Luxury real estate. Inspired living.
Last updated on September 25, 2014 and effective immediately.
On the Townhouse 12 Website, you will become part of a vibrant community of readers interested in opinions, information, and people involved with architecture, design, art, and luxury real estate in New York, Miami, and occasionally other parts of the country and the world. Welcome to Townhouse 12! We’re glad you’re here.
2. Additional Terms
Please note that additional terms and conditions may apply to the purchases of goods or services and to specific portions of the Website including without limitation: the Architecture, Design, Art, Top Five, New Developments, Real Estate, and Townhouse 12 Property Search, or any other features and content that Townhouse 12 may conduct and/or include from time to time (“Additional Terms”). All Additional Terms are incorporated as a part of this Agreement by reference herein. You agree to abide by any such Additional Terms including, where applicable, representing that you are of sufficient legal age to use or participate in any such service or feature. If there is a discrepancy between this Agreement and any of the Additional Terms, then the Additional Terms shall control with respect to your use of that portion of the Website or service, only. Townhouse 12’s obligations, if any, with regard to its information offered, products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Website should be construed to alter such agreements.
Townhouse 12 may change at any time, without notice, any products, services or information offered on the Website. Townhouse 12 shall not be required to update any materials on the Website with respect to any products, services or information that are out of date.
All material found or offered on the Website including without limitation, copy, graphics, webcasts, blogs, text, images, photographs, sounds, music, video, visual interfaces, trademarks, logos, artwork and computer code, including User Interactive Content (described below), (collectively referred to as “Content”) is the proprietary property of Townhouse 12, its users or its licensors with all rights reserved. Content shall also include the Website layout, design and structure, and the selection, coordination, search, expression and branding of Content and products. Townhouse 12 provides this Content to you “AS IS” and for your information and personal use only. Such Content may not be copied, reproduced, transmitted, sold, broadcast, licensed, downloaded, displayed, distributed, published, or otherwise exploited without the prior written consent of the Townhouse 12 and/or the owners or in accordance with the terms of this Agreement.
Townhouse 12 reserves all rights not expressly granted in and to the Website and the Content, and otherwise in accordance with this Agreement. Content is subject to change without notice. Neither we, nor any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, appropriateness, ownership, or suitability of the Content. You acknowledge and understand that: (a) Content may contain inaccuracies or errors; (b) we are not liable to you or any third party for any such inaccuracies or errors; and (c) you agree to release, defend, indemnify and hold Townhouse 12 and its Associates harmless against any liability that should arise against you, us, or any third party in connection with any Website Content. You further understand that your use of any Content, information, materials, or products found on the Website is entirely at your own risk, we are not responsible for the consequences that may arise from such use, and we shall not be held liable for any damages resulting from such use. It is your own responsibility to ensure that any products, services or information available through the Website meet your specific standards and requirements.
4. Using the Website– General
Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offense. You may not change or distribute in any form any part of the Website without Townhouse 12’s prior written consent.
You may not sell access to the Website or any of its related products and/or services. You may not use the Website for any commercial purpose, including without limitation, to gain sales in advertising, to build your subscription base or to sell advertising on the Townhouse 12 Website or any website that includes any content that pertains to this Agreement or the Townhouse 12 Website.
We reserve the right to discontinue any aspect of the Website or your use of the Website at any time at our sole discretion and without prior notice.
5. Links to Other Websites
From time to time the Townhouse 12 Website may include links to other websites. These links are provided for your convenience and they do not signify Townhouse 12’s endorsement of any third-party website(s). We have no responsibility for any of the content on any linked website(s). By using the Townhouse 12 Website, you expressly relieve us from any and all liability and/or damage(s) that you may incur in connection with or arising from your use of any third-party website or its user-generated content. You may not create a link to the Townhouse 12 Website from another website or document without Townhouse 12’s prior written consent.
