Terms of Use

Terms of Use

Updated September 2023

Objectives/Content:

Listings Project LLC (referred to hereinafter as “we”, “us”, “our” or the “Listings Project”) provides an e-mail service (referred to hereinafter as the “Service”), contains content that is provided as a service to users who agree to abide by the following acceptable conduct terms. Your right to use the Service is governed by these Terms of Use and you should take the time to review this document carefully before you use the Service. By using the Service in any way, you are agreeing to comply with these Terms of Use.

We reserve the right to change the Terms of Use at any time and for any reason. Updated versions of the Terms of Use will distributed through the Service and posted to listingsproject.com, and you should visit this page periodically to keep apprised of any changes. By continuing to use the Service after any such change, you accept and agree to the modified Terms of Use. We reserve the right to modify or discontinue, temporarily or permanently, the Service, any features, benefits (including without limitation blocking or terminating your access to the Service), rules or conditions, all without notice, even though such changes may affect the way you use the Service. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service.

You shall be deemed to have “posted,” as such term is used in these Terms of Use, at the moment you have submitted or any person authorized by you has submitted any postings, ads, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively “Content”) to be included in the Service.

Scraping & Republishing Prohibited

You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website; and (ii) posting and responding to listings for real estate, working opportunities, items for sale, services offered and such other services as we may provide from time to time. You are expressly prohibited from: (a) republishing any posting, listing or other content from listingsproject.com (including on any other website); (b) selling, renting or sub-licensing any posting, listing or other content from listingsproject.com; (c) reproducing, duplicating or copying any posting, listing or other material from listingsproject.com; or (d) redistributing any posting, listing or other content from listingsproject.com. You understand and agree that listings, commentary, and associated photographs and other content on listingsproject.com are subject to copyright, and that copying these without the consent of listingsproject.com would constitute copyright infringement.

You may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, for any reason, whether manually or by automation, extract data from listingsproject.com for commercial purposes, including, without limitation, harvesting, crawling, indexing, scraping, spidering, mining, gathering, extracting, compiling, obtaining, aggregating, capturing, or storing any listing or other content on or through listingsproject.com (collectively, “screen scraping”).

Screen scraping is strictly prohibited by listingsproject.com and represents a material breach of these Terms of Use. You acknowledge that you are aware that listingsproject.com is a website requiring user registration and authentication (non-public) that any screen scraping represents “unauthorized access” under applicable laws and that persistent unauthorized access will cause harm to listingsproject.com, including monetary damages not easily quantifiable (as well as non-monetary damages) which would constitute irreparable harm to the business of listingsproject.com. As such, you acknowledge and agree that screen scraping will constitute immediate and irreparable damage to listingsproject.com, which cannot be fully and adequately compensated in money damages and which will warrant preliminary and other injunctive relief, including specific performance, without the requirement of any bond or other security in obtaining such equitable relief. You further understand that other legal action may be taken and remedies enforced against you.

Our user registration and authentication, as well as your express acceptance of these Terms of Use via “clickwrap” has been required prior to granting you access to the listingsproject.com website and, as such, represent affirmative steps by listingsproject.com to forbid, prohibit, or prevent you from screen scraping. As such, you acknowledge and agree that listingsproject.com will have standing to sue for breach of contract, a violation of the Computer Fraud and Abuse Act, (3) a trespass to chattel, and (4) copyright infringement in the event of any breach of the foregoing prohibition on screen scraping.

