Ownerscope End-User License Agreement
(Terms of Use)
May
23, 2022
1.
Acceptance of this EULA
Thank you for visiting our
website www.Ownerscope.com (“Website”), and/or your interest in using Ownerscope’s virtual campus products and services, provided
by Ownerscope Worldwide, LLC d/b/a Ownerscope (“Ownerscope,” “us”
“we” and “our”). By using our Website you agree to be bound by
this Ownerscope End-User License Agreement (“EULA”). Please read this
EULA carefully.
This EULA constitutes a
binding legal contract between you and Ownerscope and governs your use of all
products and services as may be available through our Website, our mobile
application, and/or in any other forms or media developed and/or provided by or
through Ownerscope (collectively with Our Site, the “Services”).
Your use of the Services and
Products is also subject to the Ownerscope End-User Privacy Policy (“Privacy
Policy”), which covers how we collect, use, share, and store personal information
of users. If you do not agree to or understand this EULA or our Privacy Policy,
or any changes thereto, you are not authorized to use our Services.
Notwithstanding any terms
herein, please note that you may not use the Services to promote, facilitate or
support residential or
commercial brokerage services in the field of real estate, or real estate agent
services (except in conducting real estate business authorized by, and in
support of, one of the real estate companies owned by Ownerscope’s
parent company). Please see Section 16 (Prohibited Use), part p), for
additional details.
2. Age
Requirements
The Services are not
intended for or designed to attract children under the age of thirteen (13). By
using the Services you affirm that you are at least eighteen (18) years of age
or the age of majority in your jurisdiction, or an emancipated minor and are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in this EULA, and to
abide by and comply with this EULA.
3. Grant of
License
Subject to your continuing
compliance with this EULA, Ownerscope hereby grants you a limited,
non-exclusive, non-transferable, non-sublicensable, revocable license to use
the Services.
4. Self-Reflection
Purposes Only
You
acknowledge that Ownerscope’s Services are for
self-reflection purposes and are not a professional assessment of your
personality or your financial status.
The personality results that you receive are only intended to help you
to consider your own attitudes toward owning property and to discuss your views
with other people. Ownerscope makes no
representations or warranties whatsoever regarding the personality results that
you receive, including but not limited to the accuracy, reliability, or
uniqueness of your results.
5. Intellectual
Property Rights
Ownerscope and its licensors
own all right, title, and interest in the Services, including without
limitation all copyright, trademark, trade secret, and patent right, and
reserves all such intellectual property rights. Using our Services does not
give you any ownership in our Services or the content or information made
available through our Services, and you are only permitted to use our Services
for the purposes authorized in this Agreement. Trademarks and logos used in
connection with the Services are the trademarks of their respective owners.
Ownerscope and other Ownerscope trademarks, service marks, graphics, and logos
used for our Services are trademarks or registered trademarks of Ownerscope.
You are prohibited from using Ownerscope’s trademarks
for any purpose, including without limitation to suggest that you or your
Organization are sponsored or endorsed by Ownerscope, without the prior written
consent of Ownerscope.
6. Other
Content, Sites and Apps and Content Removal
Ownerscope.com
may contain links to other websites maintained by third parties. These links
are provided for convenience and reference only. Ownerscope does not operate or
control the information, software, products or services they offer on these
sites. Your use of such third-party content, products, or services shared
through our Services, is at your own risk. Ownerscope generally does not review
and is not responsible for third-party content, products, or services provided
through our Services. You are responsible for deciding if you want to access or
use third-party content, products, and services (including without limitation,
apps or sites that link from our Services, if any). Third-party apps and sites
have their own legal terms and privacy policies, and you may be giving others
permission to use your information in ways we would not. You should carefully
read the legal terms and privacy policies of any sites or apps linked from the
Services before deciding whether to use those sites or apps. You also understand
that Ownerscope does not, and has no obligation to, monitor, pre-screen or
pre-approve, or evaluate the integrity of any third-party content, products, or
services offered through our Services, but that Ownerscope shall nonetheless
have the right, but not the obligation, in its sole discretion, to refuse,
delete or remove any third-party content, products, or services that may be
offered through the Services for any reason, including without limitation a
violation of applicable law or any of this EULA.
7. Data
Storage
We may change or discontinue
any of our Services, subject to this EULA. Ownerscope is not a storage service,
and you agree that we have no obligation to store, maintain or provide you a
copy of any quiz responses that you or others provide through the Services,
except to the extent required by applicable law and as noted in our Privacy
Policy.
