PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH APN, LLC ("APN" or "WE") PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING
WEB SITE: Maniihome.com INCLUDING ALL SUBDOMAINS THEREUNDER AND SPECIFICALLY INCLUDING ANY SUBDOMAIN OPTIMIZED FOR USE ON MOBILE DEVICES (COLLECTIVELY THE "SITE"). ALL SERVICES PROVIDED BY APN ON THE SITE ARE COLLECTIVELY REFERRED TO AS "SITE SERVICES."
BY ACCESSING, BROWSING AND/OR USING THE SITE AND/OR SITE SERVICES, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO SUCH USE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS,
BROWSE OR USE THE SITE OR ANY SITE SERVICES.
Ownership of the Site and Protection of our Intellectual Property Rights
The contents of the Site are intended for the personal, noncommercial use of our users. The Site is a division of APN. All right, title and interest to the content displayed on the Site, including but not limited to the Site look and feel, data, information,
text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties (the "Content"), are the property of APN, or the respective third parties, and are protected
by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by APN, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation
any software) available through the Site.
Changes to the Agreement
APN may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted to the Site. Your continued use of any of the Site following the posting of changes constitutes
your acceptance of any such changes.
Your use of the Site is also subject to the other policies, disclaimers and guidelines we post on such site from time to time.
Your License to Access Content on the Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute Content retrieved from the Site via a generally available consumer web browser, provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Site Services or remove or obscure the copyright notice or other notices displayed on the Content. You may not reproduce, print, cache, store or distribute Content retrieved from the Site in any way, for any commercial use without
the prior written permission of APN or the copyright holder identified in the relevant copyright notice.
You agree not to modify the Site Services in any manner or form, or to use modified versions of the Site Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site Services or portions of the Site Services.
You agree not to access the Site Services by any means other than through the interface that is provided by APN for use in accessing the Site Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any Content. Any rights
not expressly granted herein are reserved to APN.
If you choose to forward Content from the Site, you agree that you will only forward such Content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.
No Automated Querying
You may not send automated queries of any sort to the Site without express permission in advance from APN. Note that "sending automated queries" includes, among other things:
- using any softw3are which sends queries to the Site to determine how a website or webpage "ranks" for various queries;
- "meta-searching"; and
- performing "offline" searches on any Site
You agree not to use the Site to:
1.Post any Posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
2.Harm or threaten to harm users in any way;
3."Stalk" or otherwise harass any other person or entity;
4.Impersonate any person or entity (including a Site or APN agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
5.Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by APN for such purpose;
6.Disseminate or transmit any content that infringes or violates any party, copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission,
using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
7.Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
8.Violate any law (whether local, state, national, or international), whether or not intentionally;
9.Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
10.Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
11.Interfere with or disrupt the Site Services, the Site, or the servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
12.Collect or store personal data about other users;
13.Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
14.Post any material 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.
You acknowledge that APN does not pre-screen Postings, but that APN has the right, but not the obligation, to refuse to make available, to modify or to remove any Postings or portions of Postings in its sole discretion and at any time without notice
to the Poster, regardless of whether those Postings violate the terms of this Agreement or are otherwise objectionable.
You agree that your use of any Posting is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Posting. You agree that if you rely on any Posting submitted to the Site, it is solely at your own risk.
If you choose to provide any Postings on the Site, you agree that APN may copy, distribute, display, publish, modify or translate such Postings for any purpose and in any medium worldwide (including incorporating the Postings into Site answer databases
or any other Site property, product or service) without any obligation to compensate you or any other third party in any way for any such use. APN may grant other parties these same rights as to the Postings.
Links to Other Web Sites
A central part of the Site Services includes links to other World Wide Web ("Web") sites or resources. Because APN has no control over such sites and resources, you acknowledge and agree that APN is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that APN shall not be responsible
or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites
usually have their own terms and conditions, including privacy policies, over which APN has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact with Advertisers or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the Site Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities,
are solely between you and the third party. APN does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that APN will have no liability for any loss or damage
of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on the Site. You acknowledge that
such external sites usually have their own terms and conditions, including privacy policies, over which APN has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States
or the country in which you reside.
Modifications to Site Services
APN reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Site Services (or any part thereof) with or without notice. You agree that APN will not be liable to you or to any third party for any modification,
suspension, discontinuation or termination of the Site Services.
Termination of Your Access to Site Services
You agree that APN, in its sole discretion, may terminate your access to any of the Site Services, and/or remove, discard or modify any Postings or content within the Site, for any reason, including, without limitation, for lack of use or if APN believes
that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site Services may be effected without prior notice, and acknowledge and agree that APN may immediately
deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site Services. If you use the Site in violation of this Agreement, APN may, in its sole discretion, retain all
data collected from your use of the Site. Further, you agree that APN shall not be liable to you or any third party for the discontinuation or termination of your access to the Site Services, or collection of information notwithstanding in the case
of your violation of this Agreement, even if advised of a claim for damages.