User Conduct:

Without limitation, while using the Service, you shall not:

  1. Harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restrict or inhibit any other person from using or enjoying the Service;

  2. Transmit any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;

  3. Post advertising or solicitation in categories that is not appropriate, or post the same item or service in more than one category or more than once every 7 days, or post the same ad in multiple cities on the Service;

  4. Post adult content or explicit adult material;

  5. Post, anywhere on the Service, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in our sole discretion;

  6. Post any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for money or other valuable consideration;

  7. Post any material on the Service that exploits minors in any way;

  8. Post any material on the Service that in any way constitutes or assists in human trafficking.

  9. Post any ad for products or services, use or sale of which is prohibited by any law or regulation;

  10. Send mail, e-mail, voice messages, or faxes for solicitation of any other product, or service to a user of the Service unless the user has granted permission in their ad or otherwise allowed contact for solicitation;

  11. Interfere with or infringe the patents, copyrights, trademarks, service marks, logos, confidential information, intellectual property rights of others, or any other third party rights;

  12. Send messages or engage in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;

  13. Discriminate on the basis of race, color, ethnicity/ethnic heritage, nationality, religion, sexual orientation, gender identity, gender expression, disability, age, size, social class, alienage and/or citizenship status, familial status, marital status, criminal history, partnership status, lawful source of income, economic status, status as a victim of domestic violence, lawful occupation and/or military status or refer to such matters in any manner prohibited by law;

  14. Post any employment ads violating the anti-discrimination provisions of the Immigration and Nationality Act or messages which violate any law or regulation; or

  15. Use the Service to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.

Use of Materials:

Any ads or messages that you post, transmit, or otherwise make available for viewing through the Service will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by us or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant us (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, revision and advertising in any media in perpetuity without notice or compensation to you. The foregoing provisions in this paragraph are subject to our Privacy Policy.

Fair Housing:

All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, as well as to the relevant state or local laws pertaining to discrimination in real estate. Protections may include, but are not limited discrimination, whether direct or indirect, and regardless of intent, in the sale, rental, advertising, financing, provision of terms and services and/or other housing-related transactions, on the basis of ones race, color, ethnicity/ethnic heritage, nationality, religion, sexual orientation, gender identity, gender expression, handicap (disability), age, size, social class, alienage and/or citizenship status, familial status (including having children under the age of 18 living with parents or legal custodians, being pregnant, and one in the process of securing custody of children under the age of 18), marital status, criminal history, partnership status, lawful source of income, economic status, status as a victim of domestic violence, lawful occupation and/or military status ). We will not knowingly accept any real estate advertising which is in violation of any applicable law. Users are hereby informed that all dwellings advertised on the Service are available on an equal opportunity basis. To complain of discrimination call HUD toll-free at 1-800-669-9777. The toll-free number for the hearing impaired is 1-800-927-9275.

For more information visit: https://www.hud.gov/fairhousing

You acknowledge and agree that you will not submit or post any ad which discriminates based on race, color, ethnicity/ethnic heritage, nationality, religion, sexual orientation, gender identity, gender expression, handicap (disability), age, size, social class, alienage and/or citizenship status, familial status (including having children under the age of 18 living with parents or legal custodians, being pregnant, and one in the process of securing custody of children under the age of 18), marital status, criminal history, partnership status, lawful source of income, economic status, status as a victim of domestic violence, lawful occupation, military status, and/or any other protected class under local or state law. If you see any ad or posting which discriminates based on any of the above factors, you are encouraged, in addition to contacting HUD, State and or local enforcement agencies to report such ad or posting by sending an e-mail to listings@listingsproject.com. You understand that we shall have the right, but not the obligation, to remove, edit, or delete any ad.

Termination of Access:

We have the right to terminate your account or otherwise prevent you from using the Service at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so. We further reserve the right to block access to the Service to anyone for any reason at any time.

If we terminate your account, you must immediately stop using the Service and you agree not to attempt to regain access to the Service without our express permission. Such termination will result in the suspension or deletion of your account and access to your account.

In addition, we may terminate your account (i) if we become aware of or have received one or more complaints about your use of the Service, (ii) if we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Listings Projects, its users, or third parties, or (iii) to prevent fraud or other illegal activity.