8.
Revisions
Ownerscope reserves the
right to revise any of the terms and conditions contained in this EULA and our
Privacy Policy (including our policy on use of cookies) at any time and in our
sole discretion by posting such revisions on our Website. The effective date of
such revisions will be the date specified. It is your responsibility to
regularly review this EULA and the Privacy Policy for any revisions. If you do
not accept such revisions, you must immediately discontinue using Ownerscope’s Services. Your continued use of Ownerscope’s Services following the effective date of such
revisions will signify your acceptance of such revisions. Ownerscope also
reserves the right to patch, modify, update, upgrade, disable, suspend, or
remove portions of the Services at any time, such activities also being collectively
referred to as “revisions.” Such revisions may be implemented by Ownerscope
without prior notice to you, and without obtaining additional consent from you.
You are not guaranteed rights to any such revisions that may be offered or
implemented by Ownerscope, unless otherwise expressly agreed upon in writing
between you and Ownerscope.
9. Notices
Except as otherwise
expressly set forth in this EULA, all notices from Ownerscope to you under the
EULA will be in writing sent by email. All notices from you to Ownerscope shall
be emailed to connect@Ownerscope.com, except
for legal notices, such as notices regarding copyright infringement assertions,
which shall be sent to legal@Ownerscope.com. Notices will be deemed to have
been duly given the day after it is sent.
10.
Prohibited Use
You represent and warrant
that you will not use the Services and/or Products for any of the following
purposes or activities:
a) conducting
or supporting illegal activity of any type whatsoever, or using the Products or
Services in violation of any applicable law or regulation, including without
limitation laws relating to privacy and data security;
b) transmitting
or storing worms or viruses, ransomware, or any malicious code designed to access
information without authorization, steal it, intercept it, or alter it, or for
any other unauthorized or destructive purpose;
c) threatening,
defaming, slandering, libeling, harassing, abusing, impersonating, injuring or
intimidating others;
d) interfering
with others' use of the Services;
e) delivering
spam or collecting information to deliver spam, or sending advertisements;
f) copying,
reselling, reproducing, distributing, leasing, sublicensing, or otherwise
transferring, the Services or access thereto, or any reports or data generated
therefrom;
g) offering to
enable, or enabling any third parties to use the Services;
h) commercially
exploiting, decompiling, disassembling, reverse engineering or otherwise attempting
to discover any source code contained on or in Services;
i) displaying
or publishing the Products or Services, including without limitation on any website
or service, or using the Services to create, develop, produce, or market a
substantially similar product or service;
j) making any
modification, adaptation, improvement, enhancement, translation or derivative work
from the Services;
k) disguising
the origin of any content transmitted through Services or obscuring or misrepresenting
your account identity on the Services;
l) causing the
launch of any automated system(s) that access the Services in a manner that sends
more request messages to servers of the Services in a given period of time than
a human can reasonably produce in the same period by using a conventional
on-line web browser (e.g., Denial-of-Service attack);
m) data
mining, scraping, crawling, redirecting, or compiling data for any purpose
other than one authorized pursuant to this EULA;
n) infringing
or using any proprietary information or interfaces of the Services or other
intellectual property of the Services for any reason not authorized by this EULA;
or
o) attempting
to remove or obscure any proprietary notices on the Services.
p) promoting,
facilitating or supporting residential or commercial brokerage services in the
field of real estate, or real estate agent services (or analogous services, as
may be the case outside of the United States, such as, for example, without
limitation, “estate agent” services that facilitate residential or commercial
property transactions), except for conducting real estate business directly
authorized by, and in support of, one of the real estate companies owned by Ownerscope’s parent company.
11.
Indemnification
You irrevocably agree to
defend, indemnify, and hold harmless Ownerscope, its holding company, and its or their shareholders, officers, directors, members,
managers, employees, independent contractors, licensors, agents, subsidiaries,
and affiliates (collectively, the “Ownerscope Parties”), jointly,
severally, and in any combination, from and against any and all losses,
damages, costs, liabilities, assessments, expenses (including but not limited
to all fees and charges of attorneys and other professionals, and all dispute resolution
costs and litigation costs), and amounts paid in settlement (singularly, a “Loss”
and collectively, “Losses”) by or on behalf of any Ownerscope Parties
incurred in connection with any actual, threatened, pending, or completed
claim, action, suit, mediation, arbitration, alternate dispute resolution
process, investigation, administrative hearing, appeal, audit, or any other
proceeding (collectively, “Claims”) made or brought against any Ownerscope
Parties (including claims by governmental entities seeking to impose penal
and/or civil sanctions) alleging any of the following: (a) your breach of this
EULA; (b) your breach of the Privacy Policy; (c) your violation of applicable
law; (d) that your User Generated Content or your use of the Services or Products,
breaches any of your representations and warranties in this EULA; (e) any
inaccuracy in any of your representations or warranties in this EULA; (f) any
allegations that your User Generated Content violates the proprietary rights of
a third-party; and (g) your use of the Products and Services.
