cityphone is an SMS based mobile real estate service. The service is operated by cityphone, ("cityphone". By using cityphone's ("Service"), you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a Subscriber ("Subscriber"). If you wish to become a Subscriber, and make use of the cityphone services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

This Agreement sets out the legally binding terms for your use of ("Service") and your Subscription in the Service. cityphone may modify this Agreement from time to time and such modification shall be effective upon posting by cityphone on the Website. You agree to be bound to any changes to this Agreement, when you use the Service after any such modification is posted. This Agreement includes cityphone's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of connect 3 and the Service and cityphone's Privacy Policy. You may also receive a copy of this Agreement by emailing us at: privacy@cityphone.biz, Subject: Terms of Use Agreement.

By using the service, you agree to release and hold cityphone harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline cityphone event.

1. Eligibility. Subscription in the Service is void where prohibited. By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that your use of the cityphone shall not violate any applicable law or regulation. Your account may be deleted without warning, if it is found that you are misrepresenting your listings. Your Subscription is solely for your personal use, and you shall not authorize others to use your account, including your profile, email address or mobile phone number.
   
2. Term/Fees. This Agreement shall remain in full force and effect while you, the Service, and/or are a Subscriber. You may terminate your Subscription at any time, for any reason by following the instructions on the My Account page. cityphone may terminate your Subscription for any reason, effective, upon sending notice to you at the email address you provide in your Subscription application or such other email address as you may subsequently provide to cityphone. If cityphone terminates your Subscription in the Service, because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Even after Subscription is terminated, this Agreement will remain in effect, including sections 4, 5, 7 and 9-16. cityphone's Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Subscriber, you acknowledge that cityphone reserves the right to charge for the Service and has the right to terminate a Subscriber's Subscription should Subscriber breach this Agreement or fail to pay for the Service, as required by this Agreement. Further, you understand that cityphone delivers SMS, EMS, MMS and other messages to a user's mobile device through third party messaging gateway services. These third party gateway services use wireless carrier networks such as Cingular, T-Mobile, Verizon etc...to deliver the messages to mobile devices. Based on your text messaging plan and your wireless carrier's pricing plan, there may be a charge assessed for receiving communications and data to your mobile device. In addition, you understand that you may have to sign-up for additional services from your wireless carrier in order to receive communications, data etc.
   
3. Non-Commercial Use by Subscribers. The service is for the personal use of Subscribers only and may not be used in connection with any non real estate endeavors except those that are specifically endorsed or approved by the management of cityphone. Illegal and/or unauthorized use of the service, including collecting usernames and/or email addresses and mobile phone numbers of Subscribers by electronic or other means for the purpose of sending unsolicited email, text messages or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Subscriber accounts, without notice, and may result in termination of Subscription privileges. Appropriate legal action will be taken by cityphone for any illegal or unauthorized use of the service.
   
4. Proprietary Rights in Content on cityphone. cityphone owns and retains all proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of cityphone and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
   
5. Content Posted in the application. a. You understand and agree that cityphone may review and delete any content, messages, text, files, images, photos, videos, sounds, profiles, or any other materials (collectively, "Content") that in the sole judgment of cityphone violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Subscriber or User. b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Subscribers. c. By posting any Content to the Service you, hereby, grant to cityphone the non-exclusive, fully paid, worldwide license to use, publicly perform, publicly display, modify, and translate such Content in the application. This license will terminate at the time you remove such Content from the application. You represent and warrant that: (i) you are contracted for the listings posted by you in the application or, otherwise, have the right to grant the license set-forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any listings you post in the application.
   
6. User Profile. Upon registering for the Service, you will be asked to provide your email address, mobile phone number and address. cityphone will make every attempt to adhere to a communications frequency maximum so as not to send an excessive amount of communications to a specific customer. You will also be asked for information that will allow you to "opt-in" to receive communications from certain Subscriber companies who will contact you through the Service.
   
7. Copyright Policy. 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. It is the policy of cityphone to terminate Subscription privileges of any Subscriber, who repeatedly infringes copyright upon prompt notification to cityphone by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following 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; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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. cityphone's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, cityphone 6106 Rincon Way, Dallas TX 75214.
   
8. Subscriber Disputes. You are solely responsible for your interactions with other cityphone Subscribers. cityphone, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Subscribers.
   
9. Privacy. Use of the Service is also governed by our Privacy Policy.
   
10. Disclaimers. cityphone is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the application, Subscribers or by any of the equipment or programming associated with or utilized in the Service. cityphone is not responsible for the conduct, whether online or offline, of any user of the Service or Subscriber of the Service. cityphone assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line-failure, theft or destruction or unauthorized access to, or alteration of, any user or Subscriber communication. cityphone is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or mobile device due to technical problems or traffic congestion on the Internet or at any Website or combination, thereof, including any injury or damage to users and/or Subscribers or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Further, cityphone assumes no responsibility for a Subscriber companies failure to adhere to offer(s) contained within a text communication. Under no circumstances shall cityphone be responsible for any loss or damage, including personal injury or death, resulting from use of connect 3 or the Service or from any Content posted on the Website or transmitted to Subscribers, or any interactions between users of connect 3, whether online or offline. connect 3 and the Service are provided "AS-IS" and cityphone expressly disclaims any warranty of fitness for a particular purpose or non-infringement. cityphone cannot guarantee and does not promise any specific results from use of the connect 3 and/or the Service.
    
11. Limitation on Liability. IN NO EVENT SHALL CITYPHONE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF CITYPHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CITYPHONE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO CITYPHONE FOR THE SERVICE DURING THE TERM OF Subscription.
    
12. U.S. Export Controls. Software from the Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
    
13. Disputes. If there is any dispute about or involving the Service, by using the Service, you agree that any dispute shall be governed by the laws of the State of Texas without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas, City of Dallas.
    
14. Indemnity. You agree to indemnify and hold cityphone, its subsidiaries, affiliates, officers, agents, and other partners, investors and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service either online or offline in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set-forth above.
    
15. Other. This Agreement is accepted upon your use of the Service and is further affirmed by you becoming a Subscriber of the Service. This Agreement constitutes the entire agreement between you and cityphone regarding the Service. The failure of cityphone to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. cityphone is a trademark of ATAC, LLC. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.