Please familiarize yourself with OpenOfficeSpace's Listing Policy (the "Listing Policy" or "Listing Policies") prior to entering a property listing on the OpenOfficeSpace website. All listings are subject to the Listing Policies as defined below.
Acceptance of Terms
OpenOfficeSpace provides a collection of online resources and services, including classified ads, forums, video, electronic feeds of all types, and various email services, (hereafter referred to as "the Service") subject to both the following Listing Policies and the Terms and Conditions (hereinafter the "Terms of Use" or "TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular OpenOfficeSpace services, you agree to abide by any applicable posted guidelines for all OpenOfficeSpace services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with OpenOfficeSpace in any way, your only recourse is to immediately discontinue use of OpenOfficeSpace. OpenOfficeSpace has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
Modifications of this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
Content
You understand that all listings, postings, messages, text, files, images, photos, video, feeds, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that OpenOfficeSpace does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the OpenOfficeSpace site and Content available through the Service may contain links to other websites, which are completely independent of OpenOfficeSpace. OpenOfficeSpace makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will OpenOfficeSpace be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that OpenOfficeSpace does not pre-screen or approve Content, but that OpenOfficeSpace shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
Third Party Content Content, Sites and Services
The OpenOfficeSpace site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of OpenOfficeSpace, including web sites, directories, servers, networks, systems, information and databases, applications, software, feeds, video, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that OpenOfficeSpace shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that OpenOfficeSpace is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release OpenOfficeSpace, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify OpenOfficeSpace's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), Open Office Space, 220 Crossways Park West, Woodbury, NY 11797. Please provide our Agent with the following Notice: a) Identify the material on the OpenOfficeSpace site that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. OpenOfficeSpace will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Privacy and Information Disclosure
OpenOfficeSpace has established a Privacy Policy to explain to users how their information is collected and used, which is located at the bottom of the following web address: http://www.OpenOfficeSpace.com. Your use of the OpenOfficeSpace website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that OpenOfficeSpace may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of OpenOfficeSpace, its users or the general public.
Conduct
You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. g) that impersonates any person or entity, including, but not limited to, a OpenOfficeSpace employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); h) that includes personal or identifying information about another person without that person's explicit consent; i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the OpenOfficeSpace sites which are not designated for such purposes; or emailed to OpenOfficeSpace users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. m) that includes links to commercial services or web sites, except as allowed in "services"; n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; s) "stalk" or otherwise harass anyone; t) collect personal data about other users for commercial or unlawful purposes; u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by OpenOfficeSpace; v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area; x) attempt to gain unauthorized access to OpenOfficeSpace's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the OpenOfficeSpace website; or y) use any form of automated device or computer program that enables the submission of postings on OpenOfficeSpace without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. z) use any form of automated device or computer program ("flagging tool") that enables the use of OpenOfficeSpace's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
Posting Agents
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on OpenOfficeSpace's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from OpenOfficeSpace. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from OpenOfficeSpace.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to OpenOfficeSpace email addresses or through OpenOfficeSpace computer systems, is expressly prohibited by this Listing Policy and the Terms and Conditions and is a violation of certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et. seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Paid Postings
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
Limitations on Service
You acknowledge that OpenOfficeSpace may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that OpenOfficeSpace has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that OpenOfficeSpace reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that OpenOfficeSpace shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Listing Review
All listings entered on OpenOfficeSpace may be subject to review by OpenOfficeSpace company personnel ("Listing Review") prior to becoming available for full viewing online. OpenOfficeSpace reserves the right, but not the obligation, to review any listing entered by Customer on OpenOfficeSpace. Although Customer's listings may be subject to Listing Review, Customer remains solely responsible for abiding by the Listing Policies and OpenOfficeSpace's Terms and Conditions. The Listing Policies prohibit Customer from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates OpenOfficeSpace's Terms and Conditions. By entering listings on OpenOfficeSpace, Customer warrants and represents that Customer owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit such content. Customer acknowledges that OpenOfficeSpace cannot police or control all of the content provided by Customer(s) that is made available on OpenOfficeSpace.
Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on OpenOfficeSpace until the issue in question has been addressed. When conducting Listing Review, new listings added to OpenOfficeSpace are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information), Listing Review will send an email message to the Customer about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. After the Customer receives notice from Listing Review, the Customer will be given a reasonable amount of time (routinely, 48 hours) to respond. It is then the sole responsibility of the Customer to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the site. However, if the Customer fails to respond to the communication from Listing Review, OpenOfficeSpace in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service.
