Privacy Policy

EMMIS Communications Legal Information Regarding This Website:
Terms of use

Acceptance of Terms Through Use
By using Indianapolis Monthly’s Dream Home Web site, indianapolismonthlydreamhome.com, you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and software on this Site is the property of Indianapolis Monthlyand is protected by U.S. and international copyright laws.

Limited License
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. Indianapolis Monthly may change, suspend, or discontinue any aspect of the Site at any time. Indianapolis Monthly may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

Violation of the Terms of Use
You understand and agree that in Indianapolis Monthly’s sole discretion, and without prior notice, Indianapolis Monthly may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Indianapolis Monthly believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Indianapolis Monthly, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Indianapolis Monthly for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Indianapolis Monthly may release user information about you if required by law or subpoena.

Copyright Policy
We may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.

Representations By You
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

Accounts
During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of Indianapolis Monthly, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify christy@indymonthly.emmis.com of any potential unauthorized use(s) of your account, or breach of security.

You also represent and warrant that:
(i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Indianapolis Monthly in its sole discretion deems offensive.

License Granted by You
By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Advertising
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

No Commercial Use
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Indianapolis Monthly’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Indianapolis Monthly will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

Links and Search Results
The Site contains links to sites operated by third parties throughout the World Wide Web. Indianapolis Monthly has no control over these sites or the content within them. Indianapolis Monthly does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. Indianapolis Monthly does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Indianapolis Monthly for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at christy@indymonthly.emmis.com.

Intellectual Property
You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Indianapolis Monthly or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose. Indianapolis Monthly, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by Indianapolis Monthly. The use or misuse of any of these materials is strictly prohibited.

DMCA Policy
If you are notifying Indianapolis Monthlyof alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512:

1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

2. A description of the allegedly infringing material and information sufficient to permit us to locate the material;

3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Designated Agent for Notification of Claimed Copyright Infringement
NAME: Director of Internet Technologies
ADDRESS: Emmis Operating Company
40 Monument Circle, Suite 500
Indianapolis, Indiana 46204
EMAIL: copyright@emmis.com
PHONE: (317) 684-6546
FAX: (317) 684-8810

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER Indianapolis Monthly, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Indianapolis Monthly, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
You agree to defend, indemnify, and hold Indianapolis Monthly, Emmis Communications and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Indianapolis Monthly makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

Choice of Law
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability
This Terms of Use constitutes the entire agreement between Indianapolis Monthly and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Headings
Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.© Copyright 2005 Indianapolis Monthly. All Rights Reserved.

Privacy Policy
This privacy policy (“Privacy Policy”) describes Indianapolis Monthly privacy practices for our Web site located at www.indianapolismonthlydreamhome.com (our “Site”), including what types of information we gather and track, how we use the information, and with whom we share the information. By using the Site, you agree to be bound by the terms of this Privacy Policy and by the Terms of Use. We may change this Privacy Policy at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to frequently review this Privacy Policy, and, if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

Privacy of Children
Children (persons under the age of 18) are not eligible to use the Site without the supervision of their parents. If you are under the age of 18 please do not submit any personal information to us or use any function of the Site, including the Forums, that require the disclosure of personal information. If you are under the age of 18 please only use this Site under the supervision of your parents or guardian. If you are under 13, please do not provide us with any information about yourself. If we discover that we have collected any Personally Identifiable Information regarding a child 12 or under we will delete the information as soon as possible.

What Information is Collected
Indianapolis Monthly may collect two types of information about you: Personally Identifiable Information and Aggregate Information that is anonymous (such as your IP address - a number used to identify your computer when you are on the Internet - or the type of browser you are using).

Personally Identifiable Information:
“Personally Identifiable Information” refers to information that lets us know the specifics of who you are and can be used to identify, contact or locate you (such as your name, address, telephone number and e-mail address). You can visit our Site without telling us who you are and without revealing any information about yourself. You may be required to register or otherwise voluntarily provide Personally Identifiable Information to have access to some features of the Site. You always may choose not to provide the Personally Identifiable Information, but this may lead to decreased functionality of the Site for you and our inability to provide you with certain products or services. We also may request you to voluntarily provide Personally Identifiable Information that is not required to access features of our site. This information enables Indianapolis Monthly to make general improvements to the Site and better serve your specific interests.

Aggregate Information:
[insert name of station] may transparently collect Aggregate Information through the use of cookies or by other means. We use this information to assess general usage patterns, administer and make improvements to the Site and collect demographic information useful in some way to Indianapolis Monthly and our business partners. We hope that by using Aggregate Information, we can update the Site to make it more useful to you and other users. We, and our business partners, reserve the right to use, maintain, update, disclose and/or sell Aggregate Information.

