Terms and Conditions

TERMS OF USE

Last Updated:  March 14th, 2025

These Terms of Use sets forth the terms on which Neighborcom, LLC ("Neighborcom"), a New York limited liability company with its principal place of business at PO Box 20675, New York, NY 10023 offers you ("you" or "your") access to the Neighborcom website or mobile application (together, the "Site"), including all content, functionality and other services (the “Services”) made available by Neighborcom through the Site.

1. ELIGIBILITY AND ACCEPTANCE OF TERMS OF USE

Only parties that can lawfully enter into and form legal contracts may use the Site. If you use the Services, you expressly represent to Neighborcom that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. By visiting the Site and/or using the Services you are agreeing to the following terms without change, including those terms available by hyperlink (collectively, the "Terms of Use”). If you do not agree to any of the terms in these Terms of Use, please do not use or become a subscriber to this Site. Neighborcom reserves the right in Neighborcom's sole and absolute discretion to change the Site, including eliminating or discontinuing any content or feature of the Site, or, with reasonable notice, to impose fees, charges or other conditions for use of the Site or parts thereof.

2. MEMBERSHIP, REGISTRATION AND PASSWORDS

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features. The decision to provide this information is purely optional, however, if you elect not to provide such information, you may not be able to access certain features or participate in various areas of the Site. When you register or become a member of the Site or provide information to the Site in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that Neighborcom may use the information you provide to the Site according to the Privacy Policy on the Site.

If you use the Site and/or Services, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your rights as a user. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site or use the Services using your name or password in whole or in part. You agree to (a) immediately notify Neighborcom of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Neighborcom reserves the right to terminate membership and deny access to the Site to any person who violates these Terms of Use.

3. FEES

Fee Schedule

If you elect to advertise on the Site, you agree to pay the then-prevailing fee for the Services requested through the Site as described in Neighborcom's “Pricing Plan” as published on the Site. Neighborcom's prices may be updated from time to time by any of the following methods: online announcements, bulletins, e-mails, notices, announcements in invoices, and revised, published Pricing Plan. Neighborcom is not responsible for ensuring the delivery of any updates to its Pricing Plan (including additions thereto or deletions therefrom) to you, and all present and future Pricing Plans are hereby incorporated by reference into this Terms of Use.

Payment of Fees

You agree to pay for all Services obtained from Neighborcom via credit card or other electronic payment system that is made available from time to time. By choosing to have a credit card billed directly by Neighborcom, you hereby authorize Neighborcom to bill this credit card for the charges incurred for use of the Services. Additionally, you hereby agree that if the credit card company refuses to pay Neighborcom for such charges incurred for use of the Services, you shall be directly responsible for the payment of such charges, and payment shall be due immediately. If Neighborcom chooses to directly bill you for fees incurred in connection with your use of the Services (as opposed to paying by credit card), you agree to pay all fees within twenty (30) days of receipt of an invoice from Neighborcom. You acknowledge and agree that such fees may be electronically invoiced or sent via such other means as communicated by Neighborcom. For the avoidance of doubt, the fees for the Services are charged and payable once you have completed your campaign setup. Once charged the fees are not refundable.

4. TERM AND TERMINATION

These Terms of Use are for services rendered and shall be in full force and effect during such time as the Site or Services are available to you. Neighborcom may disable your access to the Site or Services at any time. Provisions in these Terms of Use relating to limits on liability, indemnification, use and protection of information and data, payment for the Services, disclaimers of warranties as well as all other provisions for which survival is equitable or appropriate, shall survive the termination of these Terms of Use.

