Privacy Policy & Terms of Use

BRICK & WONDER TERMS OF USE – August, 2016

Brickandwonder.com is operated by Brick & Wonder LLC (together with any subsidiaries, collectively, “Brick & Wonder”). By using Brick & Wonder’s mobile, Web or any other type of web site owned and operated by Brick & Wonder (hereinafter, “Web Sites”), related data, and/or related services (collectively, the “Services”), you agree to be bound by the following terms of use, as updated from time to time (the “Terms of Use”).

1. Permissible Use.

You agree to use the Services for your personal use, and any commercial use of the Services is strictly limited to transactions done by you on your own behalf. Any other use whatsoever of the Services is prohibited without the express prior written consent of Brick & Wonder. Subject to the restrictions set forth herein, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, you agree not to provide/post/authorize a link to any of the Services from a third party website.

2. Restrictions and Additional Terms.

You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. Further:

(a) Acceptable Use.

You agree not to use the Services in any way that is unlawful, or harms Brick & Wonder, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches any other policy or notice on the Services. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, underlying images of or information about any data or content available through the Services.

(b) Automated Queries.

Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services without the express prior written permission from Brick & Wonder. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”), which limits access to human users.

(c) Google Maps.

Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.h…

3. Materials You Provide; Privacy; Third Party Web Sites.

For materials you post or otherwise provide to Brick & Wonder in connection with the Services (your “Submission”), you grant Brick & Wonder an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Brick & Wonder will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Brick & Wonder may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Brick & Wonder the rights in this paragraph, that Brick & Wonder’s use of the Submission will not infringe any third party rights and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made available through the Services.

Brick & Wonder will treat your use of the Services in accordance with its Privacy Policy, which follows these Terms of Use. Certain Brick & Wonder functionalities may involve the distribution of your Submission to third party Web sites over which Brick & Wonder has no control. Brick & Wonder is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site’s own privacy policy.

4. Advertising.

Although Brick & Wonder does not currently accept or carry advertising, it may elect to do so at any time in the future, at which time the Terms of Use and Privacy Policy will be revised.

5. Brick & Wonder Web Site.

Brick & Wonder showcases a selection of meticulously designed homes that have been, currently are, or may be in the future for sale, based on information made available by third parties through their Web sites on the internet. Brick & Wonder is neither a licensed real estate broker nor real estate agent in any jurisdiction of the United States and does not broker real estate transactions of any kind whatsoever. Brick & Wonder does not act as a real estate agent for you or any other user. Brick & Wonder does not sell, buy, or negotiate the purchase, sale, or exchange of real property of any kind whatsoever. Further, Brick & Wonder does not lease or rent, offer to lease or rent, or negotiate the lease of real property of any kind whatsoever or otherwise aid or assist in the lease of real property any kind whatsoever.

6. Software.

The Services may include software for use in connection with the Services. If such software is accompanied by an end-user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Brick & Wonder grants to you a nonexclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use (for example, Section 1, Section 2, and Section 10).

7. Linked Materials and Third Party Materials.

The Services include links to third party products, services and Web sites, as well as materials provided by third parties. Brick & Wonder does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that Brick & Wonder has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Brick & Wonder takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

8. Claims of Copyright Infringement.

Brick & Wonder respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Brick & Wonder’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
  3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
    Notices of copyright infringement claims should be sent as follows:
    By mail: Brick & Wonder LLC, 285 West Broadway, Suite 300, New York, New York 10013, Attention: Manager
    By e-mail: info@brickandwonder.com. If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

9. Intellectual Property.

The Services are the property of Brick & Wonder, and subject to the intellectual property rights of Brick & Wonder. ©2016 Brick & Wonder LLC. All rights reserved. Map data ©google and subject to google terms of use. All rights reserved. Brick & Wonder, brickandwonder.com, the Brick & Wonder logo, are trademarks and/or registered trademarks of Brick & Wonder LLC in the United States and/or other countries. You may not use any of Brick & Wonder’s trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Brick & Wonder does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.

