LOFTproperties.com Terms and Conditions

Last updated 8 July 2009

The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the LOFTproperties.com ( “the website” located at http://LOFTproperties.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Luxurio Inc. (“LOFTproperties.com” or the "Company"). You also agree to the LOFTproperties.com Listing Policy & Guidelines (the "Listing Policies").

If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Chief Legal Counsel, NICHE properties, 1614 15th St, Denver, CO 80202. The Company may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the LOFTproperties.com website.

General Provisions

Membership Privileges

Membership privileges are granted by the Company to individuals and organizations of multiple individuals and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the LOFTproperties.com without express written permission from the Company. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of the Company. LOFTproperties.com requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the LOFTproperties.com system. Members are not permitted to share their individual logon information with others. The Company has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on LOFTproperties.com, or abuses their rights related to the LOFTproperties.com service. Unregistered users may search the LOFTproperties.com listings Service, but will only receive limited information about each listing.  Upon registration, and payment of any and all applicable fees, unregistered users become members and gain access to all available informaiton for each listing.  Members registered as listors may also post properties on the Service and upgrade to "featured listor" status.

LOFTproperties.com utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant LOFTproperties.com the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes the Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. The Company will use best efforts to honor Customers request to opt out of marketing messages, but under no circumstances will LOFTproperties.com have any liability for sending any email to its registered users/customers.

Submission and Administration of Listings

Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property’s data to LOFTproperties.com unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer’s website or on LOFTproperties.com. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on LOFTproperties.com. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the LOFTproperties.com. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website, the LOFTproperties.com and other LOFTproperties.com partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the LOFTproperties.com and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the LOFTproperties.com system under a name other than the named real estate professional or enterprise that have been engaged by the property owner to market the property; and (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the LOFTproperties.com. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to LOFTproperties.com. LOFTproperties.com may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.

Use of Information

Customer agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information, and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to LOFTproperties.com. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of LOFTproperties.com. The Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customers own risk. Customer may access the published property listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Any and all Content offered by the Company to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY LOFTproperties.com, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Customer shall limit access to and use of the Services to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the LOFTproperties.com Service as part of any effort to compete with the Company, including without limitation using the LOFTproperties.com Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential LOFTproperties.com customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the LOFTproperties.com Service. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $1,000.

Membership Options and Payments

LOFTproperties.com offers two membership options: one for users primarily interested in searching listings and one for users primarily interested in posting listings.  Users that select a membership that does not offer the listing of properties pay for a fee for a specific period of time during which they will gain access to enhanced information about each property, along with the ability to receive email updates of properties matching their saved search criteria.  Users that select a membership that allows for posting listings can select from packages that provide the ability to post single listings or unlimited listings.  Single listing packages are priced based on the number of listings the member would like to post.  Unlimited listing packages are priced based on the period of time the member would like to have the ability to post unlimited listings.  Unlimited listing packages automatically renew for the length of time originally purchased by the user upon expiration of the original term. All unlimited listing packages available through the website are reserved for individual property listors. Unlimited listing packages for companies, brokerages and developments are coordinated through LoftProperties.com representatives.  

LOFTproperties.com processes payments for membership through PayPal, the internet's largest and most trusted payment processing service.  LOFTproperties.com offers free trials for its listing packages so that members can experience the listing service before being charged.  As such, all payments made to LOFTproperties.com are final and nonrefundable.  A user must cancel their membership during the trial period to avoid charges.  Members with unlimited listing packages may cancel their renewing payments either through the LOFTproperties.com website or through their account on the PayPal website that they used to pay for the unlimited listing package.

The company reserves the right to change its fees and/or billing methods at any time.  The Company will provide timely notice to the affected Customers of any such changes.

Membership Upgrades and Payments

LOFTproperties.com offers its Members who have accounts that allow for the posting of properties to purchase additional services through the website, including the "Featured Specialists" upgrade and "Featured Listings" upgrade.  Payments for all upgrades are process through PayPal.

Unsolicited Commercial Email (Spam)

LOFTproperties.com prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use email services that the Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. LOFTproperties.com has the right to revoke the privileges of any customer or company that breaches these terms.

FEDERAL CAN-SPAM ACT

You may not harvest email addresses from the LOFTproperties.com for the purpose of sending email; doing so is illegal under the Federal CAN-SPAM Act. If you believe you have received spam as a result of your email address being published on the LOFTproperties.com site, please forward any and all spam messages along with a note indicating such to Support[at]LOFTproperties.com. LOFTproperties.com will use these messages to pursue law enforcement action against parties who send unwanted or deceptive email to its website’s users.