6. Townhouse 12 User Accounts and Profiles
You must create a Townhouse 12 account in order to have full access to the Website’s features. The information you post on your Townhouse 12 account profile and share with other Townhouse 12 users should be considered carefully. Townhouse 12 will not be liable for any losses caused by unauthorized use of your account, although you may be liable for the losses of Townhouse 12 or others due to such unauthorized use. Your Townhouse 12 profile may not include any personal information regarding specific address(es) or telephone number(s) of you or any other person. You also may not include any material that includes obscenity, nudity, pornography, excessive violence or any other lewd behavior or language. Despite this restriction, Townhouse 12 assumes no responsibility or liability for any content that you include in or post within the Townhouse 12 website. Use of Townhouse 12 account services is void where prohibited.
Eligibility. You must be 18 years of age or older in order to create a Townhouse 12 account and profile. By creating a Townhouse 12 account you are agreeing to the following: (a) you are 18 years or older; (b) all account/profile information you submit is truthful and correct; (c) you will maintain the accuracy of such information; and (d) your use of Townhouse 12 account services does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning if we believe that you are under the age of 18 or are otherwise ineligible according to these terms.
Login Name and Password. When you register as a member of the Townhouse 12 Website, you will be asked to choose a login name and password. You are entirely responsible for maintaining the security of your password. The use of a password does not restrict access by Townhouse 12 and its internet service providers to the password-protected information. You must keep your login name and password confidential and not permit any other person to use them. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible and liable for any use and misuse of your login name and password by you or any third party and for all activities that occur under your login name and password and you shall indemnify, defend, and hold Townhouse 12 and its Associates harmless from any such use or misuse. You must ensure that all uses of your login name and password comply with this Agreement. You must notify us immediately if you suspect any unauthorized use of your account or access to your password.
Account/Profile Content. We may delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Townhouse 12 is not responsible for monitoring member accounts for inappropriate Content or conduct. You are solely responsible for the Content that you post on your profile or within any of the Townhouse 12 account services, website and any material or information that you transmit to Townhouse 12 or to other members. Content may or may not be reviewed by Townhouse 12 prior to posting and may or may not reflect the opinions or policies of Townhouse 12.
Prohibited Content/Activity. You hereby agree not to post prohibited Content on the Website or engage in prohibited activities while using the Website. The term “Prohibited Content and Activities” includes but is not limited to posting Content or engaging in any activity that is prohibited by Townhouse 12 or violates the terms of this Agreement, to be determined at our sole discretion. Examples of such activity include the following, without limitation:
(a) using Townhouse 12 or its account services in a manner inconsistent with or in violation of any applicable laws or regulations;
(b) harassing or advocating the harassment of another person, group, or entity;
(c) promoting false or misleading information or information that incites or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(d) acting or encouraging others to act in any way that is offensive or promotes racism, hatred or physical harm of any kind against any group or individual;
(e) exploiting people, groups, or entities in a sexual or violent manner;
(f) submitting any content to Townhouse 12 that contains nudity, pornography, violence, animal cruelty, or offensive subject matter or contains a link to an adult website;
(g) transmitting junk mail, chain letters, or unsolicited mass mailing, instant messaging, or spamming;
(h) promoting or contributing to any unauthorized and/or criminal activity or enterprise or providing instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses or spam;
(i) soliciting passwords or personal identifying information for commercial, improper, unauthorized, or unlawful purposes from other users;
(j) using the Website to promote or participate in any commercial activities and/or sales without our prior written consent such as contests, games, sweepstakes or any form of advertising;
(k) submitting a photograph or any Content without owning the material or obtaining the subject’s and/or owner’s prior written consent;
(l) using the Website in connection with any improper, unauthorized, criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, or violating of another’s rights including rights of license, copyright, trademark or patent infringement;
(m) attempting to impersonate another member or person;
(n) using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
(o) using any information obtained from Townhouse 12 or Townhouse 12 account services to harass, abuse, or harm another person;
(p) soliciting or accepting payment or anything from a third person in exchange for your performing any improper, unauthorized and/or commercial activity on or through the Website or Townhouse 12 account services; or
(q) engaging in any act that we, at our sole discretion, feels may cause harm to Townhouse 12, its Associates or members, or may adversely affect the brand name and/or reputation of Townhouse 12, its Associates or members.
