GENERAL TERMS OF USE
These terms govern your use of our Klapper Real Estate Inc (“Website”) or related services (collectively, “Services”) and any software that we include as part of the Services, including any Website, Content Files (defined below), scripts, instruction sets, and any related documentation (collectively “Software”). By using the Services or Software, you agree to these terms of use. If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement controls where it conflicts with these terms. As discussed more in Section 3 below, you retain all rights and ownership you have in your information that you provide and make available through the Services.
1. How this Agreement Works.
1.1 Choice of Law. Your relationship is with Klapper Real Estate Inc, a California limited liability company (“Klapper Real Estate Inc”, “Us” or “We”), and the Services and Software are governed by the laws of California, US. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited by law.
1.2 Eligibility. You may only use the Services if you are (a) over 18 years old and (b) have the capacity to and are allowed by law to enter into a binding contract.
1.3 Privacy. The Privacy Policy at Klapper Real Estate Inc governs any non-public information that you provide to us. By using the Services or Software you agree to the terms of the Privacy Policy.
1.4 Klapper Real Estate Inc Website Usage Data. You have the option to share information with Klapper Real Estate Inc about how you use our Website and Services. This option is turned on by default. This shared information is associated with your Klapper Real Estate Inc account and allows us to provide you with a more personalized experience and helps us improve quality and features. You can change your preference any time on your Klapper Real Estate Inc Account Management page. To learn more about Klapper Real Estate Inc website usage data, please review the informative information on our Website.
1.5 Availability.
Pages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country, or that user-generated information available via the Services is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages and countries.
1.6 Additional Terms.
Some Services, Website, and Software are also subject to the additional terms below (the “Additional Terms”). Any content that we provide to you (such as Software, samples, combinations of our content and your information, etc.) are licensed to you for the limited purpose of use in connection with our Services, Website, and Software, and are not sold to you, and are subject to the Additional Terms. New Additional Terms may be added from time to time with or without express notice to you.
1.7 Order of Precedence.
If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Application, Service, and Software.
1.8 Modification.
We may modify, update, or discontinue the Website, Services, and Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download and retain your information. If we discontinue a Service or Software in its entirety, then we will provide you with a pro rata refund for any unused license fees that you may have prepaid.
2. Use of Service
2.1 License.
Subject to your compliance with these terms and the law, you may access and use the Website, Services and Software. The License granted is a limited non-exclusive, non-transferrable, revocable license to use the Website, Services and Software for non-commercial purposes.
2.2 Intellectual Property.
We remain the sole owner of all right, title, and interest in and to the Website, Services and Software. We reserve all rights not expressly granted herein.
2.3 Storage.
When the Website, Services and Software provide storage, we recommend that you back up your information regularly. We may create reasonable technical limits on your information, such as limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Website, Services, and Software with and without notice until you are within the storage space limit associated with your account.
2.4 User-Generated Information and Content.
We may host user-generated information and content from our users. If you access our Website, Services and Software, you may come across information and content that you find offensive and upsetting. Your sole remedy is to simply stop viewing the content. If available, you may also click on the “Report” button to report the content to us, and we may or may not review the content and may or may not take action.
2.5 Content Files.
“Content Files” means Klapper Real Estate Inc-provided sample files such as stock images or sounds. Unless the documentation or a specific license associated with the Content Files state otherwise, you may use, display, modify, reproduce, and distribute any of the Content Files only for use with our Website, Services, and Software. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you must not claim any copyright, trademark, trade dress, and trade secret rights in the Content Files or derivative works of the Content Files.
2.6 Other License Types.
(a) Trial Version.
We may designate the content and Website, Services, and Software as “trial” or “evaluation”, or other similar designation (“Trial Version”). You may install and use the Trial Version only during the period and only for the purposes that we have stated when we provide the Trial Version. You must not use any materials you produce with the Trial Version for anything other than non-commercial purposes.
(b) Pre-release Version.
We may designate the Website, Services and Software as a pre-release or beta version (“Pre-release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version, and we may unilaterally prevent your use and may destroy all copies with or without notice. Any separate agreement we enter into with you governing the Pre-release Version will supersede the provisions on Pre-Release Version set out in this section.
3. Your Information and Content
3.1 Ownership.
You retain all rights and ownership of your information and content. We do not claim any ownership rights to your information and content.
3.2 Licenses to Your Information and Content in Order to Operate the Website, Services and Software.
We require certain licenses from you to your content to operate and enable the Website, Services and Software. When you upload your information and content to the Website, Service, and Software, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify, publicly perform, create derivative works, and translate the content as needed in response to user driven actions. This license is only for the purpose of operating or improving the Website, Services and Software.
3.3 Our Access.
We will only access, view, or listen to your information and content in limited ways to perform the Services, respond to support requests, detect fraud, enforce terms, and improve our systems.
3.4 Sharing Your Information and Content.
You are responsible for determining the limitations placed on your content and choosing appropriate access levels.
3.5 Termination of License.
You may revoke this license at any time by removing your content, subject to routine backup retention.
3.6 Feedback.
If you submit Feedback, you grant us a worldwide, royalty-free license to use it.
3.7 Selling Your Content.
We may allow you to license your content to other users through our Website, Services and Software.
4. Account Information
You are responsible for all activity that occurs via your account.
5. User Conduct
5.1 Responsible Use.
Klapper Real Estate Inc and its communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Website, Services, and Software responsibly with these expectations in mind.
5.2 Misuse.
You must not misuse the Website, Services, and Software or violate applicable law.
6. Fees and Payment
You are responsible for all applicable fees, taxes, and third-party charges.
7. Your Warranty and Indemnification Obligations
You agree to indemnify us against claims arising from your content or use of the Services.
8. Disclaimers of Warranties
The Website, Services and Software are provided “AS-IS” to the maximum extent permitted by law.
9. Limitation of Liability
Our total liability is limited to US $100 or the amount you paid in the prior three months, whichever is greater.
10. Termination
We may terminate access for breach, non-payment, legal requirements, or inactivity.
11. Investigations
We may screen, access, or disclose information to comply with law or protect users.
12. Export Control Laws
You agree to comply with all applicable export and international laws.
13. Dispute Resolution Any dispute or claim between you and Klapper Real Estate Inc shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The venue for such arbitration shall be Orange County, California.
Notices for arbitration or legal service must be sent to: 424 Pacific Coast Hwy Hermosa Beach, CA 90254
14. Compliance with Licenses
We may audit compliance no more than once every 12 months with notice.
15. Modification
We may modify these terms and will post notice of changes.
16. Miscellaneous
16.1 English Version.
The English version controls.
16.2 Notice to Klapper Real Estate Inc.
Notices should be sent to:
Klapper Real Estate Inc, 424 Pacific Coast Hwy Hermosa Beach, CA 90254
16.3 Notice to You.
We may notify you via email, mail, or postings.
16.4 Entire Agreement.
These terms constitute the entire agreement.
16.5 Non-Assignment.
You may not assign these terms without consent.
16.6 Severability.
Invalid terms do not affect others.
16.7 No Waiver.
Failure to enforce is not a waiver.
17. DMCA