If a complaint is brought against you, we have the right, but not the obligation, to provide you notice of such complaint, and we may further provide you with an opportunity to respond within 24 hours if you believe in good faith that such complaint has been wrongly brought against you. Complaints and responses should be sent to: listings@listingsproject.com. Please note that Listings Project is under no obligation to investigate or mediate any complaints or responses.

No Third Party Beneficiaries:

You agree that, except as otherwise provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.

Copyright and Trademarks:

All materials on the Service, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to us or owned by other parties who have posted on the Service. Materials from the Service and from any website owned, operated, controlled, or licensed by us may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way that violates the rights of others.

In posting content on the Service, you grant us, and our owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive, and create derivative works from the posted content.

Notification of Infringement:

(A) The Digital Millennium Copyright Act (“DMCA”) provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:

Please note that we have designated the following agent for such copyright complaints or requests under the DMCA: Stephanie Diamond. Notices can be sent directly to this agent at:

Listings Project, LLC
PO BOX 231510, New York, NY 10023
Email: listings@listingsproject.com

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.

(B) If you send us a request to take down content that infringes upon any other of your intellectual property rights (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your notice should include:

(C) We may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.

Posting of Ads:

You understand that each time you post an ad on the Service or otherwise use the Service, you agree to these Terms of Use. By agreeing to these Terms of Use, you acknowledge that we may send you e-mail messages telling you about offers listed on the Service, or related services provided by our affiliates and partners. You understand and agree that such communications are part and parcel of your registration for and use of the Service; if you do not wish to receive further communications from us (or our affiliates and partners), you may cancel your registration by sending a cancellation notice to listings@listingsproject.com by unsubscribing from our mailing list at any time using the link in any of our mailings.

Fees:

We may impose a fee on the posting of Content to the Service. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms of Use. Under no circumstances will we provide a refund in the event that Content is removed from fee-based areas for violation of these Terms of Use.

Links:

We have no control over and are not responsible for the content of or claims made on websites that may be linked to or from the Service, whether or not they may be affiliated with us. Any websites linked to or from the Service are for your convenience only, and you access them at your own risk.

Release:

We assume no responsibility for the accuracy, currency, completeness, or usefulness of information, views, opinions, or advice in any material contained on the Service. In addition, we do not endorse any opinions or recommendations posted by others. Any information posted on the Service is the responsibility of the person or persons originating the message. Any user who violates these Terms of Use may be permanently banned from posting ads or using the Service. You understand that all Content posted on, transmitted through, or linked from the Service, are solely the responsibility of the person from whom such Content originated. You understand that we do not control, and are not responsible for Content available on the Service. You agree that we do not have the obligation to pre-screen, monitor, or approve any Content, but that we shall have the right, but not the obligation to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit, or delete any Content for any reason whatsoever. We shall not be responsible for any interaction between you and the other users of the Service. Your dealings with others through the Service are solely between you and such other parties. Under no circumstances will we be liable for any goods, services, resources, or content available through such third party dealings or communications, or for any harm related thereto. We are under no obligation to become involved in any disputes between you and other users of the Service or between you and any other third parties.

You agree that our service is a venue for posters and users of the Service. In the event that you have a dispute with any user of the Service, you agree that we are under no obligation to become involved. You further agree to release us from any and all claims, demands, and damages arising out of or in connection with such dispute.

You are entirely responsible and liable for any Content you post or any Content that is posted by any person authorized to use your e-mail account or computer system.