Townhouse 12 may in its sole discretion deem any other Content or activities not specifically listed herein to be Prohibited Content or Activities. We reserve the right to take appropriate action, without notice and in any manner that we deem appropriate against anyone who, in our sole opinion, violates or intends to violate these provisions, which actions may include removing any Content from the Website, terminating the user’s membership on this Website, instituting legal action or other proceedings against the user or referring the user’s content and account information to law enforcement agencies.
7. Townhouse 12 Interactive Content and Website Conduct.
User Interactive Content (“UIC”) includes all content that you upload, publish, display, broadcast, stream, contribute, submit, or otherwise make available to Townhouse 12 (“post”). UIC includes, without limitation, the following Content: photos, profiles (including your name, image, and likeness), images, text, posts, comments, messages, notes, information, music, video(s), films, lyrics, advertisements, listings, submissions to the Architecture, Design, Art, Top Five, New Developments, Real Estate, and Content that you upload, publish or display (hereinafter, “post”) on or through the Website, or transmit to or share with other users. You may not post, transmit, or share UIC on the Website that you did not create or that you do not have permission to post. You understand and agree that Townhouse 12 may, but is not obligated to, review the Website and may delete or remove (without notice) any Content or UIC in its sole discretion, for any reason or no reason including UIC that in the sole judgment of Townhouse 12 violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any UIC you post or store on the Website or provide to Townhouse 12 for any purpose. You may access the Website Content, including UIC,: 1) for streaming; 2) as intended by the normal function of the Townhouse 12 Website; and 3) for your information and personal use as expressly authorized by Townhouse 12. Townhouse 12 does not guarantee any confidentiality with respect to any UIC.
As a Townhouse 12 account holder you may post UIC on the Website in accordance with these terms:
A. You agree not to access any Content, including UIC, through any means, method, or technology not expressly authorized by Townhouse 12.
B. By uploading Content onto the site, you acknowledge and agree that Townhouse 12 uploading tools and/or applications may automatically download and install, from time to time, updates from Townhouse 12, and you agree to receive such updates and permit Townhouse 12 to deliver them to you.
C. In connection with UIC, you affirm, represent and warrant that: you own all the Content or have obtained all necessary licenses, rights, consents, and permissions to (1) use the Content without limitation; (2) post the Content on the Website; and (3) authorize Townhouse 12 to use the Content, to the fullest possible extent, including having secured all patent, trademark, trade secret, copyright, licenses and/or other intellectual property and/or proprietary rights in and to any and all UIC before submitting that UIC to the Website, to enable inclusion of the UIC in the manner contemplated by the Website and the terms of this Agreement.
D. You understand and agree that you shall be solely responsible for your own UIC and all consequences of posting or publishing same. You further understand and agree that Townhouse 12 and its Associates will not be liable for any harm caused to you or any third party as a result of any UIC that you submit to the Website or that is submitted to the Website in connection with your profile, and you hereby release, disclaim, defend, indemnify, and hold Townhouse 12 and its Associates harmless from any and all threatened and/or actual liability and/or claims that arise in connection with any of your UIC, and you agree to pay any and all legal fees incurred by us or our Associates in connection with any such UIC.
E. You understand and acknowledge that Townhouse 12 does not provide any encryption and/or other security provisions for any UIC that you submit to the Website. By submitting UIC to Townhouse 12 you agree that you do not require nor wish for any such encryption and/or security provisions to be applied to your Content and you understand that other users will be able to access and use your content to the fullest extent permissible by the Website and the terms of this Agreement.
