouthcondos.com accepts and holds no liability for any loss or damage resulting from the design or positioning of the properties or changes made to the photographs and copy submitted by the Developer/lister or edited by Midsouthcondos.com staff.

Accuracy of InformationAll listings on Midsouthcondos.com, as submitted by the Developer/lister and amended from time to time by Midsouthcondos.com staff, are the responsibility of the Developer/lister, and Midsouthcondos.com specifically disclaims any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on an advertiser's part. By accepting these Terms and Conditions and paying to list on Midsouthcondos.com, you agree to indemnify and hold Midsouthcondos.com and its Developers, affiliates harmless against all costs, expenses and losses arising out of a claim relating to the content of an advertisement.  Midsouthcondos.com and its Developers will make a best effort to ensure property information on the Site is up-to-date and reliable. However, Developers and sales teams/listers are solely responsible for keeping their information up to date on Midsouthcondos.com, including, but not limited to any and all representations about the property, its amenities, location, and its availability for a specific date or range of dates.  Midsouthcondos.com makes no representation or warranties that any of the copy or availability information published on Midsouthcondos.com is accurate or up-to-date.

PhotographsAll printed (paper based) photographs submitted to Midsouthcondos.com by Developers and their sales teams will be discarded after we have scanned them into our electronic database. (Sorry, but we can neither return them nor keep copies of paper photographs on file.)  Every effort will be made to reproduce faithfully all photographs submitted, but Midsouthcondos.com cannot be held responsible for any loss or damage or otherwise resulting from errors or omission.  By submitting a photograph either electronically through our website or by mailing a paper based photograph to our offices, the Developer/lister is representing and warranting that (a) he holds all intellectual property rights with respect to each submitted photograph, or (b) he has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, and (c) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, and (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph and (d) that he will indemnify and hold harmless Midsouthcondos.com and its affiliates from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.

LiabilityMidsouthcondos.com does not warrant that the operation of the Midsouthcondos.com site will be uninterrupted or error-free.  In no event shall Midsouthcondos.com be liable to the advertiser for any special, consequential, incidental or indirect damages, including lost profits.

CopyrightBy accepting these Terms and Conditions and by paying and posting a listing on Midsouthcondos.com, the Developer/lister grants to Midsouthcondos.com and its owners a fully paid up license to use the copy, the photographs, the likenesses (if any) on the Midsouthcondos.com Web site and grants Midsouthcondos.com and its owners the ability to copyright and protect the images, copy, and information available via the Developer/lister’s listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. Midsouthcondos.com is not responsible for any infringement of copyright laws resulting from material supplied by the Developer/lister and the Developer/lister indemnifies Midsouthcondos.com against any action brought for breach of copyright or other rights from the use of such material supplied by the advertiser. Midsouthcondos.com shall be entitled to reproduce part or whole of any photographic material supplied by the advertiser in the promotion of either the Developer/lister’s property or the promotion of Midsouthcondos.com. Midsouthcondos.com claims copyright to the electronic images of the photographic material supplied by advertisers, and the Developer/lister will assist Midsouthcondos.com to protect its copyrighted material from unauthorized redistribution. It is the Developer/lister’s responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The advertiser warrants that he/she is the unconditional owner of the copyright in such material or is authorized by the owner of the copyright in such material thereof to grant to Midsouthcondos.com the rights therein contained.

Hypertext linksMidsouthcondos.com reserves the right to refuse hypertext links to, or addresses of, other web sites from advertisers' pages, and to remove links or web addresses without notice at our sole discretion. Midsouthcondos.com reserves the right to charge for hypertext links at any time.

Substitution of propertiesAn advertisement relates to a specific property. The property in an advertisement may not be substituted by another property. If an Developer/lister submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then Midsouthcondos.com will have the right to terminate the listing and may choose, in its sole discretion, to retain any unearned fees associated with the term of the previously existing listing as compensation for violating this condition.

Advertising more than one property on one advertisement Each advertisement on the Midsouthcondos.com site displays an individual and uniquely identified condominium and town home property. Individual units do not constitute properties. Midsouthcondos.com reserves the right to amend the copy or remove the advertisement, when more than one property is described in the advertisement, and may choose, in its sole discretion to retain any unearned fees associated with the initial term of such non-conforming listing as compensation for violating this condition.

Termination of advertising All listings are sold to run the full period that is chosen by the Developer/lister. Listings removed at your request prior to the completion of their full run area not subject to a refund. Midsouthcondos.com reserves the right to refuse any listing submitted to Midsouthcondos.com either through its online submission process or sent to our email address for us to load onto the website. We can refuse to publish the ad for no reason, and you specifically agree to hold us harmless for any loss or liability that may arise from such a decision. No refunds will be paid.

PaymentPayment for listings must be made in U.S. Dollars paid either by major credit and debit cards, or a check drawn on a U.S. bank.

Legal jurisdictionAny and all Midsouthcondos.com services and products are performable and/or sold in the State of Tennessee, United States of America, and you irrevocably agree to that any cause of action you may submit will be filed in Shelby County, Tennessee which will be the venue of any legal dispute. You also agree that any dispute will be governed by the laws of the State of Tennessee.

Effective May 1, 2006
 
 
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