VIMBY:

TERMS OF SERVICE

Important Notice to Our Users: By entering and using this website, you are agreeing to be bound by all of the Terms of Service set forth below. If you do not wish to be bound, please DO NOT USE THIS SITE and please EXIT THIS SITE immediately.

Welcome to the website of VIMBY, LLC. VIMBY provides you access to www.vimby.com ("VIMBY" or "Site") and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth below ("Terms of Service"). These Terms of Service set forth the terms, conditions, rules and regulations which shall apply to your use of VIMBY. Unless explicitly stated otherwise, any new feature that supplements or enhances VIMBY shall be subject to these Terms of Service. If you do not agree to them, please DO NOT USE THIS SITE. Your continued use of our Site evidences your agreement to be bound by each of the Terms of Service and our Privacy Policy and constitutes a legally binding contract between you and VIMBY. VIMBY respects the privacy concerns of our website users and future viewers. For information concerning the collection and use of information by VIMBY, please refer to our Privacy Policy.

Resgistration

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VIMBY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VIMBY has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

In order to create a MyVimby experience, you must create a username and password to be used to log-in to your personal account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify VIMBY of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. VIMBY will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement.

VIMBY's Intellectual Property Rights and Limited License

All text, graphics, multimedia content or other material that you see or read on this website is owned or being used with permission by VIMBY, and may not be used except as provided in these Terms of Service.

Copyright and Trademarks

This Site is Copyright © 2007 by VIMBY, LLC. All Rights Reserved.

The content of the Site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual recordings, graphics, music and sound. The entire contents of the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, VIMBY owns a copyright in the selection, coordination, arrangement and enhancement of such Materials, the “look and feel” of the Site, and as all content original to VIMBY or acquired by VIMBY from its original owners. Except when ownership of third-party content has been acquired by VIMBY, third-party content providers own the copyright in content that is original to them. "VIMBY", the "VIMBY logo", “YBY,” “Your BackYard” as well as other marks that may appear on the Site and the trade dress of the Site ("Marks"), are the service and trademarks of VIMBY. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners and are used here with permission of the owners or pursuant to the Fair Use Doctrine for purposes of identification, information, criticism, commentary or parody. Without VIMBY's written permission, you agree not to display or use, in any manner, the Marks. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of VIMBY.

Links and Other Sites

This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because VIMBY has no control over such sites and resources, you acknowledge and agree that VIMBY has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by VIMBY of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. VIMBY does not author, edit or monitor these pages or links. You further acknowledge and agree that VIMBY is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.

VIMBY hereby grants you a non-exclusive, limited licensee, revocable at VIMBY's discretion, for you to link to VIMBY's home page from any site you own or control that is not commercially competitive to VIMBY and does not criticize or otherwise injure VIMBY, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by VIMBY. All of VIMBY's rights and remedies are expressly reserved.

Infringement Complaints

VIMBY respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that VIMBY directly makes available on the Site and we ask our users to do the same. VIMBY may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers. If you believe any material on the Site, either posted by VIMBY, our users or any other party, is infringing, please contact info@vimby.com

If your notification involves infringement of copyright or trademark rights, please include the following information in your notice:

  1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
  2. 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;
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
  4. A statement that you have 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;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. Your physical or electronic signature.

Conduct

You agree to not use VIMBY to: (i) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a VIMBY official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights ("Intellectual Property Rights") of any party; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (vii) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; VIMBY and its designees shall have the right to remove any content that violates these Terms of Service or is otherwise objectionable.