F. You acknowledge and agree that if you submit any UIC or personally identifiable information anywhere on the Website, including Comments, Architecture, Design, Art, Top Five, New Developments, and Real Estate forums and on your profile, you do so at your own risk. You understand that any of that information can be read, collected and/or used by other Townhouse 12 users and the public, and could be used to send you unsolicited messages and/or for unlawful activity, inappropriate or unwanted, activity.
G. Townhouse 12 expressly disclaims any and all liability for any potential or real damages you may incur as a result of your submission of personal information or UIC, and you agree to indemnify and hold us harmless in the event of any such damages incurred by you or any third party.
H. You retain all of your ownership rights in your UIC. However, by submitting UIC to Townhouse 12 you automatically grant, and you represent and warrant that you have the right to grant, Townhouse 12 a non-exclusive, fully-paid, royalty-free, sublicense-able, transferable, perpetual, irrevocable, unrestricted and worldwide license to post, use, broadcast, stream, reproduce, distribute, display, translate, reformat, excerpt (in whole or in part) sublicense, modify, adapt and perform the UIC for any purpose, commercial, advertising, or otherwise, on or in connection with the Website, or the promotion thereof, as well as to prepare derivative works of, and/or incorporate into other works, such UIC, and to grant and authorize sublicenses of the foregoing in any media, format, and/or through any media channels at our sole discretion and without notice to you.
I. YOU HEREBY AGREE THAT YOU HAVE RECEIVED GOOD AND VALUABLE CONSIDERATION FOR ANY USER INTERACTIVE CONTENT THAT YOU SUBMIT TO TOWNHOUSE 12 AND THE TOWNHOUSE12 WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR ABILITY TO ACCESS, USE AND ENGAGE IN INTERACTIVE CONTENT ON THE WEBSITE, AND THAT YOU SHALL NOT BE ENTITLED TO ANY ADDITIONAL COMPENSATION FOR THE SAME INCLUDING MONETARY.
K. You agree that you shall not submit any Content, including UIC, that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Townhouse 12 all of the license rights granted herein.
L. You understand and agree that Townhouse 12 does not endorse any UIC or any opinion, recommendation, or advice expressed therein, and Townhouse 12 expressly disclaims any and all liability in connection with UIC. Townhouse 12 does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and we will remove all Content and UIC in accordance with our Copyright and Intellectual Property Policy, below, if properly notified that such Content or UIC infringes on another’s rights, including intellectual property rights. Townhouse 12 reserves the right to remove any Content and/or UIC at its sole discretion and without prior notice.
M. You may not use, copy, reproduce, distribute or exploit UIC uploaded by others in any manner outside of the normal function of the Website or as prohibited by law, regulation or under this Agreement.
N. You understand and agree that Townhouse 12 may retain and use in promotional materials, server copies of UIC after it has been removed or deleted.
The above licenses granted by you in UIC are transferable, sub-licenseable, perpetual, and irrevocable.
8. Account Termination
You agree that Townhouse 12 will not be liable to you or to any third party for any termination of your access to this Website.
9. Copyright and Intellectual Property Policy.
Townhouse 12 has adopted the following general policy toward copyright and intellectual property infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Townhouse 12’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Townhouse 12 will respond to a proper notice by (1) removing or disabling access to material claimed to be the subject of infringing activity; and (2) removing and discontinuing service to repeat offenders.
Digital Millennium Copyright Act If you are a copyright owner or an agent thereof and believe that any User Interactive Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent. To be effective, the notification must be a written communication that includes the following (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 the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
• 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.
Townhouse 12’s designated Copyright Agent to receive notifications of claimed infringement is:
C/O Townhouse 12
5700 Collins Ave. #4E
Miami Beach, FL 33140
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 Townhouse 12 customer service through the “Contact Us” link at the bottom of this page. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
If you believe that your UIC 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 in your UIC, 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 Miami, FL 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, Townhouse 12 may send a copy of the counter-notice to the original complaining party informing that party that unless the purported copyright owner files an action seeking a court order against the content provider, member or user, Townhouse 12 may replace or restore access to the removed Content in 10 to 14 business days or more after receipt of the counter-notice, at Townhouse 12’s sole discretion.
