Terms of Service - Linecity

Linecity Terms of Service

Effective Date March 20, 2019

Welcome to the Linecity website. We’re glad you’re here. We’re about to enter into an agreement whereby we do our best to provide you with a truly great experience in your search for a new home. But first we ask you to carefully read our Terms of Service (“Terms.”) before continuing to the use of the actual web site. By visiting or using the Linecity website, linecity.com (“Website”), you agree to be bound to the following terms and conditions of use and that such agreement constitutes a binding contract between you, the linecity.com web site, its parent company, Linecity, LLC (“Linecity”) and its affiliate company, On-Line Residential, Inc (“OLR”) . If you do not agree to be bound by and to comply with the Terms please do not continue with your use of the Website..

Linecity.com shall have the right, at its sole discretion, to revise the Terms at any time without notice or liability to you by posting an updated version to the Website. Any changes to the Terms shall be effective immediately following the posting of such changes to the Website. You should return to the Terms of Service page each time you use the Website to review the most current Terms because they remain binding on you, the user. The terms “You” and “User” as used herein refer to all individuals and or entities accessing linecity.com.

PRIVACY POLICY

We recommend that you review our Privacy Policy, which governs the protection and use of any personal information you may provide through the use of the Website. Click here to read our Privacy Policy.

SCOPE OF USE

This Website and its content is solely intended to assist visitors, including but not limited to individual property buyers (including co-operative shares) or renters, property sellers (including co-operative shares) or renters, real estate brokers and agents, landlords, developers, management companies, property appraisers and mortgage brokers in their efforts to market, buy, sell or appraise property. You may not sell, distribute, license, transfer, publish, display, link, transmit, download, store, scrape or enter into the database in bulk or in any way exploit the content. Furthermore, the user acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Linecity, LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to post or store user content, communication or personalization settings.

CONDUCT

As a user of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, renderings, pdf files, video, virtual tours, narration, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Linecity Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Linecity.

Furthermore, you herein agree not to make use of the Linecity Service for the purpose of: a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; b) causing harm to minors in any manner whatsoever; c) impersonating any individual or entity, including, but not limited to, any Linecity executives, employees or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions; j) interfering with or disrupting any Linecity Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; k) intentionally or unintentionally violating any local, state, federal, national or international law and any regulations having the force of law; l) providing informational support or resources, concealing and/or disguising the character, location and Linecity,LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: a) compliance with any legal process; b) enforcement of the Terms; c) responding to any claim that therein contained content is in violation of the rights of any third party; d) responding to requests for customer service; or e) protecting the rights, property or the personal safety of Linecity, LLC, its visitors, users and members, including the general public. Linecity, LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Linecity, LLC or any other content providers supplying content services to Linecity, LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that by using linecity.com to send electronic communications, which would include, but are not limited to, email, searches, nightly alerts, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with the TERMS, you are acknowledging that the use of this Service shall result in interstate transmissions.

CONTRIBUTIONS TO LINECITY.COM

Linecity provides an area for our users and members to contribute feedback to its website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: a) your contributions do not contain any type of confidential or proprietary information; b) Linecity shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; c) Linecity shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; d) the contributor's Contributions shall automatically become the sole property of Linecity; and e) Linecity is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

CONTENT PLACED OR MADE AVAILABLE TO LINECITY

Linecity shall not lay claim to ownership of any content submitted by any user. However, by submitting listing or property information and media to the Website for inclusion on our Website Services, you hereby grant Linecity the worldwide, royalty-free and non-exclusive licenses to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network Services wherever we may deem appropriate. By submitting information to the Website, you hereby acknowledge that you are the owner of said content or have been given the authority to post the content by its rightful owner. You also agree to allow Linecity to use your information on social media platforms for the basis of display and/or promotional advertising. This license shall continue in perpetuity shall you continue to be an active user of the Website or not.

DISCLAIMER

This Website is for informational purposes only and is not intended to provide the basis for decisions involving the sale or rental of co-operative shares in an apartment or in the sale or rental of real property. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or to increase traffic to your own website.

NO WARRANTIES

The materials and information contained within the Website are provided to users on an “as is” and “believed to be accurate” without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement or availability. All information is subject to errors. omissions or change or withdrawal without notice.

Linecity.com does not warrant or make any representations regarding the results obtained by using the Website or as to the reliability, accuracy or content contained within the Website. Although linecity.com will use its best efforts to post reliable and accurate information, we cannot guarantee the reliability or accuracy of the content. It is incumbent upon the user to confirm the validity of any information contained within the Website, including, but not limited to pricing, monthly charges, real estate taxes, building and room dimensions, square footage, room counts, rental concessions and closed sales data. The user bears any and all risks associated with the use of information contained within the Website.

Linecity.com does not warrant that the Website, its servers or e-mails transmitted by the Website is free of viruses or other harmful components. Use of the Website and its content is at the user’s own risk. Linecity.com does not warrant that the functions of the Website will not be uninterrupted or error-free, that defects will be corrected or that the content will be free of viruses or other harmful components.

LIMITATION OF LIABILITY

Under no circumstances shall Linecity.com, Linecity LLC, On-Line Residential, Inc. or any of their partners, affiliates, officers, directors, employees, agents or representatives be liable for any damages, whether direct or indirect, special or consequential damages for lost revenues, lost profits or otherwise, arising from or in connection with this Website or the materials contained herein.

SITE MODIFICATIONS

In order to provide the best user experience, we will continue to evolve the site as we deem necessary. This may include the addition of new services or user options as well as the subtraction of services or user options that you may have previously used on the site. In addition, Linecity shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

PROHIBITED ACTIVITIES

You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy the Web pages, or the content without our prior written permission.

REGISTRATION INFORMATION

When you register on the Website, you will be asked to create an account and provide linecity.com with specific information about yourself including your full name, occupation, industry, personal interests as well as a valid email address. You can edit your account information at any time. Once you register on the Website and sign in to our Services, you are no longer anonymous to us. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Linecity will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of the Website or any portion thereof.

By registering to use the site, you certify that you are at least 18 years of age, agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your person or affiliation. Information you submit will be used in accordance with our company’s Privacy Statement which may be accessed by clicking on the link: Linecity Privacy Policy. The Privacy Policy is incorporated by reference into Terms of Service.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TERMS. It shall be your responsibility to notify Linecity, LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Linecity, LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TERMS.

CONTENT PLACED OR MADE AVAILABLE TO LINECITY

INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless linecity.com, affiliates or any related companies, its officers, directors, employees, affiliates from and against all loses, claims, costs and expenses, damages and costs, including reasonable attorney’s fees, resulting from your violation of these Terms of Service.

TERMINATION

You agree that Linecity may in its sole discretion and at any time suspend, block, or terminate your access to the Website, or any part thereof, with or without notice. The termination of your account with Linecity shall include any and/or all of the following: a) the removal of any access to all or part of the Services offered within Linecity; b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and c) the barring of any further use of all or part of our Services.

LINKED SITES

As a customer service, the Website may offer links to other websites. These links are offered for your convenience and for providing you with additional information to improve your user experience on linecity.com. Neither linecity.com nor Linecity, LLC, assume any responsibility for these sites, their privacy policies or their products and services and provides these links solely for the convenience of our users. If you link to any other sites, you must do so at your own risk and may rely only on their terms and conditions of usage. The inclusion of any link does not imply a recommendation or endorsement by linecity.com or Linecity of the linked site.

TRADEMARK INFORMATION

The site contains certain trademarks, logos, service marks and copyrights owned by Linecity or in some cases third parties. Users are not permitted to use any trademarks, logos or service marks on the site without the written permission of Linecity or a third party, except as otherwise described herein, You may not use, alter or remove any copyright, trademark, logo or service mark in any manner without obtaining prior written consent from Linecity, LLC.

DIGITAL MILLENNIUM COPYRIGHT ACT

Notification of Infringement. It is our company policy to respond to clear notices of alleged copyright infringement that comply with the the Digital Millennium Copyright Act (“DMCA”), Upon receipt of of such notice, we will expeditiously remove the content that which is subject to the notice. Furthermore, we will disable accounts from any user that we may find to be a repeat infringer of copyright law.

If you are a copyright owner or an authorized agent thereof, and believe that any user submission or non-company content has infringed upon your copyrights, you may submit a notification

The DMCA requires that copyright infringement claims must be in writing and incorporate all of following information:

An electronic or physical signature of the copyright owner or a person authorized by the copyright owner to act on the owner’s behalf.
A description of the copyrighted works from which the infringement claim has arisen.
A description of the infringing material and information reasonably sufficient for Linecity to locate the work.
Contact information for Linecity to contact the complaining party including an address, telephone number and if available an electronic mail address.
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.
A statement that the information in the notice is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Linecity will notify the complaining party upon the removal of any alleged infringing material.

DESIGNATED COPYRIGHT AGENT

Notices of any copyright infringement claim can be forwarded to Linecity’s Designated Copyright Agent: Jonathan Greenspan, Linecity, LLC, 25 Broadway, 10th Floor, New York, NY 10004.

LISTINGS QUALITY POLICY

The goal of LineCity and its affiliated companies is to provide the user with accurate, timely and fully transparent real estate information. This has been our model for the last 24 years as we have dutifully served the residential brokerage community in New York City as On-Line Residential, Inc. ( aka OLR) with our Business-to-Business platform.

It is paramount that we maintain the quality of our data to the highest standard. Without this quality control, we will not be able to provide the great user experience to which we subscribe. With this mandate, we ask you, the user, to acknowledge and comply with our Listings Quality Policy. This includes the right of Linecity to reject listings, remove elements of your listings, restrict your use or terminate your ability to login and use the site in any password related capacity, including, but not limited to the entry of listings, closed sales information and searches.

Advertising Listings

LineCity will accept each of the following listing types: Exclusives, Limited, Ours Alone as well Open listings from developers, landlords, and management companies. We will except listings for the following property types, Residential Homes for Sale, Residential Co-ops, Residential Condops, Residential Condos, Residential Rentals, Mixed-use and Income Properties for Sale. In each case the submitting broker or agent must have a written agreement or acknowledgement for an advertised listing. LineCity will not ask for proof for such an agreement unless there is a conflict among agencies (and yes, this does arise). Listings can be submitted with a maximum of four agents. If a listing is submitted and there is a Co-Exclusive among multiple agencies, the name of the co-agency must be submitted with the text of the listing description in the following manner: “This is a co-exclusive with XYZ firm.”

Property Addresses

Linecity will only accept listings with full addresses, which includes the proper street and property number (as listed by the GIS). If we do not already have the address within our database, we will confirm the address with city records. If the address does not match a city record, we will not accept the listing and contact you accordingly. In some cases buildings have been introduced to the market with a combined address in order to best serve the consumer and to avoid confusion. Linecity will address these situations as they arise and display these properties as we deem fit. Do not, in any case, make up an address or intentionally enter a listing with an incorrect address. In both cases, the user will risk suspension of services.

Contact Information

Do not enter your contact information into the broker description. The consumer will clearly see your name and affiliation on your listing page at all times. We are not in the business of selling your listing page to another agent or brokerage firm. So please do not enter your name, email address, phone number or company affiliation anywhere in the broker description. This is a co-broke world and your peers want to share your listing information with their own clients (as you will with their listings), so please adhere to this policy. If we find such contact information in your broker description, we will either remove it or reject the listing.

Non-Conforming Listing Types:

Unfortunately, we do not accept every listing type. By our own definition, Linecity is a residential platform solely built for the promotion of residential listings in the five boroughs of New York City. We do not accept commercial properties for lease. That’s an easy one. We do not accept retail storefronts for lease. We do not accept professional or medical space for sale or for lease. We do not currently accept rooms for rent or roommate share listings.

Listing Feeds

Yes, we accept listing feeds, but they must conform to the Linecity feed specs and include a full data set, which would include photos, broker description and our mandatory feeds as determined by the property type. Click here to download the feed specifications.

Growing Old

Our goal is to provide the consumer with timely and accurate information so we will request that your listings remain current. In or minds, anything more than a few days old can be outdated. The market moves fast. So if you provide a feed, we would like to receive it daily. If you are an individual agent, we would like you to update your listing(s) every three days. Any listing not updated within seven days, will be designated accordingly. If a listing is not updated within 14 days, we reserve the right to remove it from consumer view. While we will not remove Contract Signed listings, we would like these listings to be updated on a weekly basis as well.

Switching Apartment Numbers

Truthfully this is a hornet’s nest. But in our best effort to provide transparent information, we are dead set against the policy of swapping apartment numbers in an attempt to make a listing feel new and fresh. Our goal is to conform to the apartment naming convention provided by the USPS. So when you switch the nomenclature of apartment “2-B” to “B-2,” it is going to raise a red flag. Some we will catch, others maybe not. But this game of three-card monte with apartment numbers will not be tolerated.

Days on Market

Yet another hornet’s nest that needs to be navigated by all parties, the property owner, the exclusive agent and the consumer. It is our belief that the total number of “Days on Market” adds a stigma to many properties and artificially devalues these properties over time. In truth, the market decides value and if a property is priced correctly it will sell or rent in a reasonable time frame. So the Days on Market ticker will not be front and center on the Linecity listing page. Instead it will be reflected in the history records where if need be someone can find it.

Hyperlinks

Hyperlinks are strictly prohibited. We allow users to link back to their company website via a separate url field. We also allow users to link to your property videos, virtual tours or other media through media fields that you may enter through the data entry process. If you insert any hyperlinks within the broker summary, we will either remove the link or remove your listing in its entirety from the platform.

CHILDREN'S PRIVACY

We do not direct the Web Site nor our Services to persons younger than 18 years of age. If you are not yet 18, we request that you do not use the site for any purpose whatsoever. Linecity does not knowingly collect or maintain on the Web Site personally identifiable information from persons under the age of 18. If a parent or guardian becomes aware that their child has provided us with personal information without their consent, they should contact [email protected]. If we become aware that a child under 18 has provided us with personal information, we will delete such information from our servers.

GOVERNING LAW

The Terms of Service shall be governed by the laws of the State of New York without reference to conflict of law principles. You and Linecity, LLC agree to submit to the exclusive jurisdiction of the courts located with the county of New York, New York for the adjudication of any disputes or claims arising out of and/or related to the Terms. The failure of Linecity, LLC to exercise or enforce any provision in the Terms shall not constitute a waiver of such provision. If any provision of the Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be removed from the Terms, which shall remain in full force and effect.

COMPLETE AGREEMENT

The provisions of the Terms constitutes the entire agreement between you and Linecity, LLC and supersedes all understandings, whether oral or written, between you and Linecity, LLC with respect to the Terms.

NOTICES

All notices may be sent to Linecity at 25 Broadway, 10th Floor, New York, NY 10004.