10. NO WARRANTY.

BRICK & WONDER PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRICK & WONDER AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. BRICK & WONDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

11. LIABILITY LIMITATION; EXCLUSIVE REMEDY.

IN NO EVENT WILL BRICK & WONDER OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST BRICK & WONDER OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

12. Changes; Discontinuance.

Brick & Wonder reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Brick & Wonder’s properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Brick & Wonder may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.

13. Choice of Law; Disputes.

These Terms of Use are governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in New York County, New York for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

14. Indemnification.

You agree to defend and hold Brick & Wonder, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.

15. Release.

You release Brick & Wonder, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

16. General.

You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Brick & Wonder may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Brick & Wonder’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Brick & Wonder with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Brick & Wonder with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 10, 11, 13 through 16.

BRICK & WONDER PRIVACY POLICY – August, 2016

Brick & Wonder LLC (“Brick & Wonder” or “we” or “us” or “our”) appreciates your use of and contributions to our websites and other properties and/or our related services (collectively, the “Services,” or, each individually, a “Service”). Brick & Wonder respects your privacy and is committed to protecting your personal information. The following is our privacy policy (our “Privacy Policy”) and we will comply with it, as well as applicable U.S. privacy law, when we gather and use information from users of the Services. Please read this Privacy Policy to understand what we do with the information we collect from you.

1.Collection of Information.

When you use the Services, we collect a variety of information.

(a) Information you provide. When using the Services, you may provide information about yourself, such as your name, your email address, and your Web site. This may occur, for example, when you submit your comments on a property or properties showcased through our Services. You may also provide information about a third party through the Services, for example, if you share subject matter linked to our website with a recipient via email. We may combine this information with other information we collect from your interaction with the Services or from other companies.

(b) Cookies and Web Beacons. Cookies are bits of electronic information that can be transferred to your computer or other electronic device to uniquely identify your browser. When you use the Services, we may place one or more cookies on your computer or other electronic device. We may use cookies to connect your activity on the Services with other information we store about your prior interactions on the Services to, for example, store your preferences. The use of cookies helps us improve the quality of the Services to you, by identifying information that is most interesting to you, and tracking trends. At any time, you may adjust settings on your browser to refuse cookies according to the instructions related to your browser. However, if you choose to disable cookies, some or all features and Services may not operate properly. Also, the pages on the Services may include Web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different Web sites, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Services where you view a certain advertisement so that we can track whether you visit a Web site associated with that advertisement at a later time.

(c) Third party Cookies and Web beacons. We do not currently work with service providers to track and manage cookie information and your activities while you’re using the Services, or your online activities over time and across different websites.

(d) Mobile Device and Mobile Browser. You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer.

(e) Usage logs. When you use the Services, your computer or other electronic device communicates a variety of information to computer servers, including the existence of cookies, your Internet Protocol address, and information about your browser program. We also create a record of what information you are requesting, such as the page or subject areas you’re visiting.

(f) Social Networks. If you use the social networking connection functions offered through the Services, we may access all of your social network profile information that you have made available to be shared and to use it in accordance with this Privacy Policy. Please refer to the instructions governing your social network account to manage the information that is shared through your account.

2. Usage and Disclosure.

In general, Brick & Wonder uses the information collected from you to communicate with you and operate our Services. Brick & Wonder also uses this information to respond to your requests. Your privacy is important and we are committed to protecting information that identifies you personally, where you have chosen to keep it private (“Personal Information”). We will only share Personal Information that you provide outside the public areas of the Services in the following circumstances:

(a) Consent. When you consent or direct Brick & Wonder to share the Personal Information. For example, if you choose to contact a real estate agent through the Services, your name and email address will appear to the recipient of the message.