Townhouse 12 Customer Service. For assistance with inquiries, please refer to our support address by clicking on the “Contact Us” button located at the bottom of all Townhouse12.com web pages.
Security. The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during the transmission and once we receive it. No method of transmission over the internet or method of electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Because we cannot guarantee its absolute security, you agree to defend, indemnify and hold Townhouse 12 and its Associates harmless from all judgments, awards, losses, liabilities, costs and expenses brought by you or any third party, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based upon the failure or inability to protect and/or maintain the personal information submitted to us.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the Website, than you can be assured that it will only be used in accordance with this privacy statement.
Townhouse 12 may change this policy at any time by updating this page. You should check this page from time to time to ensure that you are satisfied with any changes.
Personal information. In order to have an account and/or profile on the Townhouse 12 Website we may collect certain personal information from you including your name, email address, password and other information in order to protect your account from unauthorized access. In addition, Townhouse 12 may collect other personal information from you, including without limitation, your address, phone number, preferences and interests and other information that Townhouse 12 in its discretion deems relevant to its interests and the interests of its partners, affiliates and sponsors. Any information or Content that you disclose on the Website shall be publicly available and can be collected and used by Townhouse 12 and others. Townhouse 12 shall not be held responsible for any damage(s) you may incur as a result of others accessing any personal information that you voluntarily disclose anywhere on the Website including in Comments, messages, blog posts and within your profile page.
Uses of personal information. We require this information to understand your needs and provide you with a better service. Additionally, we may use the information that you submit to Townhouse 12 for internal record keeping, to improve our products and services, to send you updates or for customer service purposes, to customize the Website according to your interests, to send you promotional information, special offers or other information which we think you may find interesting, and to contact you for market research purposes. We may contact you by email, phone, fax or mail. By registering as a Townhouse 12 user you consent to receive email correspondence from us from time to time.
We may record information about the way you use the Website, including without limitation, when you use the Website, the pages you visit, the modules, applications, widgets and/or technology that you use on the Website, the contacts that you communicate with, the Content that you upload, watch, listen to, share with others, or otherwise access, the Content and/or products that you purchase, the frequency and size of your data transfers and information that you submit to the Website or click on while on the site. If you are logged into the Website we may associate that information with your account. We may use Web Beacons, (also called GIFs) in order to better understand how users interact with the Website and/or to record which emails are opened by recipients.
We may use the personal information that you provide us to run, improve, edit, discontinue and/or make available to you certain features and functionalities of the Website, as well as to record and process any correspondence or flagging notifications that you send us.
Cookies and stored information. When you visit the Website or click on an ad supported by Townhouse 12’s advertising services we may send one or more cookies – a small file containing a string of characters – to your computer. The cookie will uniquely identify your browser and allow web applications to respond to you as an individual. We may use traffic log cookies to identify which pages are being used, to store user preferences, and to track trends in order to improve the quality of our service. This helps us analyze data about web page traffic and improve our Website in order to tailor it to customer needs. We use this information for statistical analysis purposes and then the data is removed from the system. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.
Web Beacons. We may allow other companies, including ad networks, to serve advertisements to users. Ad networks include third party ad servers, ad agencies, ad technology vendors, marketing and research firms. Townhouse 12 may “target” some ads to users that fit a specific general profile. Townhouse 12 may use information in your profile without identifying you as an individual to third parties to target ads.
You may choose to opt-out of the use of web beacons in Townhouse 12 pages that you view and out of placement of a cookie by ad networks in your browser. To opt-out, and render cookies and web beacons ineffective, you must change your cookie settings in your browser. If you opt-out you may lose the potential benefit of receiving ads that are more targeted to your interests which, in turn, may limit your ability to fully realize the benefits of the Townhouse 12 Website.
