TERMS AND CONDITIONS FOR USE
WHAT YOU SHOULD KNOW
your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. NRT New York LLC d/b/a 180 Franklin (“180 Franklin,” “We,” “Us,” or “Our,” as appropriate) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by 180 Franklin, with an address at 180 Franklin Ave. Brooklyn, NY 11205. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and
worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). Such property rights are owned and controlled by 180 Franklin or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") who have licensed their content or the right to market their products and/or services to 180 Franklin. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means)
for any commercial use or any use not consistent with these Terms without the prior written consent of 180 Franklin or the Providers. You may request consent by emailing your request to 180 Franklin at firstname.lastname@example.org. Without the prior written consent of 180 Franklin or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of 180 Franklin and/or the Providers and is prohibited. As a condition of your use of this Web Site, you warrant to 180 Franklin that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. 180 Franklin retains the right to deny access to anyone at its discretion for any reason, including violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without the prior written consent of 180 Franklin. 180 Franklin respects the intellectual property rights of others and has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright
Act (the "DMCA"). The address of our Designated Agent for copyright takedown notices ("Designated Agent") is listed below.
REPORTING INSTANCES OF COPYRIGHT INFRINGEMENT
If you believe that Content residing or accessible on or through the Web Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address indicated below:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we can verify its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the use or appearance of the disputed material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of
the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has allegedly been infringed.
Designated Agent: 180 Franklin
Attention: DMCA Designated Agent
180 Franklin Ave
Brooklyn, NY 11205
You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, to do any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam," or other such unsolicited mass e-mailing techniques, or “website scraping;” (b) disclose or share users’ Web Site passwords with any unauthorized third parties or use users’ Web Site passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, email or otherwise transmit any information, Content, or other proprietary material that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor, “scrape,” or copy our Web Site pages, or the Content without our prior written permission, provided that generally available third party web browsers may be used without such permission.
This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under 180 Franklin’ control, and 180 Franklin is not responsible for, and does not endorse, such content, whether or not 180 Franklin is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by 180 Franklin or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER 180 Franklin, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 180 Franklin AND RELATED PERSONS
AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT 180 Franklin IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, PROVIDERS, OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, 180 Franklin' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless 180 Franklin and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of 180 Franklin and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by 180 Franklin from its offices within New York, NY. 180 Franklin makes no representation that Content on this Web Site is appropriate or available for use in other locations. Those who choose
to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed under, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party, or 180 Franklin brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in the state or federal courts located in New York County, NY and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY 180 Franklin.