What We Will and Will Not Do With the Information You Provide
Indianapolis Monthly uses information generally to compile statistical data, keep in contact with users and provide them with a better interactive experience.

We may use your information specifically for the following purposes:
to provide easy access every time you return to the Site without requiring re-entry of registration information; to keep you informed about products and services in which you may have interest; to complete business transactions; to contact you as part of a promotion; to allow you to make a posting on the Site; to administer individual accounts; to provide customer support; to meet legal requirements; to provide Internet security; and/or to analyze the collected information. In the event of a merger, consolidation, or sale or transfer of all or substantially all of our assets or business, one of the assets transferred may include the information we collect about our users.

We also reserve the right to collect Personally Identifiable Information about you when you sign up for our Forums. We will collect this information to ensure compliance with our Forum rules.

Indianapolis Monthly works closely with our business partners and certain other third parties who may perform functions on our behalf, such as fulfilling orders, providing promotional materials to our users, sending e-mail, managing data, processing credit card payments or providing customer service. They have access to your Personally Identifiable Information only to the extent necessary to perform their functions and may not use it for any other purpose. Further, these business partners and other third parties may from time to time wish to extend special offers to you on their own behalf. We may use your Personally Identifiable Information to assist our business partners in offering you these products, services and information and may act as an intermediary (for instance, sending you e-mail on their behalf).

We cooperate with law enforcement inquiries, as well as other efforts to enforce laws. We may also disclose Personally Identifiable Information in response to legal process, such as a court order or subpoena, or to protect the Site, hosted sites or users of these sites. We may also disclose Personally Identifiable Information in response to a request by law enforcement if there is an investigation of criminal conduct or other illegal activity. In most cases you may not receive notice of this disclosure to law enforcement. Therefore, we cannot promise, nor should you expect that, communications you make will always remain private.

Other than for the specific purposes set forth in this Privacy Policy, we will not disclose your Personally Identifiable Information to any third parties unless we obtain your prior consent or are legally compelled to do so. In addition, we will not contact you without your permission except as specified above or in connection with the registration process. On the Site, you will be given the opportunity to opt out of receiving e-mails or other information from Indianapolis Monthly. If you have questions about how your personally identifiable information is used, please contact us.

Third Party Advertising
We use third-party advertising companies to serve ads when you visit the Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this Site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

Cookies
When you visit the Site, we or a third-party advertiser may store or recognize some information on your computer in the form of a "cookie" or similar file that can help us in many ways. For example, cookies allow us to tailor the Site to better match your interests and preferences. With most Internet browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. If you reject cookies, functionality of the Site may be severely limited, and you may not be able to take advantage of many of the Site's best features.

About Our Forums
The Site features forums (such as message boards and chat rooms), which enable our users to communicate with each other. We do not moderate and are not responsible for the content which you or any user posts on any forum on the Site. All Personally Identifiable Information you post in a forum may be viewed, collected and used by any visitor to the Site and is beyond our control. Therefore, Indianapolis Monthly strongly recommends that you do not post on any forum private information about yourself or other individuals.

Linking to Our Business Affiliates' and Third Party Web Sites
The Site contains links to sites operated by our business partners and other third parties. Once you leave the Site, you may or may not see a new URL in the location bar. Please review the linked site’s privacy policies, and if you do not agree to be bound by the terms of the policies governing that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties.

How Secure is Your Information
Any unauthorized use of the Site may result in criminal and/or civil prosecution. We have reasonable policies and procedures in place to protect the privacy and confidentiality of your information that we collect and maintain. All Personally Identifiable Information is stored on our secured servers, behind a firewall at a data center with access to data strictly controlled. To help ensure the privacy of your information, we urge you not to share your user name and password with anyone and recommend that you change your password frequently and store it in a safe place. If you are asked to create a user name or password, please select words that do not personally identify you.

The Site offers "auto login" which allows users to enter member areas of the Site without re-entering password information. You may want to disable auto login on your "Set Up" page if you are not the only person using your computer.

You should note that while we take steps to protect your privacy and security there is no “perfect security” on the Internet and by disclosing information there is a chance that the information may be intercepted or become public.

How Information Can Be Accessed or Modified
If you have any concerns about privacy procedures at our Web site or wish to access or modify your Personally Identifiable Information collected at the Site:
• Email us your privacy concerns to: christy@indymonthly.emmis.com
• Write us at: Attn: Privacy/Indianapolis Monthly, 40 Monument Circle, Suite 100 Indianapolis, IN 46204
• Call us at: 317-237-9288
• Fax us at: 317-684-8356

Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns.

Effective May 5, 2005.

Privacy Policy

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