Log files, IP addresses and information about your computer. Due to the communications standards on the Internet, when you visit Townhouse 12 we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your ISP. This information is used to analyze overall trends to help us improve our services. The linkage between your IP address and your personally identifiable information is not shared with third-parties without your permission or except when required by law.
Rights to Access, Correct and Eliminate Information About You. You have a right to access, modify, correct and eliminate the data about you that has been collected pursuant to your decision to become a User. If you update any of your information, we may keep a copy of the information that you originally provided to us in our archives for uses documented herein.
Security. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable, customary, physical, electronic and managerial procedures to safeguard and secure the information we collect online. However, no method of transmission over the internet or method of electronic storage is 100% secure. Because we cannot guarantee 100% absolute security, you agree to disclaim, defend, indemnify and hold Townhouse 12 and its Associates harmless from all claims, damages, judgments, awards, losses, liabilities, costs and expenses incurred and/or brought by you or any third party, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based upon the failure or inability to protect and/or maintain the personal information submitted to us.
Publicly Available Information. You understand and acknowledge that some of your information will be available to other users on the Website when you create an account or submit Content to the Website. Such information may include without limitation, your username, the date you opened your account, the date you last logged onto the Website, your age (if you choose to display it within your profile), your location, and any other information that you make available on your profile, including Content. When you submit comments, Content or messages to the Website other users will be able to contact you through messages and/or comments. You further understand and acknowledge that any Content that you submit to the Website may be redistributed via the internet and/or other channels and may be viewed by the public.
While you are logged into the Website other users may be able to see that you are logged in and, in certain cases, see what Content you are accessing or have accessed. You agree to disclaim, defend, indemnify and hold Townhouse 12 and its Associates harmless from any and all claims, damages, judgments, awards, losses, liabilities, costs and expenses incurred and/or brought by you or any third party, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation that may arise in connection with another user contacting you in any way, including in a manner that is unwarranted, harassing, unwelcome, inappropriate, and/or illegal.
Controlling your personal information. You may choose to restrict the collection or use of your personal information in the following ways where available:
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us using the “Contact Us” link at the bottom of this page.
We will not sell or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties, from time to time, that we think you may find interesting.
You may request details of personal information that we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please click on the “Contact Us” link at the bottom of this page.
11. Ability to Accept Terms and Conditions
13. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
THIS WEBSITE, ANY PROGRAMS OR CONTENT CONTAINED ON OR IN THIS WEBSITE OR OBTAINED OR DOWNLOADED THROUGH THIS WEBSITE, ANY SERVICES AND INFORMATION PROVIDED TO YOU IN CONNECTION WITH THIS WEBSITE, AND PRODUCTS OFFERED TO YOU FOR SALE OR DISTRIBUTION THROUGH THIS WEBSITE, ARE ALL MADE AVAILABLE TO YOU ON AN “AS IS, WHERE IS” BASIS AND WITH ALL FAULTS, LATENT OR MANIFEST, INCLUDED. YOU HEREBY AGREE THAT YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.
Townhouse 12 AND ITS ASSOCIATES MAKE NO REPRESENTATIONS OR WARRANTIES, AND HEREBY SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE, YOUR USE THEREOF, THE CONTENT, THE SERVICES AND INFORMATION PROVIDED TO YOU IN CONNECTION WITH THIS WEBSITE (THE “SERVICES”), THE PRODUCTS OFFERED TO YOU FOR SALE OR DISTRIBUTION THROUGH THIS WEBSITE (THE “PRODUCTS”), AND/OR THE PROGRAMS OR CONTENT CONTAINED ON, IN, ON, OR OBTAINED THROUGH ANY OTHER WEBSITE LINKED TO OR FROM THIS WEBSITE (THE “LINKED CONTENT”), WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, ARISING OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE OR CUSTOMS OR USAGE OF TRADE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT AND ANY REPRESENTATIONS REGARDING ACCURACY, TRUTHFULNESS AND OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THIS WEBSITE OR THE QUALITY OF AND/OR YOUR ANTICIPATED SATISFACTION WITH, THIS WEBSITE AND ITS CONTENT, SERVICES, PRODUCTS AND LINKED CONTENT.
