1. Definitions.

"PropertiesMagazine.com" is an interactive on-line service operated by PropertiesMagazine.com ("PropertiesMagazine.com") on the Internet World Wide Web, consisting of information services and content provided by PropertiesMagazine.com, affiliates of PropertiesMagazine.com and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of PropertiesMagazine.com.

2. General.

(A) This Agreement sets forth the terms and conditions that apply to the use of PropertiesMagazine.com by Subscriber. By using PropertiesMagazine.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions herein. The right to use PropertiesMagazine.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password, if any.

(B) PropertiesMagazine.com shall have the right at any time to change or discontinue any aspect or feature of PropertiesMagazine.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

PropertiesMagazine.com shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of PropertiesMagazine.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PropertiesMagazine.com, or by electronic mail, or by any other means by which Subscriber obtains notice thereof. Any use of PropertiesMagazine.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment.

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of PropertiesMagazine.com and all charges related thereto.

5. Subscriber Conduct.

(A) Subscriber shall use PropertiesMagazine.com for lawful purposes only. Subscriber shall not post or transmit through PropertiesMagazine.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PropertiesMagazine.com's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in PropertiesMagazine.com's discretion restricts or inhibits any other Subscriber from using or enjoying PropertiesMagazine.com will not be permitted. Subscriber shall not use PropertiesMagazine.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with PropertiesMagazine.com.

(B) PropertiesMagazine.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of PropertiesMagazine.com are copyrighted under United States copyright laws. PropertiesMagazine.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PropertiesMagazine.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Subscriber shall not upload, post or otherwise make available on PropertiesMagazine.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PropertiesMagazine.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted PropertiesMagazine.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants PropertiesMagazine.com the right to edit, copy, publish and distribute any material made available on PropertiesMagazine.com by Subscriber.

(D) The foregoing provisions of Section 5 are for the benefit of PropertiesMagazine.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability.

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF PropertiesMagazine.com IS AT SUBSCRIBER'S SOLE RISK. NEITHER PropertiesMagazine.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PropertiesMagazine.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PropertiesMagazine.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PropertiesMagazine.com.

(B) PropertiesMagazine.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) 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. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT PropertiesMagazine.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL PropertiesMagazine.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PropertiesMagazine.com BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PropertiesMagazine.com. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PropertiesMagazine.com.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PropertiesMagazine.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PropertiesMagazine.com, OR ON SITES LINKED FROM PropertiesMagazine.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO PUNITIVE OR CONSEQUENTIAL DAMAGES. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

(F) FORCE MAJEURE -- NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).

7. Monitoring.

PropertiesMagazine.com shall have the right, but not the obligation, to monitor the content of PropertiesMagazine.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by PropertiesMagazine.com and to satisfy any law, regulation or authorized government request. PropertiesMagazine.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PropertiesMagazine.com. Without limiting the foregoing, PropertiesMagazine.com shall have the right to remove any material that PropertiesMagazine.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless PropertiesMagazine.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of PropertiesMagazine.com by Subscriber or Subscriber's Account.

9. Termination.

Either PropertiesMagazine.com or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, PropertiesMagazine.com shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which PropertiesMagazine.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks.

PropertiesMagazine.com's logo is a trademark of PropertiesMagazine.com. All rights reserved worldwide. All other trademarks and copyrights appearing on PropertiesMagazine.com are the property of their respective owners.

11. Third Party Content.

PropertiesMagazine.com is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, PropertiesMagazine.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of PropertiesMagazine.com, are those of the respective author(s) or distributor(s) and not of PropertiesMagazine.com. Neither PropertiesMagazine.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through PropertiesMagazine.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with PropertiesMagazine.com. PropertiesMagazine.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PropertiesMagazine.com by anyone other than authorized PropertiesMagazine.com employee spokespersons while acting in their official capacities. Under no circumstances will PropertiesMagazine.com be liable for any loss or damage caused by a Subscriber's reliance on information obtained through PropertiesMagazine.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through PropertiesMagazine.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. Miscellaneous.

This Agreement and any operating rules for PropertiesMagazine.com established by PropertiesMagazine.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the United States of America. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13. Copyrights and Copyright Agent.

PropertiesMagazine.com respects the rights of all copyright holders and in this regard, PropertiesMagazine.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PropertiesMagazine.com the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For any questions or requests regarding copyright and related issues, please contact: Admin@PropertiesMagazine.com

PropertiesMagazine.com Privacy Policy

Thank you for visiting PropertiesMagazine.com. Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used on this site. The PropertiesMagazine.com web site is governed by this Privacy Notice.

The Information We Collect

At our site, you can order products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services.

At our site, you can submit information about other people. For example, you might submit a person's name and e-mail address to send an electronic greeting card and, if you order a gift online and want it sent to the recipient, you might submit the recipient's name and address. The types of personally identifiable information that may be collected about other people at these pages include: recipient's name, address, e-mail address, and telephone number.

We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows XP or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).

How We Use the Information

We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, and to offer you other products, programs or services that we believe may be of interest to you.

We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to our subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.

We use the information that you provide about others to enable us to send them your gifts or cards. From time to time, we also may use this information to offer our products, programs, or services to them.

The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.

We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.

We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.

Agents and contractors of PropertiesMagazine.com who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to carry out the services they are performing for PropertiesMagazine.com.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice. Inadvertent disclosures may result, for example, when third parties misrepresent their identities in asking the site for access to personally identifiable information about themselves for purposes of correcting possible factual errors in the data.

If PropertiesMagazine.com discloses personally identifiable information to companies not owned by PropertiesMagazine.com who want to market products or services to you, it will provide you with an opportunity to opt out or block such uses at the point of submission.

PropertiesMagazine.com may on occasion combine information we receive online with outside records to enhance our ability to market to you those products or services that may be of interest to you. If you prefer not to receive marketing information from this site, follow the "unsubscribe" instructions provided on any marketing e-mail you receive from this site.

Finally, PropertiesMagazine.com sites will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.

Collection of Information by Third-Party Sites and Sponsors

Some of our sites contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

PropertiesMagazine.com sites sometimes may offer contests, sweepstakes, or promotions that are sponsored by or co-sponsored with identified third parties. By virtue of their sponsorship, these third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the contest, sweepstakes, or promotion. PropertiesMagazine.com has no control over the third-party sponsors' use of this information. PropertiesMagazine.com will notify you at the time of requesting personally identifiable information if third-party sponsors will obtain such information.

We use third-party advertising companies to serve ads when you visit our Web site. Our third-party advertising companies also separately place or recognize a cookie file on your browser in the course of delivering advertisements to this Site. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you.

Third Party Cookies

In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique "cookie" on your browser.

Cookies

To enhance your experience with our sites, many of our web pages use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.

We use cookies to understand site usage and to improve the content and offerings on our sites. For example, we may use cookies to personalize your experience at our web pages (e.g. to recognize you by name when you return to our site), save your password in password-protected areas, and enable you to use shopping carts on our sites. We also may use cookies to offer you products, programs, or services.

Our Commitment to Security

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

How to Contact Us

If you have any questions or concerns about the PropertiesMagazine.com online policy for this site or its implementation you may contact us at Admin@PropertiesMagazine.com.