Users of the Listings Project platform (“User” or “Users”) are solely responsible for review of, and are required to ensure compliance with, all laws, rules, ordinances, or regulations applicable in Users’ region, city and or state, including, but not limited to, those relating to financing, data and privacy, permits or license requirements, zoning ordinances, short-term occupancy restrictions, employment practices, safety, accessibility, anti-discrimination and fair housing laws, as applicable.  Listings Project is a social platform and online communal network for employment and real estate related activities.  Nonetheless, Listings Project is not party to any agreement entered by and between Users of said platform.  As such, Listings Project does not provide legal advice regarding the legality or viability of any contemplated use of its platform or services.  If Users have questions regarding the legality of a use and/or contemplated use, they are encouraged visit the websites of the applicable state and local government agencies directly, or to consult a local lawyer or tax professional.  Although Listings Project is not party to any agreement entered through its platform, it reserves the right to review all listings, in its sole discretion, and to remove or revise the same for noncompliance with these Terms of Use, including, but not limited to, noncompliance with governmental laws, rules, ordinances and/or regulations that may apply to the same.  Listings Project further reserves the right, in its sole discretion, to provide information regarding any listing or Users of its platform to governmental bodies and third-parties in relation to investigations, litigations, and administrative proceedings. In accordance with these Terms of Use, and as set forth in greater detail therein, Users agree to (i) use the platform at their own risk, (ii) release Listings Project, and/or its agents and employees, from all claims for any damage or injury to the fullest extent permitted by law, and (iii) defend, indemnify, and hold harmless Listings Project (and the indemnified parties as defined in these Terms of Use) from any and all liability regarding Users use and participation in any activities on the Listings Project platform.

We do not offer any refunds for the early cancellation of paid postings to us. Unless otherwise stated in our Refund Policy. we do not issue credits or refunds due to our extremely low rates and minimal administrative staff.

You acknowledge, consent, and agree that we may, in accordance with our Privacy Policy, access, preserve, and disclose your contact information and Content you upload, post, or otherwise make available on the Service if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State, or Local law or authorities (iii) enforce these Terms of Use; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property, or personal safety of us, our users, and the public.

Disclaimer of Warranties for Listings Project:

You expressly agree that use of the Service is at your own risk. The Listings Project shall not be responsible for any content found on these classifieds. The Listings Project expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Listings Project makes no warranty that its classifieds or use of the Service will be uninterrupted, timely, secure, without defect, or error free. The Service is provided on an "as is" and "as available" basis.

You acknowledge and agree that any material, and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material and/or data.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability:

The information, services, and products available to you on the Service may contain errors and are subject to periods of interruption. While we do our best to maintain the information, services we offer, we cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of the Service.

In no event shall the Listings Project or its affiliates, owners, agents, members, managers, officers, employees, representatives, sponsors, suppliers, or partners (collectively "indemnified parties") be liable to you or any third party for any direct, indirect, incidental, consequential, punitive, special, exemplary damages, or any damages whatsoever, arising from or in any way connected or relating to (i) the use of (or inability to use), or performance of the Service, (ii) any information, services, or products provided through the Service, or (iii) any interaction between you and other participants of the Service, even if any of the indemnified parties has been advised of the possibility of such damages. You accept all responsibility for, and hereby agree to indemnify and hold harmless the indemnified parties from and against, any actions taken by you or by any person authorized to use your e-mail account or computer system, including without limitation, disclosure of passwords to third parties. You further agree to indemnify and hold harmless the indemnified parties from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, the violation of these terms of use by you, or the infringement by you, or by any person authorized to use your e-mail account or computer system, including without limitation, disclosure of passwords to third parties, of any intellectual property or other right of any person or entity. By using the Service, you agree to defend, indemnify, and hold harmless the indemnified parties from any and all liability regarding your use of the Service or participation in any activities of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

If you are dissatisfied with the Service, or any portion thereof, or do not agree with these terms of use, your only recourse and exclusive remedy shall be to stop using the Service.

If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Jurisdiction and Choice of Law:

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of New York without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms of Use, or in connection with any matters related to the Service or the Listings Project, shall be brought only in either the state or Federal courts located in New York, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General:

These Terms of Use and Privacy Policy constitute the entire agreement between you and the Listings Project and govern your use of the Service, superseding any prior agreements between you and the Listings Project. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another web site linked to by the Service. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Service.

Violations:

Please report any violations of these Terms of Use to: listings@listingsproject.com

Severance and Waiver:

You acknowledge and agree that if any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us.

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