LIABILITY EXCLUSION, LIMITATION AND RELEASE
Townhouse 12 and the Townhouse 12 Parties do not accept any liability whatsoever in connection with your use of this Website, your access to any Content or Linked Content on or through this Website, any Services provided to you in connection with this Website or any Products purchased by, uploaded or distributed to or by you through this Website. Townhouse 12 and the Townhouse 12 Parties specifically assume no liability for any damages arising out of or related to: (1) any errors, inaccuracies or omissions contained in any of the Content, UIC, or the Linked Content; (2) any personal injuries or property damage resulting to you or to any third party from your use of the Website, UIC or your downloading, uploading, sharing and/or purchasing any products or Content and/or services through the Website, (3) any unauthorized access to your personal information and/or financial information, and (4) any viruses or Trojan horses you may acquire due to your use of the Website or your downloading, sharing, purchasing or uploading of any products, Content and/or services through the Website. These specific exclusions of liability are provided as examples only and shall not in any way limit or reduce Townhouse 12’s exclusion of all liability hereunder. You should use your best judgment and exercise caution when and where appropriate while using this Website.
While effort has been taken to ensure that this Website and its products and content are free from viruses, you hereby acknowledge that Townhouse 12 does not guarantee that they are free from viruses. You are responsible for ensuring that you have installed adequate and up-to-date virus-checking software. You hereby assume the entire cost of all necessary servicing and repairs to any computer and/or other equipment arising out of or related to your use of this Website or your upload, download, sharing and/or purchase of any Content and/or products and/or services from or through this Website.
YOU HEREBY ACKNOWLEDGE THAT Townhouse 12 IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USERS OF THIS WEBSITE. THROUGH YOUR USE OF THE WEBSITE, YOU MAY HAVE THE OPPORTUNITY TO COMMUNICATE OR ENGAGE IN COMMERCIAL OR PERSONAL TRANSACTIONS WITH OTHER USERS OF THIS WEBSITE. ALL SUCH COMMUNICATIONS AND TRANSACTIONS ARE AT YOUR OWN RISK. Townhouse 12 AND THE Townhouse 12 PARTIES DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH ALL SUCH COMMUNICATIONS OR TRANSACTIONS, INCLUDING BUT NOT LIMITED TO LIABILITY FOR ANY TORTS, ILLEGAL CONDUCT, UIC OR OTHER OFFENSES COMMITTED BY ANY OTHER USERS.
YOU HEREBY ACKNOWLEDGE THAT TOWNHOUSE 12 SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT YOU SUSTAIN, OR THAT YOU CAUSE ANY THIRD PARTY TO SUSTAIN, WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE, UIC, YOUR ACCESS TO ANY CONTENT OR LINKED CONTENT ON OR THROUGH THIS WEBSITE, ANY SERVICES PROVIDED TO YOU IN CONNECTION WITH THIS WEBSITE AND PRODUCTS PURCHASED BY YOU OR DISTRIBUTED TO YOU THROUGH THIS WEBSITE, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, DAMAGES FOR LOST REVENUES OR LOST PROFITS AND ANY AND ALL PUNITIVE DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ANY THIRD PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF Townhouse 12 TO YOU OR ANY OTHER THIRD PARTY FOR ANY REASON ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE, YOUR ACCESS TO ANY CONTENT, UIC OR LINKED CONTENT ON OR THROUGH THIS WEBSITE, ANY SERVICES PROVIDED TO YOU IN CONNECTION WITH THIS WEBSITE AND PRODUCTS PURCHASED BY YOU OR DISTRIBUTED TO YOU THROUGH THIS WEBSITE EXCEED TWENTY-FIVE ($25.00) DOLLARS.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE TOWNHOUSE 12 AND EACH OF THE TOWNHOUSE 12 PARTIES FROM ANY AND ALL DAMAGES, LOSSES, LIABILITIES, ATTORNEYS’ FEES, COSTS AND EXPENSES OF ANY KIND SUSTAINED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LAWSUITS, LEGAL, ADMINISTRATIVE, CRIMINAL OR CIVIL PROCEEDINGS WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH PRESENTLY EXIST OR MAY HEREAFTER EXIST IN THE FUTURE, WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF THIS WEBSITE, YOUR UIC, YOUR ACCESS TO ANY CONTENT OR LINKED CONTENT ON OR THROUGH THIS WEBSITE, ANY SERVICES PROVIDED TO YOU IN CONNECTION WITH THIS WEBSITE AND ANY PRODUCTS PURCHASED BY OR DISTRIBUTED TO YOU THROUGH THIS WEBSITE.
