Last Updated: May , 2018
Welcome to Replay Listings, the video-friendly way to list or rent apartments in NYC!
Who Can Use the Services
No one under 18 is allowed to create an account or use the Services, so please read all terms carefully.
You represent and warrant that you are a registered and licensed real estate broker in the state of New York.
You have the authority and/or the authorization on behalf of your organization and/or the owners of the real estate to use the Services.
The Terms may be modified by the Company from time to time, and such modifications are effective upon posting by the Company on the Replay Listings Mobile App or Site. Your continued access and/or use of the Services constitutes your acceptance of such modifications.
By using the Services, you consent to receive this Agreement in electronic form. You may save a copy of the Terms on the Replay Listings App. If you do not agree to all of the terms and conditions contained in the Terms, do not access or use the Replay Listings App and/or the Site.
Rights We Grant You
The Services are protected by copyright, trademark, and other US and foreign intellectual property and other laws. These Terms don't grant you any right, title or interest in the Services or others' content in the Services other than as provided in these Terms. Subject to your compliance with these Terms, Replay Listings remains the sole owner of all right, title, and interest in the Services, and reserves all rights not expressly granted under these Terms.
Replay Listings LLC grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use the Services as allowed by the Terms. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Dropbox trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to youThe Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Dropbox trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to youThe Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Dropbox trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to youThe Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Dropbox trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to youThe Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Dropbox trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you
Replay Listings is the sole owner of all common law and/or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Replay Listings (the “Replay Listings Trademarks”). Unless explicitly specified here in the Terms, nothing contained herein grants you any rights to use any Replay Listings Trademarks. All other trademarks, product names, and company names or logos used or appearing on the Replay Listings App and/or Site are the property of their respective owners. You agree that you will not use Replay Listings Trademarks in any manner that might tarnish, disparage, or reflect adversely on Replay Listings. You agree that you will not use any Replay Listings Trademarks or any variant of the Replay Listings Trademarks including misspellings, as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
The look and feel of the Replay Listings Replay Listings Mobile App, the Site, including all page headers, graphics, button icons, and scripts (the “Look and Feel”), is the trademark, service mark, and/or trade dress of Replay Listings and you agree that will not use or copy the Look and Feel in any way without the prior written consent of Replay Listings.
You agree not to copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
You agree not use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
Any software that Replay Listings provides you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
You may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right or bullies, harasses, intimidates, defames, spams or solicits other users of the Services.
You will not use the Services for any purpose that is illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.
You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You will not use or attempt to use another user's account, username, or password without their permission.
You will not solicit login credentials from another user.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
You will not probe, scan, or test the vulnerability of our Services or any system or network.
You will not encourage or promote any activity that violates these Terms.
The Services let you create, upload, post, send, receive, and store chat messages, video, or text, such as sharing or liking, content (“Your Content”). When you do that, you retain ownership rights in Your Content you had to begin with. You understand that whether or not Your Content is published, Replay Listings does not guarantee any confidentiality with respect to any of Your Content. You shall be solely responsible for Your Content and the consequences of posting or publishing them. In connection with Your Content, you affirm, represent, and/or warrant that:
you own or have the necessary licenses, rights, consents, releases and permissions to use and authorize Replay Listings to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Your Content to enable inclusion and use of Your Content in the manner contemplated by the Terms;
you will not use the name or likeness of any individual person whether live or in an image, audio, and/or video in Your Content;
Your Content does not contain material that is copyrighted, protected by trademark, patent and/or trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights in, or have permission from their rightful owner to post such material in Your Content, and you can grant Replay Listings all of the license rights in such material in Your Content;
you will not publish falsehoods or misrepresentations that could damage Replay Listings or any third party;
Your Content is not unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
While Replay Listings is not required to do so, it may access, review, screen, and delete Your Content at any time and for any reason, including to provide and develop the Services or if it believes Your Content violates these Terms. You alone, though, remain responsible for Your Content that you create, upload, post, send, or store through the Service. Replay Listings cannot guarantee that Your Content will conform to its Terms and does not take responsibility for Your Content provided through the Services.
In consideration for Replay Listings providing you access to, and use of, the Services, you agree that we, our affiliates, and our third-party partners may place advertising on, or contact you in connection with, the Services.
Much of the content on our Services is Your Content, and some of the content may be provided by our affiliates or third parties (“Third Party Content”) (collectively, “Content”). Your Content is your responsibility or the sole responsibility of the person or organization that submitted the Content. Although Replay Listings LLC reserves the right to review or remove all Content that appears on the Services, we may not be able to necessarily review all of the Content. We cannot guarantee that Content on the Services will conform to our Terms and do not take responsibility for any Content provided through the Services.