5. COPYRIGHT AND TRADEMARKS

Copyright

With the exception of content provided by you, all of the information, content, services and software displayed on, transmitted through, or used in connection with the Site, including for example, advertising, photographs, images, illustrations, audio clips, video, HTML, source and object code, software, data, and all other matters related to this Site, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this Site, are protected under applicable copyrights and other proprietary (included but not limited to intellectual property) rights and are the intellectual property of Neighborcom, and its affiliated companies, licensors and authors. Neighborcom actively protects its rights to the Site to the fullest extent of the law. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the Site, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

Trademarks

Commercialville.tv is a trademark and/or service mark of Neighborcom or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

6. USE OF THE SITE AND SERVICES

Subject to full compliance with these Terms of Use, Neighborcom grants you a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, reverse-engineer or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal or business use and as described in this Terms of Use, without the express written consent of Neighborcom. You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Services and the content made available therein.

7. USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any communications, information, data, text, photographs, audio clips, video clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose. By way of example, and not as a limitation, you agree not to:

• intentionally or unintentionally violate these Terms of Use, other applicable agreement with Neighborcom, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
• use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third-party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
• use the Site and Services or its Content for any purposes not authorized by this Terms of Use, including political, or religious purposes;
• reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal or business purchasing decisions, without the express, written consent of Neighborcom, which consent may be withheld by Neighborcom in our sole discretion;
• knowingly provide or submit false or misleading information;
• attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
• use the Sites and Services in any way that could interfere with the rights of Neighborcom or the rights of other users of the Sites and Services;
• attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Neighborcom by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
• sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
• transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden, overload or interfere with the Sites and Services;
• access, download, monitor, or copy any information contained on our Sites and Services through manual or artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services;
• harvest or collect information about visitors to the Site without their express consent; or
• probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services.

8. MONITORING AND/OR DELETING CONTENT

Given the nature of the Site and the volume of postings, Neighborcom cannot and does not monitor all of the materials posted or transmitted by users. Each person who posts material (“Content Provider”) is solely responsible for his/her own acts, including the content, context or information in the content it/he/she posts. This means that each individual, and not Neighborcom, is entirely responsible for anything and everything it/he/she posts on the Site. Neighborcom reserves the right, in its sole discretion, to edit, move, delete, and/or remove any content posted on its Site at any time, for any reason or in its discretion, but has no obligation to review or remove any such content. Without limiting the foregoing, Neighborcom has the right to delete any content that it believes, in its sole discretion, does or may violate these Terms of Use; provided, however, that the Content Provider shall have the right, subject to these Terms of Use, to replace any content deleted by Neighborcom with new content that is not in violation of these Terms of Use. If, in Neighborcom’s sole discretion, a Content Provider repeatedly violates these Terms of Use, then Neighborcom shall have the right to suspend such Content Provider’s account without penalty until such time, if any, that Neighborcom determines that the Content Provider can comply with these Terms of Use.

9. COMPLAINT PROCEDURE

Advertisements

All complaints relating to advertisements should be sent via email to cs@commercialville.tv with a hard copy sent via mail to: PO Box 20675, New York, NY 10023.

Complaints Review Process

Neighborcom will review all complaints. Anonymous complaints will not be considered. Content deemed inappropriate, at the sole discretion of the Neighborcom will be removed from the Site by Neighborcom pending resolution of the complaint.

10. DIGITAL MILLENNIUM COPYRIGHT ACT

Notice

If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Neighborcom's Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
• Identification of 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 permit Neighborcom to locate the material; 
• Information reasonably sufficient to permit Neighborcom to contact you, such as an address, telephone number, and, if available, an electronic mail; 
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
• 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 owner of an exclusive right that is allegedly infringed.

Neighborcom's designated Copyright Agent to receive notifications of claimed infringement is: the Copyright Officer, email:legal@commercialville.tv. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Neighborcom's customer service department at cs@commercialville.tv. You acknowledge that if you fail to comply with all of the requirements of this Paragraph 9, your DMCA notice may not be valid.

Counter-Notice

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 
• A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Borough of Manhattan, State of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Neighborcom may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days of receipt of notice. Unless the copyright owner files an action seeking a court-order against the Content Provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Neighborcom's sole discretion.

