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.
(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.
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.
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.
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:
- Identification of the copyrighted work that you claim has been infringed;
- 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;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- 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: email@example.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.
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.
12. Changes; Discontinuance.
13. Choice of Law; Disputes.
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.”
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.
(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.
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.
(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.
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.
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 firstname.lastname@example.org.
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.
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.
11. Contacting Brick & Wonder.