User conduct and submissions

You agree that any communication or Submitted Materials you do transmit to us by electronic mail or otherwise will be treated as non-confidential and non-proprietary. VIMBY does not claim ownership of any communication or material you submit or make available for VIMBY and you are entirely responsible for everything you upload, post, email or otherwise make available on the site; provided, however, that by uploading, posting, emailing or otherwise making available any communications or Submitted Material on the Site,  and in consideration of VIMBY's evaluation of your Submitted Materials or any communications, you hereby grant to VIMBY the non-exclusive, royalty-free perpetual right to (i) exhibit, display and otherwise distribute your  Submitted Materials or any communications via VIMBY's website (the "Internet Rights") and (ii) exhibit excerpts of your Submitted Materials via all forms of media throughout the world in perpetuity solely for promotional purposes ("Promotional Rights").  You acknowledge that you shall not be entitled to any monetary compensation in exchange for VIMBY's exercise of the Internet Rights or the Promotional Rights. You also agree that VIMBY may disclose any of same, or any part thereof, to any third party for any reason, including without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, or any law enforcement request, to enforce VIMBY's rights, to analyze or respond to third party claims or generally protect VIMBY and its users. Furthermore, VIMBY is free to use any ideas, concepts, know-how or techniques contained in any communication or Submitted Material you submit to us for any purpose, at any time, and without any remuneration or obligation to you. Any modification of this Submission policy must be in writing and signed by an authorized VIMBY signatory. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to any reversion. VIMBY has no obligations to post or otherwise make use of any Submitted Materials.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF VIMBY IS AT YOUR SOLE RISK. VIMBY IS ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIMBY 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 AND NON-INFRINGEMENT. (ii) VIMBY MAKES NO WARRANTY THAT (a) VIMBY WILL MEET YOUR REQUIREMENTS, (b) VIMBY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VIMBY WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH VIMBY WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VIMBY IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIMBY OR THROUGH OR FROM VIMBY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL VIMBY, ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY "RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITHOUT THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN VIMBY AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.

Indemnity

You irrevocably agree to indemnify and hold VIMBY and the Released Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, arising out of or in connection with, the Submitted Materials you submit, post to or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Service or your violation of any rights of another party.

Equipment

You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto.

Forums

  1. You are welcome to post comments on photos, video, or blogs, transmit or submit messages to message boards (collectively "Messages"), or other public areas within, or in connection with, VIMBY. VIMBY accepts no responsibility whatsoever for claims arising from or relating to such Messages. VIMBY does not endorse and have no control over the content of Messages submitted by others. Messages submitted to message boards are not necessarily reviewed by us prior to posting and do not necessarily reflect our opinions or policies. VIMBY makes no warranties, express or implied, as to the content of Messages or the accuracy and reliability of any Messages and other materials posted by users. Nevertheless, VIMBY reserves the right to prevent you from submitting Materials and to edit, restrict or remove Messages for any reason at any time.
  2. VIMBY assumes no responsibility for actively monitoring comments, blogs, or message boards for inappropriate Messages. If at any time VIMBY chooses, in our sole discretion, to monitor these areas, VIMBY nevertheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages. In submitting Messages to message boards, you agree to strictly limit yourself to discussions about the subject matter for which the message boards are intended. You agree that VIMBY accepts no liability whatsoever if VIMBY prevents your Messages from being submitted or if VIMBY edits, restrict or remove your Messages. You also agree to permit any other user of this Site to access, view, store, or reproduce your Messages for that other user's personal use and not to restrict or inhibit the use of this Site by any other person.
  3. Children under the age of 14 are not authorized to have a MyVimby account, have a username, post comments, messages or participate networking on the site.
  4. You agree that all Messages and Submissions (as defined below) submitted by you become our property without compensation to you and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as VIMBY sees fit in our sole discretion.
  5. You acknowledge and agree that all Messages and Submissions may be routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to such Messages and Submission. You acknowledge that the message boards, blogs, and comments are for public and not private communications. Please keep in mind that whenever you disclose personal information online such information can be collected and used by people you don't know. VIMBY cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
  6. VIMBY also reserves the right to turn over to law enforcement officials all Messages and Submissions, emails, or other postings by you that are in violation of these Terms of Service or applicable law. VIMBY also reserves the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using this Site in violation of the law.

