openigloo Terms of Use

August 2, 2020

Eligibility to Use openigloo
• To access or use openigloo, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use openigloo. Except as set forth above, or as otherwise approved by us, openigloo is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use openigloo if we have terminated your account or banned you.
Your openigloo Account
• openigloo Account. In order for you to create a openigloo account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Other registration requirements (such as, a click on a link in a openigloo alert email by unregistered users who create alerts, or a requirement for individuals to contribute no more than 3 tenant reviews of a current or former rental experience per year) may also apply. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by openigloo at any time. When you set up an individual user account on openigloo, we create a member profile (a "Profile") for you that will include personal information you provide. Because your anonymity on openigloo is important, your Profile does not include or link to information about the reviews you submit to openigloo.
• Social Sign Up and Sign In. You may be able to register an account and subsequently access openigloo through a social networking site, such as Facebook ("Social Networking Site"). If you access openigloo through a Social Networking Site you agree that we may access, make available through openigloo, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through openigloo via your account and your Profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access openigloo, personally identifiable information that you post to that Social Networking Site may be displayed on openigloo. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
Using openigloo
• Third-Party Content on openigloo. Content from other users, advertisers, and other third parties is made available to you through openigloo. "Content" means any work of authorship or information, including rent prices, buildings reviews, tenant reviews, building photos, landlord responses, rental ads, landlord profile information, advertisements, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on openigloo. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, rental ads, or the building, landlord and rental-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties. openigloo may make available content hosted by YouTube. By interacting with the YouTube Client and viewing YouTube content, you agree to YouTube's Terms of Service.
  In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on openigloo.
  We allow users to post content about buildings and landlords when they have lived in a building as a full-time, part-time, short-term, or long-term tenant. We also allow users to review the brokerage firms that helped place them in those buildings. We consider all renters in these roles as 'tenants' with regard to Content left on openigloo. It does not violate our Community Guidelines or these Terms for a tenant in any one of these roles to categorize themselves as a tenant.
• House Rules. You represent and warrant that you will use openigloo solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on openigloo ("Your Content"). You agree that by submitting or authorizing Your Content for use on openigloo, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of openigloo violates applicable law or any third-party right.You agree that you will not:
  • Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with a building or landlord;
  • Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same building
  • Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
  • Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
  • Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
  • Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by openigloo);
  • Promote, endorse or further illegal activities;
  • Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former buildings/landlords or potential buildings or landlords;
  • Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
  • Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
  • Solicit personally identifying information from minors;
  • Except as expressly approved by us, and subject to applicable laws, use openigloo for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
  • Imply a openigloo endorsement or partnership of any kind without our express written permission;
  • Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
  • Introduce software or automated agents to openigloo, or access openigloo so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from openigloo without our express written permission;
  • "Frame" or "mirror" or otherwise incorporate part of openigloo into any website, or "deep-link" to any portion of openigloo without our express written permission.
  • Copy, modify or create derivative works of openigloo or any Content (excluding Your Content) without our express written permission);
  • Copy or use the information, Content (excluding Your Content), or data on openigloo in connection with a competitive service, as determined by openigloo;
  • Sell, resell, rent, lease, loan, trade or otherwise monetize access to openigloo or any Content (excluding Your Content) without our express written permission;
  • Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of openigloo;
  • Interfere with, disrupt, or create an undue burden on openigloo or the networks or services connected to openigloo;
  • Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to openigloo; or Attempt to circumvent any security feature of openigloo;
• Links to Third-Party Websites. openigloo may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave openigloo, our terms and policies do not govern your use of third-party websites.
• Rental Estimates. In certain markets we may offer rental estimate features, such as rental value estimates for neighborhoods or buildings. Unless otherwise indicated, we estimate base rents only and do not include the value of other associated rental expenses (i.e. security deposit, utilities, or broker fees). Though we may offer landlords the ability to supplement or replace our rental estimates with their own data, users should understand that, unless indicated otherwise, results do not represent verified rents, guarantees of actual rents, or endorsements from landlords. Their purpose is to provide data to promote transparency and to help people make informed decisions. We do not guarantee the accuracy of results and you are responsible for how you use them. We encourage you to supplement openigloo's rental estimates with other research.
Enforcement by openigloo
• Removal of Content. While openigloo has no obligation to do so, openigloo reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on openigloo (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on openigloo that you believe violates our policies, you may report that Content by contacting us here. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
• Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from openigloo; suspending your rights to use openigloo; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
• Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
