Welcome to Lovely, the easiest place to find your next apartment.
 
LiveLovely.com is operated by Discover Home Network, Inc. (”We”, “Us” or “Lovely”).
 
(last updated September 15, 2011)
 
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
 
By accessing and using this Web site at www.livelovely.com (the “Site”), you explicitly agree to comply with and be bound by the following terms and conditions (the “Terms of Use”), which Lovely may change at any time. Please review these terms and conditions periodically and check the version date for changes.
 
Discover Home Network, Inc. and its subsidiaries and affiliates (collectively, “Lovely”) provide you with access to this Site and the services available on it, related data, other Web sites as indicated below, and/or related services (collectively, the “Services”). Access to and use of the Services is governed by these Terms of Use. In the event that you do not agree with these Terms of Use or the Lovely Privacy Policy, please do not use this site.
 
The Services include the Lovely Site. The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Lovely does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Lovely is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you release Lovely from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
 
You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
 
(1) Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms Lovely, its service providers, suppliers, Clients or any other user.
 
(2) Personal Use. You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf.
 
(3) Calls. The Services may provide phone numbers that can connect you with third parties, such as landlords, property management companies, real estate agents, mortgage brokers, and other service providers. Some of the numbers listed may be routed through a third party service (”Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event you make a call to Lovely or through a Calling Service, you consent to such recording and monitoring. Lovely will treat recorded calls in accordance with its Privacy Policy.
 
You are solely responsible for any Content and other material that you submit, publish, display or link to on the Site or send to other Lovely users. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or is in violation of any Federal, State or local Fair Housing Laws. You will at all times adhere to the Lovely Community Guidelines and that all submitted content you believe to be true. In addition, you agree to not purposely provide false or misleading information on the Service.
 
You agree that by posting content on the Site (your “Submission”), you are granting Lovely a royalty-free, perpetual, irrevocable, worldwide license to (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate your Content, in connection with the Services or in any other media, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Lovely will not pay you for your Submission and reserves the right to remove your Submission at any time. For each Submission, you represent that you have all rights necessary to grant Lovely the rights in this paragraph and that the Submission complies with these Terms of Use. You understand that Lovely does not endorse or warrant any particular content or information available via the Site. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. Lovely will treat your use of the Services in accordance with its Privacy Policy.
 
For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
 
Lovely may delete any Content that in the sole judgment of Lovely violates these Terms of Use or Community Guidelines or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Lovely assumes no responsibility for monitoring the Services for appropriate Content or conduct. If at any time Lovely chooses, in its sole discretion, to monitor the Services, Lovely nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
 
You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material, and to grant Lovely all of the license rights granted herein. Any content that you submit to Lovely may be redistributed through the internet and other media channels, and may be viewed by the general public.
 
You understand that Lovely does not monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because Lovely does not control the Content posted via the Service, Lovely does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Lovely be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Should Content be found or reported in violation with, but not limited to, the following terms, it will be Lovely’s sole discretion as to what action should be taken, including suspension and/or termination of your account.
 
Lovely does not broker real estate transactions. Lovely does not act as a real estate agent for you or an other user. For specific advice on real estate matters, you should always seek the advice of a licensed real estate agent or broker. Lovely does not hold itself out as being licensed to perform any such services, including but not limited to real estate brokerage, valuation, legal, financial, or accounting services, and expressly disclaims any legal capacity or licensure to do so. Lovely does not assume any liability or responsibility for the services of its Clients or any of their agents. Because the information available to you is provided by other content providers, Lovely cannot assume any responsibility or liability for the timeliness, completeness, or accuracy of any of the real estate content provided to you through the Site or the Service. Furthermore, you understand and agree that Lovely has not entered into any form of fiduciary or brokerage relationship with you solely by your use of the Site or the Services, or accessing the materials available on the Site.
 
Lovely reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Lovely shall not be liable to you or any third party should Lovely exercise its right to modify or discontinue the Service or part of it.
 
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2008 Discover Home Network, Inc. and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:
 
1. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
 
2. market, sell or make commercial use of the Site or any Materials;
 
3. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
 
4. make derivative uses of the Site or the Materials; or
 
5. use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
 
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Lovely or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
 
Lovely does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from Client or source Web sites or information provided by the Client or source Web site owner. Lovely uses these images and descriptions solely as necessary to generate search results as a navigational tool to connect you to the Client via phone calls or messages sent through the Lovely Site, or to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Lovely does assert copyright and reserves all right to the search results and associated compilations.
 
"Lovely" and our logos are either trademarks, service marks or registered trademarks of Discover Home Network, Inc. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing "Lovely", "LiveLovely.com" or any other name, trademark, or product name of Lovely without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Lovely, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Lovely's names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
 
The Services contain links to third-party Web sites. These third-party sites are not under the control of Lovely. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Lovely is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
 
Lovely complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Lovely's copyright agent the following written information:
 
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed upon;
* A description of where the material that you claim is infringing is located on the Site;
* Your address, telephone number, and e-mail address;
* 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;
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
 
Before sending a notice to Lovely, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Lovely's Copyright Agent for notice of claims of copyright infringement is provided below.
 
Attn: DMCA Agent
Discover Home Network, Inc.
27515 Hodges Lane, Suite N-3
Dagsboro, DE 19939
USA
 
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
 
IN NO EVENT SHALL Lovely, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 
Lovely is not a publisher of content supplied by third parties and users of the Site. Accordingly, Lovely has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Lovely. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. Lovely does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.
 
You agree to defend, indemnify, and hold Lovely harmless from any damages, costs, and expenses, including attorneys fees and litigation costs and expenses at trial or on appeal, arising from any claim by a third party based upon your use of the Site, the Services, or display of the materials.
 
These Terms of Use shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. Lovely's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 
Except for any suit seeking injunctive relief, any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Palo Alto, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that your unauthorized use of the Site, the Services or the materials will cause injury to Lovely that cannot adequately be remedied by money damages, and that Lovely shall be entitled to preliminary or permanent injunctive relief to enjoin your unauthorized conduct, which shall be in addition to any other remedies available to Lovely at law or equity, through judicial proceedings or arbitration as set forth above. The parties to this Terms of Use Agreement agree that any such suit for such injunctive relief shall be brought in the state or federal courts located in Palo Alto, California. The parties expressly waive any objections to the personal jurisdiction or venue of such courts.
 
Lovely may change, add to or delete these Terms of Use or any portion thereof from time to time at its sole discretion.