(b) Service providers to Brick & Wonder. Brick & Wonder does not hire service providers to help operate the Services or our business, but if in the future Brick & Wonder hires a service provider to help operate the Services or our business, Brick & Wonder may give access to Personal Information only as necessary to perform the service for Brick & Wonder and subject to the terms of this Privacy Policy.

(c) Partners with whom we conduct business. Brick & Wonder may give business partners access to Personal Information only as necessary to offer products and services with those business partners, and subject to the terms of this Privacy Policy.

(d) Legal obligation or protection from harm. When Brick & Wonder has a good faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Brick & Wonder, its users, or the public against harm.

(e) Merger or sale. If and when Brick & Wonder is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Personal Information may be transferred along with the business.

When you provide public information without identifying yourself, we will protect your personal identity as described above. You should keep in mind that the information that you choose to provide through the Services and is subsequently made public (such as comments you submit) will not be protected by this Privacy Policy because you have made an active choice to make that information public. We are not responsible for any Personal Information you choose to submit in any public area of the Services.

We will not identify you personally to third parties, except in accordance with this Privacy Policy. If you choose to respond to an advertised offer with your name and contact information, you will no longer be anonymous to the advertiser. Further, while we do not share your Personal Information with third parties unless permitted above, Brick & Wonder may share aggregate anonymous information with third parties. This information does not personally identify individuals, but instead provides a helpful understanding of the groups of people who prefer certain types of information and services.

3. Information.

Brick & Wonder strives to provide open, transparent, accurate and relevant information about the materials shown on our web sites or linked to our web sites. For example, we make available listed sales prices for homes, features of homes, history and names of architects and other professionals and historic figures associated with the homes. Many times, this information is already publicly available. As long as discussion surrounds real estate and not individuals, we intend to keep this information freely available through the Services.

4. Email Management.

You may receive email from Brick & Wonder for a variety of reasons – for example, if you took an action through the Services, you signed up for a special or regular report or special or regular emails. We respect your desire to manage email correspondence. If you have an account with Brick & Wonder, you can select your preferences through your account settings. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.

5. Behavioral Advertising.

Although Brick & Wonder does not currently participate in behavioral advertising, it may elect to do so at any time in the future, at which time the Terms of Use and Privacy Policy will be revised.

6. Opting Out of Collection of Information.

In order to opt out of any collection of data collected by Brick & Wonder when you use the Services, you may contact us at info@brickandwonder.com.

7. Location Data.

Brick & Wonder uses data collected by Google Analytics, which may include generalized location data of users of the Services, but Brick & Wonder does not track your individual location. To ensure your location is not being tracked from your mobile device, you may deactivate the location services feature on your mobile device.

8. Third Party Websites.

Throughout the Services, we may link to the websites of other companies and/or individuals. Further, certain functionalities on Brickandwonder.com may involve the distribution of any listing information you provide to us to third party websites. These third party websites may collect Personal Information about users on those websites, and Brick & Wonder’s Privacy Policy does not extend to these external websites and third parties. Please refer directly to these third parties and websites regarding their privacy policies.

9. Children Under the Age of 13.

Brick & Wonder will not knowingly collect personally identifiable information from any person under the age of 13. The Services are not designed to attract the attention of persons under the age of 13.

10. Storage, Security and Retention of Information.

Personal Information will be processed and stored by Brick & Wonder in databases hosted in the United States. Brick & Wonder has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting Personal Information. We will retain your Personal Information as needed to provide you with the Services, to comply with our legal, financial reporting, or compliance obligations, and to enforce this Privacy Policy.

11. Contacting Brick & Wonder.

Brick & Wonder is ready to assist you in managing the Personal Information you provide to us, although we may not always delete records due to financial reporting, compliance, or other reasons. If you have any questions about this privacy statement, or the privacy practices of Brick & Wonder, please email us at info@brickandwonder.com. This Privacy Policy may be amended from time to time. You should check back for the most current version before relying on any of the provisions in this Privacy Policy. By using the Services, you agree to the terms of this Privacy Policy.