TERMS OF SERVICE
1. Services and Conditions of Use
Welcome to CBCURS's online Service.
As part of our service, CBCURS agrees to provide you
with quality gallery space, photography article reviews,
resources and other computer services that CBCURS may
decide to offer, subject to the terms of this Agreement.
Upon notice published through the Service, CBCURS may
modify this Agreement at any time. You agree and continue
to agree to use CBCURS Services in a manner consistent
with all applicable laws and regulations and in accordance
with the terms and conditions set out in the policies
and guidelines outlined below. Please note that you
will be referred to as "Customer" from time
to time in this Agreement.
2. Software Libraries and Copyrighted Materials
The downloading of copyrighted material is not allowed
by Customers. Customers may not copy, reproduce, retransmit,
distribute, publish, commercially exploit or otherwise
transfer any copyrighted material. The burden of determining
that any information, software or any other content on
the Service is not protected by copyright rests with the
Customer. Customer acknowledges that CBCURS and/or third-party
content providers remain the owners of the posted materials,
and that Customer can not acquire any of those ownership
rights by downloading copyrighted materials. Downloading
of said copyrighted materials and files, including photographs,
resources, text, graphics, is strictly forbidden and will
result in immediate termination of Customer's account
at CBCURS.
3. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT
CUSTOMER'S OWN RISK. CBCURS SERVICES ARE PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY
FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING
WITHOUT LIMITATION THE PROFOTOS ONLINE SOFTWARE LICENSED
TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE.
SPECIFICALLY, CBCURS DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO
ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES
THAT CBCURS IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH CUSTOMER.
NEITHER CBCURS NOR ANY OF ITS AGENTS,
AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY
TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH
OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT
ON THE SERVICE.
4. Trademarks
Coldwell Banker Commercial United Realty Services (CBCURS),
is a trademark of Coldwell Banker Real Estate Corporation.
All other trademarks appearing on the Service are trademarks
of their respective owners.
5. Notice
CBCURS may give notice to Customers by means of a general
notice on the Service, electronic mail to Customer's e-mail
address on record in CBCURS account information, or by
written communication sent by first class mail to a Customer's
address on record in CBCURS account information. You may
give notice to CBCURS (such notice shall be deemed given
when received by CBCURS at any time by any of the following:
Electronic mail to support@cbcurs.com;
Letter telecopied to CBCURS at the following fax number:
(513) 241-4170;
Letter delivered by first class postage prepaid mail
or courier to CBCURS at the following address:
CBCURS
8040 Hosbrook Road
Suite 400
Cincinnati, OH 45236
6. Indemnification
Customer agrees to indemnify and hold CBCURS harmless
from any dispute which may arise from a breach of terms
of this Agreement. Customer agrees to hold CBCURS harmless
from any claims and expenses, including reasonable attorney's
fees and court costs, related to Customer's violation
of this Agreement, including the Rules of Conduct or any
information, software or other content placed on the Service
by Customer.
7. Termination Of Service
User may terminate this Agreement and User's right to
use the Service by sending a cancellation email to support@cbcurs.com.
CBCURS may terminate your account or access rights to
this Service at any time, without notice, for conduct
that CBCURS believes violates this Agreement or other
policies or guidelines that CBCURS has posted on a CBCURS
service. CBCURS may terminate your account or access rights
to this Service for online conduct that CBCURS believes
is harmful to other Customers, to CBCURS business, or
to other information providers.
8. Choice Of Law
This Agreement shall be construed and controlled by the
laws of the State of Ohio. Further, any dispute arising
from the terms of this agreement or a breach of this Agreement
will be governed by the laws of the State of Ohio. Customer
agrees to personal jurisdiction by the state and federal
courts sitting in the State of Ohio.
9. Merger Clause
This Agreement constitutes the entire agreement between
the parties with respect to the subject matter contained
herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral
between CBCURS representatives and Customer. CBCURS may
amend or modify this Agreement or impose new conditions
at any time upon notice from CBCURS to Customer as published
through the Service. Any use of the Service by Customer
after such notice shall be deemed to constitute acceptance
by Customer of such amendments, modifications or new conditions. |
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Cincinnati Office
8044 Hosbrook Road
Suite 475
Cincinnati, OH 45236
PH: (513) 241-1100
FAX: (513) 241-4170
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