Submissions

  1. VIMBY does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to VIMBY. After posting your Content to VIMBY, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through VIMBY, you hereby grant to VIMBY a license to use, modify, edit, compile, publicly perform, publicly display, reproduce, and distribute such Content in any manner throughout the world .
  2. You represent and warrant that: (i) you own the Content posted by you on or through VIMBY or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through VIMBY does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through VIMBY.
  3. VIMBY contains Content of users and other VIMBY licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through VIMBY.
  4. VIMBY may delete any Content that in the sole judgment of VIMBY violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. VIMBY assumes no responsibility for monitoring VIMBY for inappropriate Content or conduct. If at any time VIMBY chooses, in its sole discretion, to monitor VIMBY, VIMBY nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  5. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through VIMBY. VIMBY reserves the right to investigate and take appropriate legal action against anyone who, in VIMBY's sole discretion, violates this provision, including without limitation, removing the offending communication from VIMBY and terminating the membership of such violators. prohibited Content includes, but is not limited to Content that, in the sole discretion of VIMBY:
    • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • exploits people in a sexual or violent manner;
    • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    • solicits personal information from anyone under 18;
    • provides any telephone numbers, street addresses, last names, URLs or email addresses;
    • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    • includes a photograph of another person that you have posted without that person's consent; or
    • for user profiles, uses of sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
  6. The following is a partial list of the kind of activity that is illegal or prohibited on VIMBY and through your use of VIMBY. VIMBY reserves the right to investigate and take appropriate legal action against anyone who, in VIMBY's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    • advertising to, or solicitation of, any user to buy or sell any products or services through VIMBY. You may not transmit any chain letters or junk email to other users. It is also a violation of these rules to use any information obtained from VIMBY in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, VIMBY reserves the right to restrict the number of emails which a user may send to other user in any 24-hour period to a number which VIMBY deems appropriate in its sole discretion. If you breach this agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through VIMBY, you acknowledge that you will have caused substantial harm to VIMBY, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay VIMBY $100 for each such unsolicited email or other unsolicited communication you send through VIMBY;
    • covering or obscuring the banner advertisements on your personal profile page, or any VIMBY page via HTML/CSS or any other means;
    • any automated use of the system, such as using scripts to add friends or send comments or messages;
    • interfering with, disrupting, or creating an undue burden on VIMBY or the networks or services connected to VIMBY;
    • attempting to impersonate another user or person;
    • using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
    • selling or otherwise transferring your profile;
    • using any information obtained from VIMBY in order to harass, abuse, or harm another person;
    • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through VIMBY on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
    • using VIMBY in a manner inconsistent with any and all applicable laws and regulations.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Choice of law and forum selection

These Terms of Service and the relationship between you and VIMBY shall be governed by, construed and enforced in accordance with the laws of the State of California and the USA, as it is applied to agreements entered into and to be performed entirely within California and without regard to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by VIMBY, you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in the county of San Francisco, California. You and VIMBY agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the county of San Francisco, California. You irrevocably agree that any and all disputes, claims and causes of action you may have in connection with or related to VIMBY or their site will be resolved individually, without resort to any form of class action.

Severability.

If any provision of these Terms of Service or the Privacy Policy are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force; the parties agree that the court should endeavor to give the fullest possible effect to the parties' intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions.

Waiver

Any delay or failure on the part of VIMBY to exercise or enforce any rights under these Terms of Service to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.

Statute of Limitations

You 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 Site or these Terms of Service must be filed in a court of applicable jurisdiction within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement; Modification and Termination

VIMBY reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information or content available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. You agree that VIMBY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. VIMBY may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if VIMBY believes that you: (1) have breached these Terms of Service or otherwise acted inappropriately; (2) infringed the intellectual property right of a third party; (3) provided any information that VIMBY is unable to verify or authenticate; (4) uploaded or transmitted unauthorized Submitted Materials to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Site may be effected without prior notice to you.

VIMBY reserves the right to change or modify these Terms of Service at any time. These Terms of Service shall not be modified except in writing, as posted on this Site by VIMBY. Any change or modification made by VIMBY will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by VIMBY. You should therefore periodically visit this page to review the most recent Terms of Service.

Effective Date
Last Revised: October 10, 2007