These are the CityBlast.com terms of service. The rules of the site are designed for the benefit of all members. In case of uncertainty, all members are provided these simple guidelines to help with successful and profitable operation of CityBlast for all. Any published Showcase Listing that is in violation of the Terms of Service may be adjusted by CityBlast editors without notice, in an effort to adhere to the spirit of the Terms of Service. For member convenience, resultant conforming Showcase Listings will be scheduled for publication as intended, without further notice.

By using the CityBlast.com website ("Service"), a service of CityBlast Media, Inc. ("CityBlast"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

CityBlast reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time here.

Violation of any of the terms below may result in the termination of your Account without refund. While CityBlast prohibits such conduct and Content on the Service, you understand and agree that CityBlast cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Please Observe The Following Rules When Showcasing Your Listing:

(1) Any licensed agent publishing a Showcase Listing with CityBlast Media, Inc acknowledges that they have read and understood the Terms of Service, and that they agree to them.

(2) Any licensed agent publishing a Showcase Listing warrants that the Showcase Listing will conform to their territory's Code of Ethics, Rules of Advertising, local advertising laws or similar, and that responsibility to conform to the Rules and Obligations of their licensing bodies and local government shall be theirs, and not that of CityBlast Media, Inc. By publishing, all licensed agents confirm that they are authorized to advertise the subject listing. Further, any person publishing with CityBlast Media, Inc and CityBlast.com indemnifies and holds harmless CityBlast Media, Inc against any and all claims arising from the use or misuse of the publishing service.

(3) All Showcase Listings must represent currently available real estate listings for sale within the trade area of the selected CityBlast market, and the agent publishing the Showcase Listing must have the written consent of the property owner to market the property for sale. Most often, this will be in the form of a Listing Agreement. By Featuring Your Listing, the agent warrants that they have obtained permission to market the property. Properties available for lease that are not also available for sale may not be published via the CityBlast service.

(4) A Showcase Listing can not contain any of the following:

• profanity or abusive language
• inaccurate or false information
• spelling errors
• information soliciting an agency agreement with the Showcase Listing agent directly, including all forms of contact information
• links to any website

(5) All Showcase Listings must contain:

• an address and MLS number for the property
• the name and address of the listing brokerage (to meet compliance)

(6) By publishing a Showcase Listing through CityBlast.com, the person composing and publishing the Showcase Listing warrants that a cooperating commission is being offered to the Cooperating Brokerage, and that the minimum commission being offered is 2% of the purchase price of the subject property.

(7) Any person Showcasing a Listing on CityBlast.com warrants that they are of the legal age to form a binding agreement in their jurisdiction, and that they have the legal capacity to enter into an agreement.

(8) CityBlast.com does not control the content of your Showcase Listing, except for in reference to any edits based on the above content requirements, in which case CityBlast endeavours only to minimally edit violating content so as to create a conforming Showcase Listing. Any person Featuring a Listing on CityBlast.com takes responsibility to meet these requirements, and any and all content published by CityBlast Media, Inc is deemed to be the original content of the Featured Listing individual and not that of CityBlast Media, Inc.

(9) Members may only Showcase their own listings. No member may Showcase the listing of another agent under any circumstances. If any member is found Showcasing listings that are not theirs, service may be suspended or discontinued.

Account Terms

(1) You must be 18 years or older to use this Service.

(2) You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

(3) You must have a valid Facebook login and email registered with the service at all times.

(4) Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.

(5) You are responsible for maintaining the security of your account and password. CityBlast cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

(6) You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).

(7) You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Cancellation and Termination

(1) You are solely responsible for properly cancelling your account. An email request to cancel your account is not considered cancellation. You can cancel your account at any time by calling into CityBlast (1-800-277-6420) during our regular hours of operation: Mon. - Fri. / 9 AM - 5 PM EST.

(2) All of your client information, including but not limited to statistics, name, contact information, image and more, may be deleted from the servers maintained by the Service upon your cancellation. This information may not be recoverable once your account is cancelled. All posts created by the Service on your social media channels will remain intact, pursuant however to your ongoing relationship with such third party providers.

(3) If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

(4) CityBlast, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other CityBlast service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. CityBlast reserves the right to refuse service to anyone for any reason at any time.

(5) If you cancel your account and then choose to re-register, you will not be given preferential access to CityBlast.com in your territory, and may have to join a waiting list if your territory is at its maximum limit of available memberships.

(6) Due to the nature of costly third-party expenses CityBlast incurs in due practice on behalf of its clients (including but not limited to third-party advertising purchases, paid staffing, third-party content licensing, and similar), it cannot provide refunds for any services in whole or in part once purchased. In the case of clear and demonstrable extenuating circumstances, CityBlast may from time to time elect to refund moneys received at its absolute sole discretion, and only if the request is made within 48 hours of commencement of the billing cycle in question. All such refund requests must be made by telephone at 1-800-277-6420, and cannot be made via chat or email submission.

Modifications to the Service and Prices

(1) CityBlast reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

(2) Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the CityBlast.com website or the Service itself.

(3) All prices are posted in USD.

(4) CityBlast shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

(1) All content posted on the Service is must comply with U.S. Or Canadian copyright law, depending on jurisdiction.

(2) We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

(3) CityBlast does not pre-screen Content, but CityBlast and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

(4) The look and feel of the Service is copyright © 2011-2024 CityBlast Media, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from CityBlast.

Rules and Abuse

By agreeing to these Terms, you promise to follow these rules:

(1) You won't send spam! We mean "spam" as it is defined on the Spamhaus website.

(2) You won't use purchased, rented, or third-party lists of email addresses.

(3) You'll comply with our Acceptable Use Policy, which forms part of these Terms.

CityBlast doesn't allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:

• A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
• Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

• an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
• a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
• a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You're responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, "EU Data Privacy Laws"), United States export control laws and regulations and economic sanctions laws and regulations ("U.S. Export Control Laws and Regulations"), or other applicable laws. If you're subject to regulations (like HIPAA) and you use the Service, then we won't be liable if the Service doesn't meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or other laws that apply to commerce.

If you collect any personal information pertaining to a minor and store such information within your CityBlast account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.

If you're located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the "EEA") and/or distribute Campaigns or other Content through the Service to anyone located in the EEA (each such Member an "EEA Member") in creating your Campaign distribution list, sending Campaigns via the Service, and/or otherwise collecting information as a result of creating or sending Campaigns, you represent and warrant to CityBlast that:

• You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the Service, and includes a link to CityBlast's Privacy Policy.
• You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to CityBlast and to enable such data to be lawfully collected, processed, and shared by CityBlast for the purposes of providing the Service or as otherwise directed by you.
• You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.
• You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable CityBlast to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service.

In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of the "Compliance with Laws" Section.

General Conditions

(1) Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

(2) Technical support is only provided to paying account holders and is only available via email.

(3) You understand that CityBlast uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

(4) You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, CityBlast, or any other CityBlast service.

(5) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CityBlast.

(6) We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

(7) Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CityBlast customer, employee, member, or officer will result in immediate account termination.

(8) You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

(9) You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

(10) You must not transmit any worms or viruses or any code of a destructive nature.

(11) CityBlast does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

(12) You expressly understand and agree that CityBlast shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CityBlast has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

(13) The failure of CityBlast to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CityBlast and govern your use of the Service, superceding any prior agreements between you and CityBlast (including, but not limited to, any prior versions of the Terms of Service).

(14) Questions about the Terms of Service should be sent to our technical support staff.