Terms of Service.
These are the CityBlast.com terms of service. The rules of the site are designed for the benefit of all members. In case of uncertainty, all members are provided these simple guidelines to help with successful and profitable operation of CityBlast for all. Any published Blast that is in violation of the Terms of Service may be adjusted by CityBlast editors without notice, in an effort to adhere to the spirit of the Terms of Service. For member convenience, resultant conforming Blasts will be scheduled for publication as intended, without further notice.
By using the CityBlast.com website ("Service"), a service of CityBlast Media, Inc. ("CityBlast"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
CityBlast reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time here.
Violation of any of the terms below may result in the termination of your Account without refund. While CityBlast prohibits such conduct and Content on the Service, you understand and agree that CityBlast cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Please observe the following rules when Blasting:
(1) Any licensed agent publishing a Blast with CityBlast Media, Inc acknowledges that they have read and understood the Terms of Service, and that they agree to them.
(2) Any licensed agent publishing a Blast warrants that the Blast will conform to their territory's Code of Ethics, Rules of Advertising, local advertising laws or similar, and that responsibility to conform to the Rules and Obligations of their licensing bodies and local government shall be theirs, and not that of CityBlast Media, Inc. By publishing, all licensed agents confirm that they are authorized to advertise the subject listing. Further, any person publishing with CityBlast Media, Inc and CityBlast.com indemnifies and holds harmless CityBlast Media, Inc against any and all claims arising from the use or misuse of the publishing service.
(3) All Blasts must represent currently available real estate listings for sale within the trade area of the selected CityBlast market, and the agent publishing the Blast must have the written consent of the property owner to market the property for sale. Most often, this will be in the form of a Listing Agreement. By Blasting, the agent warrants that they have obtained permission to market the property. Properties available for lease that are not also available for sale may not be published via the CityBlast service.
(4) A Blast can not contain any of the following:
- profanity or abusive language
- inaccurate or false information
- spelling errors
- information soliciting an agency agreement with the Blasting agent directly, including all forms of contact information
- links to any website
(5) All Blasts must contain:
- an address and MLS number for the property
- the name and address of the listing brokerage (to meet compliance)
(6) By publishing a Blast through CityBlast.com, the person composing and publishing the Blast warrants that a cooperating commission is being offered to the Cooperating Brokerage, and that the minimum commission being offered is 2% of the purchase price of the subject property.
(7) Any person Blasting on CityBlast.com warrants that they are of the legal age to form a binding agreement in their jurisdiction, and that they have the legal capacity to enter into an agreement.
(8) CityBlast.com does not control the content of your Blast, except for in reference to any edits based on the above content requirements, in which case CityBlast endeavours only to minimally edit violating content so as to create a conforming Blast. Any person Blasting on CityBlast.com takes responsibility to meet these requirements, and any and all content published by CityBlast Media, Inc is deemed to be the original content of the Blasting individual and not that of CityBlast Media, Inc.
(9) Members may only Blast their own listings. No member may Blast the listing of another agent under any circumstances. If any member is found Blasting listings that are not theirs, service may be suspended or discontinued.
(1) You must be 13 years or older to use this Service.
(2) You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
(3) You must have a valid Facebook login and email registered with the service at all times.
(4) Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
(5) You are responsible for maintaining the security of your account and password. CityBlast cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
(6) You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
(7) You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
(1) A valid credit card is required for your account, and will be logged in advance of your 14-day Free Trial.
(2) If you initially sign up for an account, and you don't cancel that account within 14 days, you will be billed monthly starting on the 14th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 14th day, you will not be charged.
(3) The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
(4) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Cancellation and Termination
(1) You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the link available in your CityBlast.com Settings.
(2) All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
(3) If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
(4) CityBlast, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other CityBlast service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. CityBlast reserves the right to refuse service to anyone for any reason at any time.
(5) If you cancel your account and then choose to re-register, you will not be given preferential access to CityBlast.com in your territory, and may have to join a waiting list if your territory is at its maximum limit of available memberships.
Modifications to the Service and Prices
(1) CityBlast reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
(2) Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the CityBlast.com website or the Service itself.
(3) CityBlast shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
(1) All content posted on the Service is must comply with U.S. Or Canadian copyright law, depending on jurisdiction.
(2) We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
(3) CityBlast does not pre-screen Content, but CityBlast and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
(4) The look and feel of the Service is copyright ©2011 CityBlast.com Media, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from CityBlast.
(1) Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
(2) Technical support is only provided to paying account holders and is only available via email.
(3) You understand that CityBlast uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
(4) You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, CityBlast, or any other CityBlast service.
(5) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CityBlast.
(6) We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
(7) Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CityBlast customer, employee, member, or officer will result in immediate account termination.
(8) You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
(9) You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
(10) You must not transmit any worms or viruses or any code of a destructive nature.
(11) CityBlast does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
(12) You expressly understand and agree that CityBlast shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CityBlast has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
(13) The failure of CityBlast to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CityBlast and govern your use of the Service, superceding any prior agreements between you and CityBlast (including, but not limited to, any prior versions of the Terms of Service).
(14) Questions about the Terms of Service should be sent to our technical support staff.
Note: All Terms of Service are subject to change without advanced notice, and any changes will be posted here. Please check back before Blasting if you're concerned that your Blast may not conform to the Terms of Service.