12.
Copyright Infringement Assertions
If you have a "good
faith" belief that third-party content provided on Ownerscope infringes
your intellectual property rights, and you wish for Ownerscope to consider the
alleged infringing content, you should provide the following information to us:
(a) identify, with specificity, your protected work that you reasonably believe
is being infringed upon; (b) identify the content that you reasonably believe
is infringing upon your protected work, including sufficient information to
allow Ownerscope to locate the alleged infringing content; (c) provide your contact
information, including full name, mailing address, telephone number, and email
address; (d) provide a written statement that you have a "good faith"
belief that the use of the content in the manner complained of is not
authorized by the copyright owner, its agent, or the law; (e) provide this
statement: "I swear, under penalty of perjury, that the information in
this notification and complaint is accurate and that I am the copyright owner, or
am authorized to act on behalf of the copyright owner of an exclusive right
that is infringed."; (f) provide your signature on the notification (or an
electronic signature); (g) send your notification to our Designated Agent by
both mail and e-mail to the following addresses:
Ownerscope Worldwide LLC
d/b/a Ownerscope
Attn: Designated Copyright
Agent
9004 161st Street, Suite 308
Queens, NY 11432
Email: legal@ownerscope.com
13.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF
THE SERVICES IS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, OWNERSCOPE (ON BEHALF OF ITSELF AND THE
OWNERSCOPE PARTIES)
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE,
PERFORMANCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, IN CONNECTION WITH THE
PRODUCTS AND SERVICES AND YOUR USE OF THE PRODUCTS AND SERVICES AND OUR SITE. OWNERSCOPE
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENCY, OR
COMPLETENESS OF THE SERVICES, OUR SITE, OR THE CONTENT OF ANY SITES LINKED TO
OUR SITE. THE SERVICES ARE PROVIDED ON AN “AS
IS” “AS AVAILABLE” BASIS. OWNERSCOPE
DOES NOT WARRANT THAT THE SERVICES
WILL BE SECURE,
UNINTERRUPTED, OR ERROR-FREE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE
INTERNET, TRANSMISSIONS TO AND FROM THE SERVICES MAY BE
INTERCEPTED BY THIRD
PARTIES. THE OWNERSCOPE PARTIES DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY
THROUGH THE SERVICES, AND THE OWNERSCOPE PARTIES WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14.
Limitation of Liability
IN NO EVENT SHALL ANY OF THE
OWNERSCOPE PARTIES BE JOINTLY OR SEVERALLY LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY OF THE FOLLOWING: (I) ACT BEYOND OWNERSCOPE’S CONTROL;
(II) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES; (III) LOSSES, PERSONAL
INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF OWNERSCOPE’S SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OWNERSCOPE’S
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (VI) ANY
BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND (VII) ANY
LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING
FROM YOUR USE OF ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES SHARED THROUGH
OUR SERVICES; WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
OWNERSCOPE, OR ANY OTHER
PARTY, IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OWNERSCOPE PARTIES
SHALL NOT BE LIABLE FOR USER GENERATED CONTENT (INCLUDING THE QUALITY, VERACITY,
ACCURACY, AND/OR COMPLETELESS THEREOF), OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
15.
Severability/Waiver/Construction
If a court of competent
jurisdiction determines that any provision of this EULA is invalid or
unenforceable for any reason, that provision shall be severed from this EULA (in
that jurisdiction only) and the remainder of the EULA will continue in full
force and effect. Delay or failure to enforce or insist on strict compliance
with any of the provisions of this EULA will not constitute a waiver of that or
any other provision or otherwise modify this EULA. Ownerscope’s
waiver of any right related to this EULA must be express and in writing in
order to be valid; any waiver by Ownerscope on one occasion will not waive any
other right, constitute a continuing waiver, or waive that right on any other
occasion. You should consult with your attorney before agreeing to the terms of
this EULA. Your agreement to this EULA constitutes your affirmation that you
have consulted with, or have had the opportunity to consult with, your attorney
regarding this EULA. Therefore, no rule of construction or interpretation that
disfavors the drafting party will apply to interpretation of this EULA.