Required Fields
All fields noted by an asterisk (*) on the add property page are required fields and must be completed with valid data pertaining to the property being listed ("Required Fields"). Property listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields.
Address Fields
All Address fields on OpenOfficeSpace including Address, City, State and Zip Code are Required Fields. These fields are intended for listing the physical address or intersection of the property being listed. These fields are not for the listing of additional information about the property. Entering "Confidential", "Call Broker", "Withheld", or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address or City Name fields is strictly prohibited. OpenOfficeSpace reserves the right to remove any and all property listings with non-address related or invalid information in any address specific field with or without contacting the listing broker.
Property Description
Property descriptions are for the description of the property that is for sale or for lease only. The posting of contact name, phone number, fax number, company information or URL links for any contacts including those who are not OpenOfficeSpace members is strictly prohibited in this section. This type of information in the Property Description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in OpenOfficeSpace's removal of all of such Customer's active listings on the Service until all such content has been appropriately rectified.
Property Type
Properties must be identified with the appropriate property type. Adding the same listings under multiple property types is prohibited. OpenOfficeSpace allows each listing to associate with up to three (3) property subtypes in order to improve exposure for the listing during searches. OpenOfficeSpace reserves the right to change or remove property types deemed to be misleading.
Pricing
A valid rental rate for each space is required for all OpenOfficeSpace Lease Listings. OpenOfficeSpace reserves the right to remove all listings that are deemed to have invalid rental rates including any listing with $0 listed in Lease Rate value field.
Listing Parameters
In order to maximize the features of the OpenOfficeSpace service, Customers should note certain parameters in the listing process.
Commercial Property
OpenOfficeSpace is a web site for commercial real estate. Listing of single-family and multi-family non-commercial residences is prohibited on the OpenOfficeSpace website.
Property Listings
OpenOfficeSpace prohibits the listing of a single property more than once on the web site at the same time. A duplicate is defined as the same physical property listed under more than one property ID. OpenOfficeSpace reserves the right to remove any and all properties that are determined to be duplicates with or without contacting the listing broker. Customers may, however, list a property for sale and for lease at the same time.
Space Listings
OpenOfficeSpace prohibits the listing of the same space more than once on the web site at the same time. A space listing is defined as a single suite or unit of space listed for lease. OpenOfficeSpace provides minimum divisible/maximum contiguous options for divisible space and up to three (3) subcategories for space type under space detail. Total space available in a building cannot exceed the total square footage of the building. OpenOfficeSpace reserves the right to combine duplicate space listings into a single listing or to remove the listing from the system with or without contacting the listing broker.
Listing Quantity, Submission, and Display
Members may list an unlimited number of listings on OpenOfficeSpace.com. Premium Professional Membership provides Premium exposure for the number of listings paid for in the Premium Listing Plan. Premium Members must list all Premium listings in accordance with OpenOfficeSpace's Terms and Conditions. Basic Listings submitted to OpenOfficeSpace will only be available to Premium Members and Premium Searcher Members searching for property on OpenOfficeSpace and will not be fully displayed in search results for other Basic Members to view.
Use of Photographs
Building photographs posted, attached, or affixed to listings must be actual photographs of the building being listed. All such photographs must be either (a) the property of the listing broker or (b) the listing broker must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the Customer's website or on OpenOfficeSpace's website for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the building or property being listed, including brokerage company logos, may be removed at the discretion of OpenOfficeSpace.
"Billboard" Listings
Listings on OpenOfficeSpace are for properties that are currently offered for Lease. It is not permitted to post listings on the Service that have already been leased, sublet or are no longer on the market, i.e. posting listings on the Service for marketing or advertising purposes ("Billboard Listings"). All listings for properties already sold or off-market will be removed.
Keyword Manipulation
OpenOfficeSpace offers the ability to search for properties on key words. This is designed to enable searchers to narrow their criteria based on specific requirements. Keyword manipulation is unfair to searchers by returning listings that clearly do not meet their criteria. Keywords identified in the property name, property description, location description or property highlights field that are clearly not relevant to the property being marketed will be removed by Listing Review. Habitual abuse of this policy by a Customer may, at the sole discretion of OpenOfficeSpace, lead to the removal of all of that Customer's active listings from the web site and suspension of that Customer's ability to list properties on the Service.
Offensive Language
See Conduct section above. Use of profanity or vulgar language in any section of the OpenOfficeSpace database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Service immediately. Customers posting such language to the OpenOfficeSpace web site may be subject to disciplinary action, including indefinite suspension of a Customer's account, temporary suspension or a formal warning.
Last updated: April 2, 2010
Acceptance of Terms
OpenOfficeSpace provides a collection of online resources and services, including classified ads, forums, video, electronic feeds of all types, and various email services, (hereafter referred to as "the Service") subject to both the following Listing Policies and the Terms and Conditions (hereinafter the "Terms of Use" or "TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular OpenOfficeSpace services, you agree to abide by any applicable posted guidelines for all OpenOfficeSpace services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with OpenOfficeSpace in any way, your only recourse is to immediately discontinue use of OpenOfficeSpace. OpenOfficeSpace has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
Modifications of this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
Content
You understand that all listings, postings, messages, text, files, images, photos, video, feeds, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that OpenOfficeSpace does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the OpenOfficeSpace site and Content available through the Service may contain links to other websites, which are completely independent of OpenOfficeSpace. OpenOfficeSpace makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will OpenOfficeSpace be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that OpenOfficeSpace does not pre-screen or approve Content, but that OpenOfficeSpace shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
Third Party Content Content, Sites and Services
The OpenOfficeSpace site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of OpenOfficeSpace, including web sites, directories, servers, networks, systems, information and databases, applications, software, feeds, video, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that OpenOfficeSpace shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that OpenOfficeSpace is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release OpenOfficeSpace, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify OpenOfficeSpace's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), Open Office Space, 220 Crossways Park West, Woodbury, NY 11797. Please provide our Agent with the following Notice: a) Identify the material on the OpenOfficeSpace site that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. OpenOfficeSpace will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Privacy and Information Disclosure
OpenOfficeSpace has established a Privacy Policy to explain to users how their information is collected and used, which is located at the bottom of the following web address: http://www.OpenOfficeSpace.com. Your use of the OpenOfficeSpace website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that OpenOfficeSpace may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of OpenOfficeSpace, its users or the general public.
Conduct
You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. g) that impersonates any person or entity, including, but not limited to, a OpenOfficeSpace employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); h) that includes personal or identifying information about another person without that person's explicit consent; i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the OpenOfficeSpace sites which are not designated for such purposes; or emailed to OpenOfficeSpace users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. m) that includes links to commercial services or web sites, except as allowed in "services"; n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; s) "stalk" or otherwise harass anyone; t) collect personal data about other users for commercial or unlawful purposes; u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by OpenOfficeSpace; v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area; x) attempt to gain unauthorized access to OpenOfficeSpace's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the OpenOfficeSpace website; or y) use any form of automated device or computer program that enables the submission of postings on OpenOfficeSpace without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. z) use any form of automated device or computer program ("flagging tool") that enables the use of OpenOfficeSpace's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
Posting Agents
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on OpenOfficeSpace's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from OpenOfficeSpace. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from OpenOfficeSpace.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to OpenOfficeSpace email addresses or through OpenOfficeSpace computer systems, is expressly prohibited by this Listing Policy and the Terms and Conditions and is a violation of certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et. seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Paid Postings
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
Limitations on Service
You acknowledge that OpenOfficeSpace may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that OpenOfficeSpace has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that OpenOfficeSpace reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that OpenOfficeSpace shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Listing Review
All listings entered on OpenOfficeSpace may be subject to review by OpenOfficeSpace company personnel ("Listing Review") prior to becoming available for full viewing online. OpenOfficeSpace reserves the right, but not the obligation, to review any listing entered by Customer on OpenOfficeSpace. Although Customer's listings may be subject to Listing Review, Customer remains solely responsible for abiding by the Listing Policies and OpenOfficeSpace's Terms and Conditions. The Listing Policies prohibit Customer from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates OpenOfficeSpace's Terms and Conditions. By entering listings on OpenOfficeSpace, Customer warrants and represents that Customer owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit such content. Customer acknowledges that OpenOfficeSpace cannot police or control all of the content provided by Customer(s) that is made available on OpenOfficeSpace.
Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on OpenOfficeSpace until the issue in question has been addressed. When conducting Listing Review, new listings added to OpenOfficeSpace are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information), Listing Review will send an email message to the Customer about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. After the Customer receives notice from Listing Review, the Customer will be given a reasonable amount of time (routinely, 48 hours) to respond. It is then the sole responsibility of the Customer to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the site. However, if the Customer fails to respond to the communication from Listing Review, OpenOfficeSpace in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service.
Required Fields
All fields noted by an asterisk (*) on the add property page are required fields and must be completed with valid data pertaining to the property being listed ("Required Fields"). Property listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields.
