Terms of Service

Welcome. It is important that you familiarize yourself with these terms as you become a member of the Neighborland community. This is an agreement between you and Neighborland, applicable when you use Neighborland’s site, services and products. Please review carefully. If you have questions or feedback, send an email to legal@neighborland.com.

Taken together, the Neighborland.com website, mobile web site, and other various applications for third-party websites and our services (our “Sites”), and any other mobile or web services or applications owned, controlled, or offered by Neighborland are known as the “Neighborland Services” or “Services”.

For the avoidance of doubt, the terms “us,” “we” or “our” refers to Neighborland and the term “you” refers to the user, viewer or beneficiary of Neighborland Services, which in our community’s parlance, but not in this legal agreement, we call our Neighbors.

Accepting the Terms of Service

Please read these Terms of Service, our Privacy Policy, and the Rules of Conduct carefully before using Neighborland.com or the other Neighborland-branded domains, products, services, applications, or content. By using any of the various Neighborland Services, you are acknowledging and agreeing to the following terms and conditions of services (aka our “Terms of Services”). If you do not agree with the terms set out on this page, do not use any Neighborland Services.

Notice of Modifications

Neighborland reserves the right to modify this Agreement at any time by posting a revised Agreement on Neighborland.com. Notifications about changes to this Agreement will be sent via e-mail when practical, and otherwise upon visits to Neighborland.com.

When alerted to a notice of modification, please review and familiarize yourself with the changes. Modifications become effective as soon as they are posted, so using Neighborland Services after the posting and notice of a modification constitutes your acceptance of the terms and conditions of this Agreement as modified.

Eligibility

All Neighborland Services are available only for those aged 13 years or older. If you are between 13 and 18 years old, then you hereby agree to review these Terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement. If you are a parent or guardian entering into this Agreement for the benefit of a child over 13 years of age, then you agree to and accept full responsibility for that child’s use of the Neighborland Services, including all financial charges and legal liability that such child may incur.

If you register for an account with Neighborland (“Account”), you must provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, (b) that you will maintain the accuracy of such information, and (c) your use of the site and services does not violate any applicable laws. You may terminate your Account at any time, for any reason, by following the instructions on the site. We may suspend or terminate your Account in accordance with this Terms of Service. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Restrictions on Use

The material on this site is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, reverse engineer, decompile, upload, post, transmit, or distribute in any way any material from this site including code and software without express permission from Neighborland.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Neighborland Services in strict accordance with this Agreement. If you use Neighborland Services in violation of this Agreement or any applicable law, we may elect to terminate this limited license and take whatever steps are necessary to terminate your account.

Mobile Services

With respect to the use of Neighborland Services on a mobile device, please be aware that you must consult your mobile service provider in relation to any charges for data services that are incurred through the use of Neighborland Services as we are not responsible for these charges; by using Neighborland Services, you agree that we may communicate with you regarding Neighborland by text message, e-mail or push notification that is consistent with your privacy preferences set out in your Neighborland profile; and by using Neighborland Services, you acknowledge and agree that if the services we provide include any location-based services, your location may be shared with us as well as other Neighborland users and any third-party partners in a way that is consistent with your privacy preferences as set out in your Neighborland profile.

License to Neighborland

By posting messages, uploading files, inputting data, linking to data or files on third-party sites (such as Youtube, Vimeo, Flickr, Picasa, Facebook, Twitter, Blogger, or Wordpress), or engaging in any other form of communication through our Services, you are granting Neighborland a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to:

  • Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
  • Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under publicity, copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

Linking to Neighborland

You may link to Neighborland Sites provided that you:

  • Do not remove, resize or otherwise alter advertisements or legal notices on the Neighborland Site to which you link.
  • Do not engage in illegal, inappropriate or pornographic conduct on your sites; and terminate links to our Sites immediately upon our request.

Disclaimer

Neighborland and our users may provide links and pointers to Internet sites maintained by third parties, including advertisers on our Sites. We do not operate or control in any respect any information, products or services on these third-party sites. The materials on our Sites and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Neighborland disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in any materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on our Sites or on third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not Neighborland) assume the entire cost of all necessary maintenance, repair, or correction.

Without limitation, Neighborland makes no warranty with regard to any products, services, or rewards obtained by members through Neighborland or our advertisers or partners. In the event that a third-party business, including but not limited to an advertiser on our Sites, fails to honor an incentive, deal promotion or coupon communicated by way of our Sites, Neighborland cannot be held liable in any fashion for the conduct of that third-party business.