15. Copyright notice
This Website is the copyright of “Townhouse 12” © 2014. The Content contained on this Website is the copyright of “Townhouse 12.” © 2014 or of any third parties who supply their own Content to this Website. All rights reserved. Any redistribution or reproduction of part or all of the Content in any form is prohibited other than as expressly provided for and authorized by Townhouse 12. You may not, except with our express written permission, distribute or commercially exploit the Content without the express written permission of the copyright holder of any Content supplied to the Website by any third party. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
16. Compliance with Local Laws
The Townhouse 12 Website is controlled and offered by Townhouse 12 from its facilities in the United States of America. Townhouse 12 makes no representations that the Townhouse 12 Website is appropriate or available for use in other locations. Those who access or use the Townhouse 1 Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
18. Software Agreement
Townhouse 12 may cause software to be available for you to download from its Website or through other websites, including websites operated by any software providers. The software shall be protected by the copyright of the software provider, and your downloading and use of the software are governed by the Software License Agreement or other agreement specific to the software.
19. Agreement Revisions
20. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising from matters relating to the Website shall be exclusively subject to the jurisdiction of the state and federal courts of Florida and you hereby irrevocably consent to the personal jurisdiction of such courts.
22. Entire Agreement
This Agreement constitutes the entire agreement between you and Townhouse 12 with respect to your use of the Townhouse 12 Website, and it supersedes any and all prior or contemporaneous agreements and communications, whether oral or written, between you and Townhouse 12 with respect thereto.
Certain sections of this Agreement, including without limitation those sections pertaining to Fees, Services, Termination, Content, Account Formation, Resolution of Dispute, Successors and Assigns, Townhouse 12’s Intellectual Property, Privacy, No Waiver, No Warranty, Limitation of Liability, Indemnity, Independent Contractors (no agency), and Choice of Law shall survive any termination, expiration, transfer or assignment of this Agreement.
24. Successors and Assigns
25. No Waiver
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
27. Independent Relationship
No partnership, joint venture, principal-agent or employer-employee relationship is intended or created by this Agreement or your use of this Website for any reason. At all relevant times hereto, you and Townhouse 12 shall be operating independently of each other.
28. Rights Reserved
Any rights not expressly granted to you by this Agreement are hereby reserved to Townhouse 12.
The section headings contained in this Agreement are listed for the convenience of reference only and they are not intended to define or limit the scope of any provision of this Agreement.
30. Business Transfers
In the event that Townhouse 12 goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred.
Except as explicitly stated otherwise, any notices to Townhouse 12 shall be given by postal mail to Townhouse 12, Attn: Legal Department; 5700 Collins Ave. #4E, Miami Beach, FL 33140. All notices to you shall be delivered to the email or address you provide to Townhouse 12. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Townhouse 12 may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Townhouse 12. In such case, notice shall be deemed given three days after the date of mailing or upon confirmation of receipt, whichever is first to occur.
The services hereunder are offered by Townhouse 12. Townhouse 12 is located at 5700 Collins Ave. #4E, Miami Beach, FL 33140.
33. Statute of Limitations
You hereby agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arises or it shall be forever barred.