16. General
Provisions
This EULA, the Privacy
Policy, and any additional terms or policies for use of the Services provided
to you in writing by Ownerscope (which terms and policies are hereby
incorporated into this EULA by this reference), constitute the entire agreement
between you and Ownerscope with respect to the subject matter contained herein.
Any action related to this EULA or the Privacy Policy, and any documents
incorporated by reference herein, will be governed by, construed and enforced
in accordance with the substantive and procedural laws of the State of New York
(without regard to its conflict of laws provisions),
and to the extent controlling, to the federal laws of the United States of
America.
By using the Services you
are agreeing to the terms of this EULA, and in doing so, you acknowledge and
agree that any disputes, actions, claims or causes of action arising out of or
in connection with this EULA or the Privacy Policy, and any documents
incorporated by reference herein, shall be subject to the exclusive
jurisdiction of the state and federal courts applicable to Queens County, New
York. Ownerscope reserves the right to initiate litigation in any other
appropriate forum as needed.
This EULA and the Privacy
Policy, and all documents incorporated by reference herein, have been prepared
and are to be interpreted in the English (American) language. To the extent
there is any conflict between the terms of this EULA and our Privacy Policy,
one the one hand, and any additional terms or policies that are incorporated by
reference herein, on the other hand, the terms of this EULA and our Privacy
Policy are controlling. To the extent there is any conflict between the terms
of this EULA and the terms of our Privacy Policy, the terms of our Privacy
Policy are controlling.
17. Ownerscope
Community Policies
Ownerscope strives to foster
a positive, stimulating and safe community for encouraging dialogue about the
important goal of home ownership. We believe that almost all of our users will
naturally contribute to promoting such dialogue, but as a reminder, here are
some guidelines (not intended to be comprehensive) to keep in mind.
(i)
No Bullying and/or Harassment - Ownerscope encourages users to
speak freely on matters and people of public interest, but we strive to take
action on reports of abusive, harassing, threatening, or defamatory behavior directed
at individuals. Repeatedly targeting users with unwanted messages is a form of harassment.
(ii)
Sharing, posting, or transmitting any material or communication
that is designed to provoke, harass, upset, embarrass, or antagonize anyone
(including Ownerscope staff or other users), especially trolling, bullying, or intimidating,
is strictly prohibited within any Service of Ownerscope;
(iii)
Do not impersonate - Ownerscope requests users use their real
names and account identities when using the Services. Users are prohibited from
publishing the personal information of others without their consent. Claiming
to be another person, creating a false presence for an organization or person,
or creating multiple accounts undermines community and violates Ownerscope's EULA.
(iv)
No Hateful Speech - Ownerscope does not permit use of the Services
to disseminate hateful speech or to incite violence of any kind. While we
encourage you to challenge ideas, institutions, events, and practices, Ownerscope
does not permit individuals or groups to use the Services to attack others
based on their race, ethnicity, national origin, religion, sex, gender, sexual
orientation, familial status, disability or medical condition, or other
protected class.
(v)
Graphic Content - Ownerscope can be a place where people turn to
share their experiences and raise awareness about issues important to them.
Sometimes, those experiences and issues involve graphic content that is of public
interest or concern. In many instances, when people share this type of content,
it is to condemn it. However, graphic images shared for sadistic effect or to
celebrate or glorify violence will not be tolerated on our Services.
(vi)
Nudity - Ownerscope has a strict policy against the sharing of
pornographic content and any explicitly sexual content. We also impose
limitations on the display of nudity.
(vii)
Intellectual Property - Before sharing content on Ownerscope,
please be sure you have the right to do so. We ask that you respect copyrights,
trademarks, and other legal rights including, but not limited to, not
conducting copyright infringement, trademark infringement, defamation, invasion
of privacy, identity theft, hacking, stalking, fraud and the distribution of
counterfeit software.
(viii)
Phishing and Spam - We take the safety of our users seriously and
work to prevent attempts to compromise their privacy or security. We also ask
that you respect our other users by not contacting them for commercial purposes
without their consent.