Last Updated on September 14th, 2015.
This service is provided by CommonFloor ("CF" or "we" or "us" or "Site") to help participating residents ("Residents") of apartment buildings enhance their residential experience.
To receive the Service (including access to this Site), you must first accept the following terms and conditions (the "Terms of Use") and the terms of our Privacy Policy.
1. The Service We Provide:
The Service is designed to provide Residents with a building-specific "Network" to interact with their neighbors and share their knowledge of the neighborhood. Subject to the provisions below, and to the terms of any agreement we may have with your building's owners or management or association, the following elements of the Service are available to Residents:
A. Network Access:
As part of the Service, CF creates a unique Network for each building. If you are a Resident of a building, we will permit you to access the entire Network for that building by using a username and password. Initially, CF will provide you with an activation code
in a postcard or other mailing sent to your unit or, in certain participating buildings, provided by your building's management or Residents.
Otherwise, you may request an activation code from support@coMmonflOor.com.
Please note that only one username and password should be created per user/resident. Username is the email_id provided by the Resident. You can invite other Residents living in your unit or any of your neighbor by clicking on "Invite your Neighbors" by providing email_ids or house details. We reserve the right to verify this information before enabling an additional account.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any activities
that occur under your password or account, with or without your knowledge. If you knowingly give your login and password information to another person, we may suspend or terminate your account, in addition to any other remedies available to us. You must immediately notify us if you become aware of any unauthorized use of your password or account or any other breach of security. We can not be liable for any loss or damage arising from your failure to comply with this paragraph.
B. Registration Information:
When you submit your activation code to register, we will require you to provide your house details, name, e-mail address, and a password of your choosing. As mentioned above, your e-mail address will be used as your username for login purposes. Similarly, if you wish to create an account for other Residents living in your unit, you must provide their name and e-mail addresses. We will send an invitation to the email_id provided by you. This information will be subject to the terms of our Privacy Policy..
Any registration information you provide must be true, accurate, current and complete, except that you may provide a preferred nickname when prompted for your first name. Please note that this nickname or first name will be displayed on your profile page and with any messages, reviews, comments or listings that you send or post through the Network.
Please also note that we may, but are not obligated to, use the information you provide to verify that you are actually a resident of your Network's building, and that we may forward this information to building management.
C. Profile Information:
You may also provide profile information such as your occupation, hometown, status, hobbies, photo, etc. You may update, or add this profile information via the "Profile" page. All of this information will also be subject to the terms of our Privacy Policy..
Your CF profile may not include any of the following content: telephone numbers (except where asked), any photographs containing nudity, profanity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, it is possible that information provided by other CF tenants (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services in violation of these Terms of Use. Neither CF nor the residents or owners or management or association of your building assume any responsibility or liability for this material. We encourage you, however, to help us keep your Network clean by contacting us if you notice any misuse of the Service.
D. Notices; Messages; Community Forums:
The Site contains notice board where you may post notices for other Residents to see. Please note that, if you post a notice, the first name or nickname that you have provided will be displayed with that notice.
Although we reserve the right to verify your information, we do not assume any obligation to do so. We can not, and do not, guarantee that each person who claims to be a resident of your building actually is a resident of your building.
We are not obligated to pre-screen or monitor any messages or bulletin boards or notice board or advertisement, but do reserve the right to do so, and to remove any message from the Site in our discretion. We may also forward offensive or unlawful content to law enforcement authorities or to your building's management or owners.
E. Local Info:
The Site contains Local Info section which will allow you to access, rate, review, and recommend restaurants and other businesses in your locality or neighborhood. The information on these pages may be provided by a third party or submitted by individual Residents. You agree that any information that you provide on these sections will be true and accurate, and that you shall not defame, slander or libel any person or establishment.
That said, however, CF can not and does not guarantee the accuracy, integrity or quality of any content submitted by individual users or provided by third party. In addition, your interactions with businesses found on or through the Service, including payment and delivery of goods or services (including any food orders), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those businesses. In no event shall CF or your building or management be liable for any damages arising out of any interaction between you and such parties.
F. Market Place:
Market Place let Residents offer goods and services to one another, or post wanted ads. Please keep in mind that the Market Place is only a venue for Residents to place or respond to classified listings. Unless explicitly stated in the Market place, we are not involved in the actual transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have committed to buy. In addition, note that there are risks of dealing with people acting under false pretense. Because user authentication on the Internet is difficult, we can not, and do not, confirm that each person who claims to be a resident of your building is definitely who he or she claims to be. We expect that you will use caution - and common sense - when using the Market Place.
Without limiting any other remedies, CF may terminate your account if you are found or suspected to have engaged in fraudulent activity in connection with our Service. You may not list or sell any item in the Market Place or otherwise through our Service which: (a) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) otherwise causes a legally-recognized harm (such as a product that contains a defamatory statement); or (c) is illegal under, or your sale of which to the buyer would violate, any applicable law, statute, ordinance or regulation.
Without limiting the foregoing, you may not list or sell the following items in the Market Place or otherwise through the Service:
G. E-mail Updates:
As part of the Service, we may need to communicate with you via e-mail (see our Privacy Policy. to learn more about communications). You agree to receive e-mails which are specific to your account and necessary for the normal functioning of the Service, including one or more welcome e-mails which help inform new users about various features of the Service.
We may also send Residents occasional e-mail bulletins encouraging them to log in to the Network or take advantage of various features or offers, unless such Residents have opted not to receive these e-mails. These e-mails may also contain neighborhood information, tips and suggestions or any other offer provided by third party. CF does not take any responsibility of the validity of any of these offers. If we make these e-mails available to Residents in your Network, you will be able to opt in or out of these e-mails at any time by updating your preferences through your "Settings" page.
H. Information for Prospective Residents/Service Providers:
Because certain areas of the Site are designed to help prospective Residents discover new rental or purchasing opportunities, you may browse some sections of the Network for any building on the Site, even if you have not yet registered. However, you will not be able to read or post any reviews or ratings in these sections unless you have logged in as a Resident of that Network's building. CF will not make available any of the information which could be private to any apartment to public users without notifying users of the network. However authority of deciding upon a piece of information to be private stays with CF.
2. Your Information; Privacy Policy:
A. Privacy Policy:
Our use of your information is subject to the terms of our Privacy Policy.. You must agree to the Privacy Policy before you may access the Site.
B. Your Registration Information:
To provide you with access to the appropriate Network, we will require you to provide the name and contact information described above, and may also request that you update or verify this information from time to time. By using the Site, you agree to provide accurate information, and to cooperate with any CF personnel/Your Apartment Management Committee to ensure accuracy.
C. Other Information You Provide:
i. What You May Provide:
As described above, the Site contains optional profile information, ratings and reviews for your neighborhood, Market Place, Bulletin Board, Opinion Polls and Notice Board. You may choose to submit information through any of these tools. For example, you may submit your own review of a particular restaurant, or offer an item for sale in the Market Place, or add a photo to your profile. Or you may post your thoughts about current happenings at your building on the Bulletin Board.
ii. Grant of Rights to CF:
We take the privacy of our users very seriously. We will never sell, rent, or otherwise provide Residents' personally identifiable information to any third parties for marketing purposes. However CF will have a right to use the information to provide personalised advertisements and offers and to include that information in compilations developed by CF, or to develop derivative works based on that information.
I, as a subscriber/ User of the services offered through the web portal Commonfloor.com, do herby expressly authorise commonfloor and any of their business associates to call/ SMS my/our registered phone numbers (as provided by me / us to Commonfloor). I hereby expressly state that such authorisation shall override the national Do-Not-Disturb Registry ("DND"), even if the phone numbers in question are registered under DND list of national Consumer preference registry ( NCPR/NDNC).