Third Party Content

You acknowledge and agree that third-party content on our Sites represents the thoughts, sentiments and intentions of that third-party and not the views of Neighborland. In addition, you acknowledge and agree that Neighborland shall not be liable for any offensive, pornographic, defamatory, incorrect, false, obscene, or otherwise unlawful content posted on our Sites.

User Restrictions

You agree not to do any of the following while using the Neighborland Services:

  • Post upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that (i) infringes, misappropriates or violates a third party(s) patent copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances)
  • Use, display, mirror, frame or utilize framing techniques to enclose our Sites, or any individual element or materials within our Sites, Neighborland’s name, any Neighborland trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without our express written consent.
  • Access, tamper with, or use non-public areas of our Sites, our computer systems, or the technical delivery systems of Neighborland’s providers; attempt to probe, scan, or test the vulnerability of any Neighborland system or network or breach any security or authentication measures.
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Neighborland or any of our providers or any other third party (including another user) to protect the Neighborland Services or Sites.
  • Attempt to access or search our Services or Sites or download content from the Services or through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Neighborland or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Chrome or Opera).
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
  • Use any meta tags or other hidden text or metadata utilizing a Neighborland trademark, logo, URL or product name without our express written consent.
  • Use our Services, Sites or content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service.
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use our Services, Sites or content to send altered. deceptive or false source-identifying information.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Sites, Services or content.
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Sites.
  • Collect or store any personally identifiable information from our Sites or Services from other users of our Sites or Services without their express permission.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Violate any applicable law or regulation.
  • Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose.
  • Stalk or otherwise harass anyone.
  • Collect personal data about Neighborland users for commercial or unlawful purposes.
  • Post non-local or otherwise irrelevant content or repeatedly post the same or similar content.
  • Post identical or similar messages repeatedly to different neighborhoods or locations.
  • Use any form of automated device or computer program that enables the submission of postings on our Sites without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

Indemnification

Where you violate this Agreement in any fashion, you agree to indemnify, defend and hold us and our partners, agents, directors, officers, employees, subcontractors, third-party suppliers of information, attorneys, advertisers, product and service providers, and other affiliates (“Affiliated Parties”) harmless from any liability, loss, or claim, including reasonable attorney’s fees and other collateral costs.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Neighborland or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Neighborland Services. You specifically acknowledge and agree that Neighborland is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Neighborland material, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using Neighborland Services.

Copyright Compliance Policy

Neighborland respects the copyright privileges of others and ask that you do the same.

If you are a copyright holder and you believe that your work has been used in an unauthorized fashion by one of our users or partners, please email our copyright agent at legal@neighborland.com. When filing a request to have copyrighted material removed from our Sites or Services, be aware that your request must comply with the notice and take-down requirements of the Digital Millennium Copyright Act (“DMCA”). To comply with the DMCA’s requirements, please provide the following information to our copyright agent when making a request for removal (“Infringement Notice”):

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed, along with accurate website links (if available);
  • A description of where the offending material is located on our Sites or Services;
  • Your address, telephone number, and email address;
  • A statement that you have a good faith belief that the Neighborland user or partner is not authorized to use the copyrighted material in question; and
  • A statement by you, made under penalty of perjury, indicating that the above information in your Infringement Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Termination

This Terms of Service commences on the date you first use the site or services and will remain in full force and effect while you use the site or services, unless earlier terminated in accordance with this Terms of Service.

We may (a) suspend your rights to use the site, any service, and/or your Account or (b) terminate this Terms of Service, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated it. Without limiting the foregoing, we reserve the right to terminate our agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.

Upon termination of this Terms of Service, your Account and right to use the site and services will automatically terminate immediately.

Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and us arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the site and any service.

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND NEIGHBORLAND ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND NEIGHBORLAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and BackFlip must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: San Francisco, CA, Denver, CO, or New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Denver, Colorado. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Denver, Colorado.

This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of Colorado, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

Other

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

This Agreement constitutes the entire contractual agreement between you and Neighborland, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to Neighborland and the Neighborland Services;

This Agreement may be amended at any time by us without specific notice to you. It is your responsibility to review the most up-to-date version of this agreement prior to using the Neighborland Services.

We reserve the right, at any time, to modify, suspend, or discontinue the site or services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or service or any part thereof.