11. CONTENT PROVIDERS

Neighborcom does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third-party or Content Providers. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third-party or Content Provider, Neighborcom is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Content Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Content Provider exclusively and do not involve Neighborcom. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Content Providers.

Third-parties and Content Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third-party or Content Provider’ websites. Neighborcom does not control or operate any such third-party or Content Provider’ websites. Any information you provide to these third-party or Content Provider’ websites while on these third-party or Content Provider’ websites is subject to the respective policies of those third-parties or Content Providers, and not Neighborcom's policies. It is your responsibility to review such third-party or Content Provider’ policies, including any relevant privacy policies. You agree that Neighborcom will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Neighborcom does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party or Content Provider sites. You use these third-party or Content Provider’ websites at your own risk.

You agree that Neighborcom is not responsible for the accessibility or unavailability of any Content Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Neighborcom relating to any interactions or dealings with any Content Provider, and release Neighborcom from any and all liability for or relating to any interactions or dealings with Content Providers.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties or Content Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party. You agree that Neighborcom shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties or Content Providers on the Neighborcom Sites and Services.

12. DISCLAIMERS

ALL MATERIALS AND SERVICES IN THIS SITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. NEIGHGORCOM AND/OR ITS CONTENT PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE OR THE CONTENT AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF USE. NEIGHBORCOM AND ITS CONTENT PROVIDERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE CONTENT; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. NEIGHBORCOM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE SERVICES OR THE SERVER THAT MAKES SUCH SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF YOUR COMPUTER AND OTHER EQUIPMENT.

IF YOU ARE AN ADVERTISER ON THE SITE, YOU ACKNOWLEDGE THAT THE SERVICES ARE PLACEMENT BASED STRATEGY SERVICES AND NOT IMPRESSION BASED STRATEGY SERVICES. PLACEMENT BASED STRATEGY MEANS THAT YOU, AS THE ADVERTISER, PROVIDE THE PARAMETERS FOR THE PLACEMENT OF THE CONTENT. CONSEQUENTLY, NEIGHBORCOM CANNOT GUARANTEE THAT A VISITOR TO THE SITE WILL VIEW OR CLICK ON YOUR CONTENT NOR CAN NEIGHBORCOM PROVIDE STATISTICS OR ANALYTICS WITH RESPECT TO CLICKS OR IMPRESSIONS.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEIGHBORCOM, ITS AFFILIATES AND THEIR OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NEIGHBORCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY CONTENT PROVIDERS OR OTHER THIRD-PARTY IN CONNECTION WITH OR THROUGH THE SITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY NEIGHBORCOM OR THE FAILURE OF NEIGHBORCOM TO PROVIDE THE SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY CONTENT PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT NEIGHBORCOM, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.

14. INDEMNITY

AS A CONDITION OF USE OF THE SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, NEIGHBORCOM, ITS AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, MEMBERS, MANAGERS, LICENSORS, OFFICERS, DIRECTORS, ADVISORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE SITE; (B) NEIGHBORCOM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS NEIGHBORCOM'S USE IS NOT INCONSISTENT WITH THESE TERMS OF USE; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR USER ACCOUNT, EVEN IF NOT POSTED BY YOU; (D) ANY VIOLATION OF THESE TERMS OF USE BY YOU; AND (E) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

15. GENERAL

These Terms of Use shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, the terms of these Terms of Use shall control.

These Terms of Use has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in New York State. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of Neighborcom to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect. No action under these Terms of Use may be brought by you more than one year after the date of the occurrence of the violation.

By use of the Sites and Services, you consent to receive electronic communications from Neighborcom (via e-mail or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Neighborcom may communicate any notices to you under these Terms of Use, through electronic mail, First Class Mail or posting the notices on the Sites and Services. All notices to Neighborcom will be provided by either sending: (i) an e-mail to legal@commercialville.tv; or (ii) a letter, First Class, Certified Mail, to PO Box 20675, New York, NY 10023. Such notices will be deemed delivered upon the earlier of the verification of delivery or five (5) business days after being sent.