Rights to Your Content. We do not claim ownership in any Content that you submit or authorize for use to openigloo, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on openigloo, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to openigloo's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve openigloo and to make Content submitted to or through openigloo available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through openigloo. You should only submit Content to openigloo that you are comfortable sharing with others under the terms and conditions of these Terms.
Rights to openigloo Content. openigloo contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and openigloo owns and retains all property rights in openigloo. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from openigloo solely for your personal use in connection with using openigloo. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on openigloo or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to openigloo.
Indemnity. You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "openigloo Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of openigloo, including due to or arising from your breach of any provision of these Terms.
Disclaimers and Limitation on Liability. The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
Any emails or email notifications corresponding with any activity on openigloo, or any other communications service, product, or feature provided on or through openigloo, are provided solely as a courtesy. openigloo disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of openigloo. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on openigloo, whether caused by users or by any of the equipment or programming associated with or utilized in openigloo. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on openigloo or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with openigloo. Under no circumstances shall we be responsible for any loss or damage resulting from the use of openigloo or from any Content posted on openigloo or transmitted to users, or any interactions between users of openigloo, whether online or offline.
openigloo is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) openigloo will meet your requirements; (2) openigloo will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of openigloo will be accurate or reliable.
You hereby release the openigloo Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
IN NO EVENT SHALL THE OPENIGLOO GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OPENIGLOO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE OPENIGLOO GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OPENIGLOO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
You acknowledge that you are familiar with the provisions of Section 1542 of the New York Civil Code, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the New York Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
Termination. These Terms remain in effect while you use openigloo and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of openigloo, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of openigloo. For the avoidance of doubt, you agree that these Terms apply to your use of openigloo and any Content posted on openigloo at any time prior to the termination or expiration of these Terms.
Changes to Terms. We may revise these Terms from time to time by posting an updated version on openigloo. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of openigloo is subject to the most current effective version of these Terms.
Third-Party Discovery. You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from openigloo. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid New York subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in New York at openigloo, inc., c/o CT Corporation 28 Liberty St, 42nd Floor, New York, NY 10005. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Kings County, New York or the federal courts in the Southern District of New York, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND OPENIGLOO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND OPENIGLOO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
• Governing Law. These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of openigloo, shall be governed by the laws of the State of New York without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the "Agreement to Arbitrate" provision below. For any claim, dispute, or other legal proceeding not subject to the "Agreement to Arbitrate" provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Kings County, New York or the federal courts in the Southern District of New York, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
• Agreement to Arbitrate. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and openigloo each agree that any and all disputes between consumer users of openigloo and openigloo arising under or related in any way to these Terms and such users' use of openigloo must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply. Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the openigloo Group by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the openigloo Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.
  Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to openigloo should be sent to the Litigation Department, openigloo inc., 67 35th Street, New York, NY, 11232. If you have an account on openigloo, notice to you will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If openigloo and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or openigloo may commence formal proceeding.
  Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. The AAA's rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or openigloo shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Brooklyn, New York. For any claim where the total amount of the award sought is $10,000 or less, you and openigloo may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and openigloo subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, you or openigloo may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same openigloo user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  Opt-Out Procedure. IF YOU ARE A NEW OPENIGLOO USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE OPENIGLOO TERMS OF USE FOR THIS FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO OPENIGLOO INC, ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 67 35TH STREET, NEW YORK, NY, 11222.
  You must complete the Opt-Out Notice by providing your name, address (including street address, city, state and zip code), and the email address(es) associated with the openigloo account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
  Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and openigloo. We will notify you of changes to this Arbitration section by posting the changes on openigloo at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30 day period and you will not be bound by the changes.
Other. Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of openigloo and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with openigloo's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to." Please contact us with any questions regarding these Terms by contacting us.

The following Sections 2 and 3 apply if you are a resident of the United States or Canada only: