Febuary 09, 2016
Welcome to realestatedefined.com and access to the Encyclopedia of Real Estate Terms ONLINE.
The Online Encyclopedia is not a source of professional advice, but is a means of finding authoritative defintions and the answer to many questions and sources for further research on real estate words and phrases at the click of a button.
The Terms and Conditions for a LICENCE to use Real Estate Defined are set out below and by subscribing to this site (whether as a trial or paid subscription) a User accepts the Agreement set out below throughout the term of the Licence.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE LOGING IN:
The License granted by Delta Alpha Publishing ("Delta Alpha") for the use of the Real Estate Defined (the "Licensed Work") is subject to the following TERMS AND CONDITIONS.
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If we accept your order, we will confirm that acceptance to you by e-mail with the Site License Number and, on our sending that confirmatory e-mail to you, an agreement ("the Agreement") for the use of this Licensed Work will be created between you and Delta Alpha. Please note the right of Delta Alpha to modify this Agreement as set out in clause 8.0
This agreement will come into effect when we send you an e-mail containing your password and make the Licensed Work available to you for the first time. Under the terms of this Agreement you are granted a License to access the material in the Licensed Work but no other rights, except as expressly set out in the Agreement.
IT IS HEREBY AGREED AS FOLLOWS:
In this Agreement, the following expressions shall have the following meanings:
"Commercial Use" shall mean use for the purposes of monetary reward (whether by or for the Licensee, or any other person or entity) by means of sale, resale, loan, transfer, hire, or other form of exploitation of the Licensed Work;
"Licensee" shall mean the individual or entity named in the online order form, together with the approved users in the case of a multiple-user subscription;
"Licensed Work" shall mean the Encyclopedia of Real Estate Terms Online;
"Licensor" shall mean Delta Alpha Publishing;
"Passwords" shall mean the user name and password to be given by Licensor to the Licensee to enable the Licensee to access the Licensed Work;
"Server" shall mean either Licensor's server or a third party server designated by Licensor on which the Licensed Work are mounted and through which the Licensee may gain access to the Licensed Work by means of the World Wide Web;
"Subscription Fee" shall be the amount due for the Subscription Period, either as a single user or if as a multiple-user the amount for the prescribed number of users.
"Subscription Period" shall mean the period commencing on the date on which the Agreement is created as stated above and continuing for so long as the Licensee has a current subscription for that Licensed Work, subject to the provisions for earlier termination set out below.
"Web Site" shall mean the site upon which the Licensed Work is displayed.
2.1 In consideration of the Subscription Fee (whether actual, or nominal during any free trial period), the Licensor grants the Licensee the non-exclusive, non-transferable, revocable, personal and limited right to access and use this Web Site throughout the Subscription Period for the purposes of viewing the Licensed Work. No rights are granted other than as a License to access the site and no rights of use will survive the Subscription Period. The Licensor may limit usage to designated machines of the Licensor, and if so requested the Licensor must provide a list of designated machines and their identities.
2.2 Throughout the Subscription Period, the Licensee may:
2.2.1 access the Server in order to search the Licensed Work and to view, retrieve, and display limited portions thereof;
2.2.2 electronically save limited portions of the Licensed Work;
2.2.3 print out single copies of portions of the Licensed Work;
These rights may only be exercised by means of a workstation at which the Licensee is located. The rights are personal to the Licensee and may not be exercised by any other person.
2.2.4 The 'limited portions' means printing or saving no more than two definitions per day and a total of five definitions per week.
The Licensee may not:
2.3.1 remove or alter the Licensor's copyright notices or other means of identification or disclaimers as they appear in the Licensed Work;
2.3.2 change in any way the definitions or make any annotations on the definitions so as to breach the copyright of this work as produced by Delta Alpha;
2.3.3 make any derivative works from any of the Digital Content, including the Terms, Definitions, Cross References, Quotations, Bibliographical Referecnes and the Tab Content (Cases | Statutes | Formulae | Abbreviations & Acronyms | Measurements | Bookstore | Links);
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2.3.5 display or distribute any part of the Licensed Work on any electronic network, including without limitation the Internet and the World Wide Web;
2.3.6 permit any party, other than a licenced user, to access or use the Licensed Work;
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2.6 copy, modify, bypass, reproduce, republish, distribute, display, tamper with or transmit for commercial, non-profit or public purposes all or any portion of this Web Site or any security components, except to the extent permitted above. Licensor reserves the right to withdraw access to the Licensed Work in the event of the detection of a page download rate in excess of 2 pages per second per individual browser session.
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3.4 The Licensee will notify Licensor as soon as practicable if it becomes aware of any of the following: (a) any loss or theft of the Licensee's password(s); (b) any unauthorised use of any of the Licensee's Password(s).
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4.1 Licensor shall provide the Licensee with a User Name and Password to enable the Licensee to access the Licensed Work.
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The Licensee and Licensor shall not be responsible to one another for any failure to perform any obligation under this Agreement due to Acts of God, war, riot, embargoes, acts of civil or military authorities, fire, flood, typhoon, wind storm, snow storm, blizzard, hurricane, or other cause that is outside the control of the party and could not be avoided by the exercise of due care. Should any delay in performance occur arising out of any of the foregoing events, a party's obligations that are dependent upon performance of the delayed event by the other party shall be extended correspondingly. Notwithstanding the occurrence of any of the events set forth in this clause, the parties shall at all time use reasonable efforts to perform all obligations under this Agreement in a timely manner, taking account of the existing circumstances.
The Licensor reserves the right to modify or update this Agreement at any time. Each time you access this website, you agree to be bound by the Terms and Conditions then in effect.
9.1 The Licensor may terminate this Agreement without notice if at any time the Subscription Fee is not paid in full within the stated time.
9.2 If the Licensor considers there has been a failure to comply with any of these Terms and Conditions, it shall serve 30 days notice of Termination on the Licensor specifying the Breach and requesting that the Breach be rectified. If the Licensor considers that the Breach has not been rectified, access to the site will be restricted, the Agreement will be terminated and the Licensor will refund the pro rata portion of any charges which may have been paid by the Licensee for the balance of the Subscription Period from the date of such Termination.
9.3 In the event that the Licensor considers that there has been a material breach of any of the Terms and Conditions, this Agreement may be terminated with 24 hours notice and in that event the Licensor will have no obligation to refund the unused portion of the Subscription Fee. In addition, you must immediately destroy all copies of downloaded materials in your possession or control.
9.3 Licensor reserves the right at any time on 30 days notice to the Licensee to terminate this Agreement in whole or in part due to ceasing publication of all or part of the Licensed Work. In the event of a termination in accordance with this clause 9.2 Licensor will refund the pro rata portion of any charges which may have been paid by the Licensee for the balance of the Subscription Period outstanding at the date of such termination.
10.1 This Agreement is personal to and binding on the parties and neither this Agreement nor any of the rights under it may be assigned or sublicensed.
10.2 All notices required to be given under this Agreement shall be given in writing in English and left at or sent by first class registered or recorded delivery to the appropriate address shown at the head of this License, or such other address as the party concerned shall from time to time designate by notice pursuant to this clause. Such notices shall be deemed to be delivered (i) when left at the addressee's address; or (ii) if posted 10 (ten) days after posting (unless the notice has been returned by the delivering organization). All notices to Licensor shall be marked "for the attention of the Director".
10.3 This Agreement constitutes the entire agreement of the parties about its subject matter, supersedes all prior communications, understandings and agreements (whether written or oral) relating to its subject matter and may not be amended or modified, except by agreement in writing signed by both parties.
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10.6 Headings used in this Agreement are for convenience only and are deemed not to be part of the Agreement.
This Agreement is subject to the Law of the England.
Notices under this Agreement should be sent to:
1. Delta Alpha Publishing Limited
19H John Spencer Square
London N1 2LZ
2. By email to dap [@] deltaalpha.com
All email messages will only be accepted upon receipt by the Licensor of a confirmation of receipt by the Licensee.
Or 3. to
Delta Alpha Publishing
35 Ash Drive
Kimball, MI 48074
Marked for forwarding to Delta Alpha Publishing at the UK address above.