TERMS OF SERVICE

These terms cover all sites and services (the "Sites") operated by Curbed.com LLC (the "Company") and any associated content including email, RSS feeds, and Curbed Marketplace. By using any of the Sites, you (the "User") agree to abide by the terms herein. Please read these terms carefully before accessing any of the Sites.

Use of Content on the Sites

All materials on this site, including, but not limited to, posts, listings, images, illustrations (collectively, the "Content") are protected by copyright, and owned or controlled by Curbed.com LLC or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Sites.

You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Sites without the prior written consent of the Company. You may, however, download or make a copy of the Contents, and other downloadable items displayed on the site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Contents are left intact.

User-Generated Content

The comments sections of the Sites are accessible by all Users of the Sites. The comments sections are a vital part of the discourse on the Sites and, as such, we encourage you to abide by the following guidelines:

Do not post threatening, harassing, defamatory, or libelous material.
Do not intentionally make false or misleading statements.
Do not offer to sell or buy any product or service.
Do not post material that infringes copyright or trademark law.
Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
Keep all comments relevant to the particular Site where the comment is being posted.

The Company is not responsible for the Content of User comments and makes no warranties about the information contained therein. The Company does, however, reserve the right to remove, move, or delete comments that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

All terms contained herein apply to the Curbed Marketplace (the "Marketplace"). The Company is not responsible for the Content posted in the Marketplace and makes no warranties about the information contained therein The success of the Marketplace hinges on the accuracy of the materials posted in the Marketplace. Therefore, the Company retains the right to edit or reject any materials that:

Contain attacks of a personal nature, or are threatening, libelous, or refer abusively to other companies or competitors.
Advertise a property that the broker does not actually represent the sellers.
Use images that do not represent the actual property advertised.
Use images that violate any copyright or intellectual property laws.
Falsify any information about the property listed.

By submitting a Curbed Marketplace listing, you are consenting to its display in the Marketplace, and/or on any of the Sites. You are also consenting to its use for promotional purposes.

Image Terms of Use

The Sites typically display images as part of posts written by our editors. These images include those submitted by readers, commissioned by the Company, and those we believe to be covered by the fair use doctrine. If the Company receives notice that an image is not in keeping with these terms and conditions, the Company reserves the right to remove that image.

It is our policy to respond to clear notices of alleged copyright infringement. If you think we have published an image or text that infringes your copyright, please contact us with a notice that complies with the terms of the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office web site.

To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at 212-995-5965 to confirm that we received your original complaint.

To enable us to address your concerns, please provide the following information:

For each allegedly infringing image or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:
- Proof of copyright in the image or text concerned, namely proof of registration of the image under the DMCA
OR, absent such registration,
- A detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
- Evidence to support your claim that you own the copyright in the image.
We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the document and fax it to: 212-995-5966, Attn: Curbed.com LLC Legal / DMCA Complaints, OR email it to legal@curbed.com.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights.

Indeed, in a recent case a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys’ fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects for publication. You can see an example of such a publication here.

We also reserve the right to publish your letter on the Site(s).

Disclaimer

The Sites contain facts, views, opinions, statements, and recommendations of third-party individuals and organizations. The Company does not represent or endorse the accuracy, currentness, or reliability of any advice opinion, statement, or other information displayed, uploaded or distributed through the Sites. You acknowledge that any reliance on any such opinion, advice, statement, or information will be at your sole risk. The materials on this site are transmitted and distributed "as is" and appear on the site without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, or fitness for a particular purpose. The company makes no warranty as to the quality, accuracy, completeness, and validity of any materials on the Sites and does not warrant that the functions contained on the Sites will be uninterrupted or error-free, or that defects will be corrected.

Indemnification and Liability

By using the Sites and/or posting materials to the Sites, including the Marketplace, you agree to indemnify the Company, its officers, directors, employees, successors, assigns, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys’ fees) arising out of or relating to your breach or alleged breach of this agreement or for any content that is provided by you or through your user I.D. and/or password. You agree to cooperate as fully as reasonably required in the defense of any claim. Company reserves the right to assume the exclusive defenses and control of any matter otherwise subject to indemnification by you.

Termination

You may terminate your account at any time by sending e-mail to help@curbed.com. Upon termination, you will receive a confirmation via e-mail that the request was received, and your account will be terminated within 24 hours.

The Company may, in its sole discretion, terminate or suspend your access to all or part of the Sites for any reason, including, without limitation, breach or assignment of this Agreement.

Corresponding with Curbed.com LLC

Any correspondence with the Sites or Curbed.com LLC, including any documentation or images, are considered property of the Company. The Company reserves the right to reproduce such correspondence, in whole or in part, on any of the Sites.

External Links

Curbed is not responsible for the content of any external, third-party sites that may be linked to or from our Sites. These links are provided for your convenience only and you access them at your own risk.

Notification of Changes

Whenever we change our terms of service, we will post those changes to these Terms of Service and other places we deem appropriate, so that our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

User Privacy

Curbed.com LLC greatly values the privacy of its Users and is committed to protecting that privacy. However, when required by law, we may need to disclose personal information. Please refer to our privacy policy for more information.

How to Contact Us

If you have any questions, concerns, or suggestions regarding our terms of use, please drop us a line at help@curbed.com. You may also reach us by mail at Curbed.com LLC, 36 Cooper Square, New York, NY, 10003.