May 17, 2010
Welcome to miniListings, the www.minilistings.com website, and all associated sub-domains (the “Sites”)(we refer to the Sites and the services provided through the Sites, collectively, as the “Services”). These Terms of Use set forth an agreement between you and the owner of the Services, Aumnia, Inc. (“us”, “we”, “our”, and “Aumnia”), governing your use of the Services.
Acceptance of Terms
By using any of the Services, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all the Terms, please do not use the Services. We reserve the right to modify or update these Terms at any time without providing notice. Any modifications or revisions to the Terms shall be effective upon being posted on the Sites. Your use of the Services following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Services.
Proprietary Rights
The Services and its contents, including, but not limited to text, photographs, graphics, illustrations, video, sound, and other material are protected under United States and international copyright laws and are the property of Aumnia or its third party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on the Services are service marks, trademarks, and/or trade dress (collectively, “Marks”) of Aumnia or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting The Services and it contents or any Marks in any form without the express written consent of Aumnia is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
The Services are intended solely for the personal, noncommercial use by the users of our Services. You may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual elements provided on the Services, (ii) frame or utilize framing techniques to enclose any content, materials or individual element provided on the Services or create a link to the Services accessing such content, materials or element without Aumnia’s prior written consent, (iii) use any circumvention tools or any metatags or other hidden text utilizing Aumnia’s name, trademark, URL or the name of any of the Services without Aumnia’s prior written consent, or (iv) disassemble, decompile or reverse engineer any of the materials or underlying software made available on, or through use of the, Services.
Use of the Services
You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Services. You understand that all data, information, text, images, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, on the Sites or through the use of any of the Services, are the sole responsibility of the person posting or transmitting such Content. You acknowledge that we may or may not pre-screen Content, and that we and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Content that is available via the Sites or through the use of the Services. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Your Comments
We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, “Comments”). You must not transmit any Comments to or through the Services that you consider to be confidential or proprietary. Any Comments that you transmit to or through the Services will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. You grant us and our affiliates a perpetual, irrevocable worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights. You further agree that we have the right to use, without any payment or accounting to you or others, any Comments that you (and those who act on your behalf) transmit to or through the Services.
Real Estate Data
The Services provide access to listings and local real estate content (“Information”), including data provided by real estate brokers where IDX data is displayed. Information is deemed reliable but is not guaranteed. The listing broker has attempted to offer accurate data, but you are strongly advised to confirm all items. We assume no liability for the accuracy or completeness of any Multiple Listing Service (“MLS”) data, or other information presented by any broker or agent.
By accessing Information via the Services, you agree that (i) access to Information through the Services is subject to all MLS, State and Federal regulations governing real estate transactions, (ii) you have bona fide interest in the purchase, sale, or lease of real estate of the type being access through the Services, (iii) you will not copy, redistribute, or retransmit any of the data or information provided by Aumnia, and (iv) you acknowledge the MLS’s ownership and validity of the copyright in the MLS database.
Mobile Usage
The Services may be accessed via mobile devices. You may incur charges to your mobile phone account, including standard text messaging or data rate plans, in connection with your use of the Services and agree that you are solely responsible for such charges. We are not responsible for any third party charges arising from your use of the Services.
Privacy
All information about you including any information stored or transmitted in any way on the Sites or through the use of the Services is subject to our Privacy Policy (http://www.minilistings.com/privacy-policy/).
Links
The Sites contain links to other Internet websites and resources. We provide the links as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by us of such websites or any content contained therein. You acknowledge and agree that we are not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources.
Indemnification
You agree to defend, indemnify and hold Aumnia and its licensors and marketing partners, together with their respective employees, agents, directors, officers and shareholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs) arising out of (i) you use of misuse of the Sites or any of the Services, (ii) your breach or alleged breach of these Terms, or (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Sites or any of the Services.
Disclaimers
The Services are provided on an “as is” and “as available” basis without any warranty or condition, express or implied, to the full extent permissible under applicable law. Aumnia specifically disclaims all implied warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement. Further, no warranties shall be implied by any course of dealing or course of performance.
Aumnia does not warrant that the Services or their contents will be complete, accurate, uninterrupted, secure, or error free or that the Services or the server that makes them available are free of viruses or other harmful components. All information on the Services is subject to change without notice.
Limitation of Liability
In no event shall Aumnia and its licensors, together with their respective employees, agents, directors, officers and shareholders, be liable with respect to any subject matter for these Terms, whether based on contract, tort, strict liability or other theory, for (i) any lost or corrupted data, lost profits, loss or damage to any computer, mobile phone or mobile device, or any special, incidental, indirect or consequential damages, even if Aumnia has been advised of the possibility of such damages, or (ii) the cost of procuring substitute goods, services or technology, to the full extent permissible under applicable law. Aumnia’s aggregate liability to you or any third party in any circumstance shall not exceed one hundred dollars ($100).
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Miscellaneous
These Terms, and any other agreement regarding the Sites between you and Aumnia, constitute the entire agreement between you and Aumnia with respect to your access and use of the Sites and supersede all prior and contemporaneous agreements between you and Aumnia. If any of these Terms is found by a court of competent jurisdiction to be invalid and unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Aumnia’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms shall be the laws of the State of California, and applicable federal law, without any regard to any conflicts of law provisions.
If you have any questions about these Terms or your rights or Aumnia’s obligations relating to and of the Sites, please e-mail us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it
, or you may contact us by mail at:
Aumnia, Inc.
PO Box 2961
Camarillo, CA 93011
(949) 242-3646
California Residents
If you are unable to resolve a complaint you may have regarding the Sites, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California, 95834, or by telephone at (800) 952-5210.