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Replay Listings LLC is not responsible or liable for a third party's terms or actions taken under such third party's terms. Replay Listings will strive to identify any paid third party services and communications but it will not be liable or responsible for any errors and/or omissions in such identification.
Links to Third Party Sites
In the event that the Services is available through any third-party platform, or if Replay Listings provides links from the Services to any third-party platform or permits any third party to link from its platform to the Services, you understand and agree that Replay Listings makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Replay Listings, and Replay Listings provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Replay Listings. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY AND YOUR USE OF SUCH THIRD PARTIES IS AT YOUR SOLE AND ABSOLUTE DISCRETION AND RISK. By using such third party services, you acknowledge and agree that: (i) if you use any third party services to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of any third party service may cause personally identifying information to be publicly disclosed and/or associated with you, even if Replay Listings has not itself provided such information; and (iii) your use of such third party services is at your own option and risk, and you will hold Replay Listings harmless for such activities related to third party services.
Replay Listings LLC honors the requirements set forth in the Digital Millennium and Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Replay Listings LLC becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please fill out this form. Or you may file a notice with our designated agent:
Replay Listings LLC
3000 Avenue K
Brooklyn, NY 11210
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identify the copyrighted work claimed to have been infringed;
identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
provide your contact information, including your address, telephone number, and an email address;
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.
Modifying the Services and Termination
We are relentlessly improving our Services. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
While we hope you remain a lifelong Replay Listings LLC, you can terminate these Terms at any time and for any reason by deleting your account. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
If you are not ready to terminate your account, but wish to deactivate it for a short period of time, your Member profile may be hidden but you will continue to be a Member bound by the Terms.
Replay Listings may also terminate the Terms with you at any time, for any reason, and without advanced notice. That means that it may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may delete your account due to prolonged inactivity, your violation of the Terms, risk or possible legal exposure for Replay Listings due to your use of the Services and/or Terms, or for any other reason.
If Replay Listings terminates your access to the Service or you deactivate or delete your account, Your Content, and all other data, will no longer be accessible through your account (that is, users will not be able to navigate to your username and view Your Content), but Your Content may persist and appear within the Services.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Replay Listings’ request), indemnify and hold Replay Listings harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) Your Content or your access to or use of the Services; (ii) your breach or alleged breach of the Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any fraud or misrepresentation made by you. You will cooperate as fully required by Replay Listings in the defense of any claim. Replay Listings reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Replay Listings.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE REPLAY LISTINGS LLC ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE SECURE, TIMELY OR ACCURATE.
REPLAY LISTINGS LLC TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH REPLAY LISTINGS LLC WILL BE RESPONSIBLE FOR.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
Limitation of Liability
REPLAY LISTINGS DOES NOT ENDORSE CONTENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, REPLAY LISTINGS LLC AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF REPLAY LISTINGS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL REPLAY LISTINGS LLC'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID REPLAY LISTINGS LLC, IF ANY, IN THE LAST 12 MONTHS.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF REPLAY LISTINGS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY REPLAY LISTINGS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY REPLAY LISTINGS.
Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND REPLAY LISTINGS LLC TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
You and Replay Listings LLC agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Replay Listings LLC are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA") and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Replay Listings LLC The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Replay Listings LLC
YOU AND REPLAY LISTINGS LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Replay Listings LLC are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Replay Listings LLC over whether to vacate or enforce an arbitration award, YOU AND REPLAY LISTINGS LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.
Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
You may opt out of this arbitration agreement. If you do so, neither you nor Replay Listings LLC can force the other to arbitrate. To opt out, you must notify Replay Listings LLC in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Replay Listings LLC username and the email address you used to set up your Replay Listings LLC account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Replay Listings LLC
Notwithstanding the foregoing, either you or Replay Listings LLC may bring an individual action in small claims court.
This arbitration agreement will survive the termination of your relationship with Replay Listings LLC
To the extent that these Terms allow you or Replay Listings LLC to initiate litigation in a court, both you and Replay Listings LLC agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in federal courts in the State of New York. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in state courts of the State of New York. You and Replay Listings LLC consent to the personal jurisdiction of both courts.
Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Additional Terms for Specific Services
Any additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Replay Listings LLC, and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
You may not assign or transfer any of your rights or obligations under these Terms without our consent.