I/we also undertake that I/We will not make any complaints to NDNC for any calls received from Commonfloor services/ products, and shall indemnify commonfloor and any of its business associates for having engaged in any such practice.
I hereby expressly state that my information/ Contact details (Mobile Number / Landline number, Email ID) may be provided by my building's owners or Managing Committee or Residential association Members for uploading the data and using Commonfloor software/ Services, Enabling me to receive communication from the building's owners or managing Committee or Residential association Members, Residents or Business associates of Commonfloor.
I/ we hereby expressly acknowledge that I/we shall receive the first communication (Call/ SMS/ Email) from commonfloor. My contact details (Mobile Number / Landline number/Email ID) have been provided to Commonfloor by managing Committee or Residential Association Members and uploaded in Commonfloor’s database. I realise, acknowledge and expressly authorise Commonfloor to make the initial communication (via Call / SMS / E-mail) for the purposes of confirmation of my credentials provided by residential association.
I hereby authorise Commonfloor and its business associates to continue contacting me via any of the modes of communication listed above, till such time as I expressly opt-out / unsubscribe from the service offered by Commonfloor.com. Till such time, Commonfloor and its business associates shall have all rights to continue communicating with me and I shall completely indemnify them against any liability that may arise as a result of such authorisation to communicate. Such indemnification shall extend to court cases and suits and all lawyer / advocate fees, even if the dispute is never subjected to judicial scrutiny.
iii. Respect For Third Party Rights:
You may not use the Site to transmit or reproduce someone else's intellectual property. For example, you may not use the message boards, bulletin boards or notice boards to post reviews from someone else's blog or travel guide, because that could violate the author's or publisher's copyright rights.
3. Prohibited Conduct:
A. Prohibited Conduct:
You represent and warrant that you shall not do any of the following via the Site or otherwise in connection with the Service:
(i) attempt or help anyone else attempt to gain unauthorized access to the CF Service or its related systems or networks (including without limitation the impersonation of another Resident or other use of a false identity or address to gain access to a Network);
(ii) use the Site to violate the intellectual property rights of any person (including without limitation posting pirated music or computer programs or links to such material on Site message boards or in your Profile);
(iii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
(v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein;
(vii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service (the "Content") in any way;
(viii) modify or make derivative works based upon the Service or the Content;
(ix) create Internet "links" to the Site or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or
(x) reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.
B. Rights of CF:
CF shall have the right to immediately suspend or terminate your access to the Service for any actual or suspected violation of these Terms of Use. CF shall also have the right to itself use or release to third parties (including law enforcement and your building's management) personally identifiable information regarding any person or entity who is suspected of having used this Site or any other component of the Service for any fraudulent purposes, for harassment, or for having otherwise violated any law, rule or regulation or the rights of third parties or having engaged in any conduct which CF deems improper. By using the Service, you are agreeing to our use or release of any information you provide in any manner we deem appropriate or necessary if you are suspected of having engaged in any conduct which we deem improper.
C. How You Can Help:
Please notify CF immediately of any unauthorized use of your password or account, or if you suspect that there has been any other misconduct described above, by e-mailing us at support@coMmonflOor.com.
4. Termination of Access:
Your access to the Service will terminate if we have an agreement with your building management or owners that is terminated or interrupted, or if you violate the terms of these Terms of Use. If so, you will no longer be eligible to use the Site as described in this Section 1. For example, you will no longer be eligible to log in to view old messages.
If you are moving to a new building for which a CF Network exists, you may request that we migrate your account so that you may access that new Network, instead of your old one, once you have completed your move. Please note, however, that we may be unable to successfully migrate your account, that your access to both Networks may be suspended while we verify your new move, and that neither CF nor the management or owners of your old building or your new building shall have any obligation to maintain, store or transfer your account or any of your data.
5. Site Visit: