Terms

BRICKLIVING.COM TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE BRICKLIVING.COM WEBSITE (THE “SITE”).  BY ACCESSING AND USING THE SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT").  ANY PERSON ACCESSING OR USING THE SITE IS REFERRED TO AS “YOU”.

Brickliving.com and its affiliates (collectively, “Brickliving”) reserve the right to change or modify this Agreement or any policy or guideline of the Site, at any time and in its sole and absolute discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes.  The Site and the services offered herein are provided solely as an online search engine to present information to the public.  BrickLiving does not purport to provide any real estate, brokerage, legal, appraisal, mortgage lending or other real-estate or real-property related service and/or advice, and does not hold itself out as being registered, licensed or otherwise authorized to perform any such services.

The Site is available only to individuals who are at least 13 years old.

Services.

Brickliving does not endorse, recommend or approve of any real estate agent, broker, brokerage or other real estate- or real property-related service provider who offers services in connection with the information provided on or through the Site.

You should use your own judgment regarding the merits of any individual, entity or information that you find on or through the Site. BrickLiving cannot and does not represent or warrant that any real estate agent, broker, brokerage or other real estate- or real property-related service provider who offers services in connection with the information provided on or through the Site is registered, licensed, qualified, or otherwise authorized or capable of performing any such service.  BrickLiving does not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of information provided by any user, real estate agent, broker, brokerage, appraiser or other real estate- or real-property-related service provider on or through the Site, including without limitation any real property evaluation or other related services.

Disclaimer.

BrickLiving has taken reasonable measures to confirm the accuracy of the information listed on the Site. Notwithstanding the foregoing, prices, promotions and specifications are constantly changing. The materials and information on this Site may include inaccuracies and/or typographical errors. The materials, information and services on the Site are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the fullest extent permitted by applicable law, BrickLiving disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and the information, content and materials contained therein.

BrickLiving must be informed immediately in the event a listing or any information contained therein is inaccurate in order to rectify the discrepancy in a timely manner.

Responsibility of Contributors.

If you post material to the Site, post links on the Site, comment on a discussion, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or computer software. By making Content available, you represent and warrant that:

o     the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

o    if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

o    you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

o    the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and

o    the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

By submitting Content to BrickLiving for inclusion on our Site, you grant BrickLiving a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, BrickLiving will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, BrickLiving has the right (though not the obligation) to, in BrickLiving's sole discretion (i) refuse or remove any content that, in reasonable determination, violates any BrickLiving policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in BrickLiving's  sole and absolute discretion.  BricklLving will have no obligation to provide a refund of any amounts previously paid.

Payment – General Terms.

Optional paid services such as Featured ListingsFeatured Buildings and Directory Listings are available on the Site (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay the one-time or monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly subscription period as indicated. Upgrade fees are not refundable.

All prices and specifications are subject to change without notice.

Responsibility of Site Visitors. 

BrickLiving has not reviewed, and cannot review, all of the material posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, BrickLiving does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BrickLiving disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content posted therein. 

1.    Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Site links, and that link to the Site. BrickLiving does not have any control over those non-brickliving.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-brickliving.com website or webpage, BrickLiving does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BrickLiving disclaims any responsibility for any harm resulting from your use of non-brickliving.com websites and webpages.

2.    Copyright Infringement. As BrickLiving asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify BrickLiving.  BrickLiving will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

3.    Intellectual Property. This Agreement does not transfer from BrickLiving to you any BrickLiving or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BrickLiving. BrickLiving, the Site, the brickliving.com logo, and all other trademarks, service marks, graphics and logos used in connection with BrickLiving or the Site are trademarks or registered trademarks of BrickLiving or BrickLiving's licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any BrickLiving or third-party trademarks.

4.   Changes. BrickLiving reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. BrickLiving may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 

5.    Termination. BrickLiving may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your brickliving.com account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  

6.    Disclaimer of Warranties. The Site is provided “as is”. BrickLiving and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BrickLiving nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk. 

7.    Limitation of Liability. In no event will BrickLiving, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BrickLiving under this agreement during the twelve (12) month period prior to the cause of action. BrickLiving shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

8.   General Representation and Warranty. You represent and warrant that (i) your use of the Site will be in strict accordance with the BrickLiving Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party. 

9.   Indemnification. You agree to indemnify and hold harmless BrickLiving, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement. 

10.  Miscellaneous. This Agreement constitutes the entire agreement between BrickLiving and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BrickLiving, or by the posting by BrickLiving of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of New York, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts of New York and/or the Federal Court of the United States in New York.

11.  Arbitration. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under this Agreement shall be finally by arbitration. The arbitration shall take place in New York, NY, USA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BrickLiving may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

If you would like to contact Brickliving in connection with this Agreement or the Site, or if you have any other comments, we would like to hear from you. Please email: info@brickliving.com