Address Fields
All Address fields on OpenOfficeSpace including Address, City, State and Zip Code are Required Fields. These fields are intended for listing the physical address or intersection of the property being listed. These fields are not for the listing of additional information about the property. Entering "Confidential", "Call Broker", "Withheld", or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address or City Name fields is strictly prohibited. OpenOfficeSpace reserves the right to remove any and all property listings with non-address related or invalid information in any address specific field with or without contacting the listing broker.
Property Description
Property descriptions are for the description of the property that is for sale or for lease only. The posting of contact name, phone number, fax number, company information or URL links for any contacts including those who are not OpenOfficeSpace members is strictly prohibited in this section. This type of information in the Property Description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in OpenOfficeSpace's removal of all of such Customer's active listings on the Service until all such content has been appropriately rectified.
Property Type
Properties must be identified with the appropriate property type. Adding the same listings under multiple property types is prohibited. OpenOfficeSpace allows each listing to associate with up to three (3) property subtypes in order to improve exposure for the listing during searches. OpenOfficeSpace reserves the right to change or remove property types deemed to be misleading.
Pricing
A valid rental rate for each space is required for all OpenOfficeSpace Lease Listings. OpenOfficeSpace reserves the right to remove all listings that are deemed to have invalid rental rates including any listing with $0 listed in Lease Rate value field.
Listing Parameters
In order to maximize the features of the OpenOfficeSpace service, Customers should note certain parameters in the listing process.
Commercial Property
OpenOfficeSpace is a web site for commercial real estate. Listing of single-family and multi-family non-commercial residences is prohibited on the OpenOfficeSpace website.
Property Listings
OpenOfficeSpace prohibits the listing of a single property more than once on the web site at the same time. A duplicate is defined as the same physical property listed under more than one property ID. OpenOfficeSpace reserves the right to remove any and all properties that are determined to be duplicates with or without contacting the listing broker. Customers may, however, list a property for sale and for lease at the same time.
Space Listings
OpenOfficeSpace prohibits the listing of the same space more than once on the web site at the same time. A space listing is defined as a single suite or unit of space listed for lease. OpenOfficeSpace provides minimum divisible/maximum contiguous options for divisible space and up to three (3) subcategories for space type under space detail. Total space available in a building cannot exceed the total square footage of the building. OpenOfficeSpace reserves the right to combine duplicate space listings into a single listing or to remove the listing from the system with or without contacting the listing broker.
Listing Quantity, Submission, and Display
Members may list an unlimited number of listings on OpenOfficeSpace.com. Premium Professional Membership provides Premium exposure for the number of listings paid for in the Premium Listing Plan. Premium Members must list all Premium listings in accordance with OpenOfficeSpace's Terms and Conditions. Basic Listings submitted to OpenOfficeSpace will only be available to Premium Members and Premium Searcher Members searching for property on OpenOfficeSpace and will not be fully displayed in search results for other Basic Members to view.
Use of Photographs
Building photographs posted, attached, or affixed to listings must be actual photographs of the building being listed. All such photographs must be either (a) the property of the listing broker or (b) the listing broker must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the Customer's website or on OpenOfficeSpace's website for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the building or property being listed, including brokerage company logos, may be removed at the discretion of OpenOfficeSpace.
"Billboard" Listings
Listings on OpenOfficeSpace are for properties that are currently offered for Lease. It is not permitted to post listings on the Service that have already been leased, sublet or are no longer on the market, i.e. posting listings on the Service for marketing or advertising purposes ("Billboard Listings"). All listings for properties already sold or off-market will be removed.
Keyword Manipulation
OpenOfficeSpace offers the ability to search for properties on key words. This is designed to enable searchers to narrow their criteria based on specific requirements. Keyword manipulation is unfair to searchers by returning listings that clearly do not meet their criteria. Keywords identified in the property name, property description, location description or property highlights field that are clearly not relevant to the property being marketed will be removed by Listing Review. Habitual abuse of this policy by a Customer may, at the sole discretion of OpenOfficeSpace, lead to the removal of all of that Customer's active listings from the web site and suspension of that Customer's ability to list properties on the Service.
Offensive Language
See Conduct section above. Use of profanity or vulgar language in any section of the OpenOfficeSpace database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Service immediately. Customers posting such language to the OpenOfficeSpace web site may be subject to disciplinary action, including indefinite suspension of a Customer's account, temporary suspension or a formal warning.
Last updated: April 2, 2010