Ownership and License Grant

NICHE technologies, Inc., d/b/a/ NICHE properties, retains all rights (including Intellectual Property Rights as defined below), title and interest in LOFTproperties.com and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of LOFTproperties.com technology or delete or alter author attributes or copyright notices. Customer shall use the LOFTproperties.com system solely for their own use and shall not allow others to use the LOFTproperties.com system under or through that Customers login ID/email and password. No part of LOFTproperties.com may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, either electronic or mechanical, without the written prior consent of LOFTproperties.com, the respective content suppliers, and/or licensees. You may not use spiders and other search robots on LOFTproperties.com. Your use of spiders or search robots in violation of these Terms and Conditions of Use may be a violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq., state or other federal law. LOFTproperties.com shall take all actions it deems necessary to enforce its rights.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

SUBMISSIONS

LOFTproperties.com welcomes suggestions, comments and other submissions from the users of the LOFTproperties.com site. Any comments, suggestions, ideas or any other materials submitted to us (collectively, the "Submissions"), will become our property upon its submission. LOFTproperties.com shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of LOFTproperties.com, and LOFTproperties.com shall not be liable for any use or disclosure of any Submissions. Notwithstanding the foregoing, any personal information you submit to LOFTproperties.com through the pages located on this site will be held in confidence by us as set forth in our Privacy Policy. This submissions policy is intended to avoid the possibility of future misunderstandings when projects developed by LOFTproperties.com staff might seem to others to be similar to their own creative work. Limitation of Liability and Indemnification

IN NO EVENT SHALL LOFTproperties.com BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and LOFTproperties.com entire liability under this Agreement shall be a refund to Customer of the fees paid to LOFTproperties.com hereunder, and in no event will LOFTproperties.com liability for any reason exceed such fee. The Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customers use of the Deliverables, and Customer shall indemnify LOFTproperties.com (and LOFTproperties.com officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys fees) as a result of a claim by any person other than Customer arising from Customers use or application of the Services or the Deliverables.

Warranty Disclaimers

THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LOFTproperties.com MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND LOFTproperties.com SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED KINGDOM, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

Links to Third Party Sites

This website may contain hyperlinks to other websites operated by parties other than Luxurio Inc. and its subsidiaries which are beyond LOFTproperties.com control. Parties other than LOFTproperties.com may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use LOFTproperties.com logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the LOFTproperties.com site. LOFTproperties.com does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. LOFTproperties.com does not assume any liability for the actions, product, and content of all of these and any other third parties. LOFTproperties.com makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves the LOFTproperties.com site, the site you will land on is not controlled by LOFTproperties.com and different terms of use and privacy statements may apply. LOFTproperties.com also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of LOFTproperties.com

Customer agrees that LOFTproperties.com shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by LOFTproperties.com customers and partners. LOFTproperties.com shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. LOFTproperties.com shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. LOFTproperties.com reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted on this page on http://LOFTproperties.com.

Content Guidelines

LOFTproperties.com requires all Users to abide by the Content Guidelines. Upon receipt by LOFTproperties.com of notice of the aforementioned violations, the content in question will be reviewed and may be removed from LOFTproperties.com. Appropriate authorities may be notified.

To report content violations please email: Support[at]LOFTproperties.com

Content violations include:

• Child pornography or exploitation;
• Dangerous or illegal acts including but not limited to incitement to violence, animal abuse or drug abuse;
• Unlawful, obscene, defamatory or libelous material;
• Any sexually explicit content including but not limited to images of rape, bestiality, intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia;
• Abuse, drug abuse, or bomb making;
• Graphic or gratuitous violence - people getting hurt, attacked, or humiliated;
• Gross-out videos of accidents, dead bodies or similar things;
• Hate speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity; and/or
• Predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members personal information.

Copyright Complaints

If you believe that your work has been copied onto LOFTproperties.com in a way that constitutes copyright infringement, please provide LOFTproperties.com copyright agent the written information specified below. Please note that this procedure is exclusively for notifying LOFTproperties.com that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on LOFTproperties.com, with identifying information for the listing, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and/or
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

Address for LOFTproperties.com copyright agent: 1614 15th St, Denver, CO 80202

Governing Law

This Agreement, and the Deliverables provided by LOFTproperties.com, shall be governed by the laws of the State of Colorado, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Denver County, Colorado for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.

SEVERABILITY

The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction where the provision was held to be invalid or unenforceable.

Assignment

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Luxurio, Inc., which retains the right to withhold consent in its sole discretion.

Notices

All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to General Counsel at NICHE properties.

Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.