Brickandmotor - Real estate portal Visakhapatnam (Vizag) | Hyderabad

TERMS OF SERVICE & USAGE

/ terms of service

Terms of Service


1. Your Information

A >> Privacy Policy

Our use of your information is subject to the terms of our Privacy Policy. You must agree to the Privacy Policy before you may access the Site.

B >> Your Registration Information

To provide you with access to the appropriate Network, we will require you to provide the name and contact information described above, and may also request that you update or verify this information from time to time. By using the Site, you agree to provide accurate information, and to cooperate with any BNM personnel/Your Apartment Management Committee to ensure accuracy.

C >> Other Information You Provide
  • What You May Provide: As described above, the Site contains optional profile information, ratings and reviews for your neighborhood, Market Place, Bulletin Board, Opinion Polls and Notice Board. You may choose to submit information through any of these tools. For example, you may submit your own review of a particular restaurant, or offer an item for sale in the Market Place, or add a photo to your profile. Or you may post your thoughts about current happenings at your building on the Bulletin Board.
  • Read More...

2. Prohibited Conduct

A >> Prohibited Conduct
You represent and warrant that you shall not do any of the following via the Site or otherwise in connection with the Service:
  • Attempt or help anyone else attempt to gain unauthorized access to the BNM Service or its related systems or networks (including without limitation the impersonation of another Resident or other use of a false identity or address to gain access to a Network).
  • Use the Site to violate the intellectual property rights of any person (including without limitation posting pirated music or computer programs or links to such material on Site message boards or in your Profile)
  • Read More...
B >> Rights of BNM

BNM shall have the right to immediately suspend or terminate your access to the Service for any actual or suspected violation of these Terms of Use. BNM shall also have the right to itself use or release to third parties (including law enforcement and your building's management) personally identifiable information regarding any person or entity who is suspected of having used this Site or any other component of the Service for any fraudulent purposes, for harassment, or for having otherwise violated any law, rule or regulation or the rights of third parties or having engaged in any conduct which BNM deems improper. By using the Service, you are agreeing to our use or release of any information you provide in any manner we deem appropriate or necessary if you are suspected of having engaged in any conduct which we deem improper

C >> How You Can Help

Please notify BNM immediately of any unauthorized use of your password or account, or if you suspect that there has been any other misconduct described above, by e-mailing us at contactus@BrickandMotor.com.

3. Termination of Access

Your access to the Service will terminate if we have an agreement with your building management or owners that is terminated or interrupted, or if you violate the terms of these Terms of Use. If so, you will no longer be eligible to use the Site as described in this Section 1. For example, you will no longer be eligible to log in to view old messages. If you are moving to a new building for which a BNM Network exists, you may request that we migrate your account so that you may access that new Network, instead of your old one, once you have completed your move. Please note, however, that we may be unable to successfully migrate your account, that your access to both Networks may be suspended while we verify your new move, and that neither BNM nor the management or owners of your old building or your new building shall have any obligation to maintain, store or transfer your account or any of your data.

4. General

A >> Agreement Required

BNM shall have no obligation to provide the Service to you unless and until, and except to the extent that, BNM is required to do so pursuant to an agreement between BNM and your building's management or owners.

B >> BNM Property

As between the parties, BNM shall own and retain all right, title and interest in and to the Service, the Site, and any technology or content contained in or made available through the Service (other than your own name and contact information), and shall also own any suggestions, ideas, enhancement requests, feedback, recommendations or other information that you may provide relating to the BNM Service. The BNM name and logo are trademarks of BNM or third parties, and no right or license is granted to use them. Other trademarks and trade names that may appear on the Site are the property of their respective owners.

C >> Your Data

You, not BNM, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of any information you submit via the Site, and BNM shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such information. BNM reserves the right to withhold access to, remove and/or discard your information from the Site or terminate your account without notice for any breach of these Terms of Use, upon any breach or termination of any contract BNM may have with your building's owners or management, or in the event that you cease to reside at the building to which your Network relates. In the event that your account it terminated, your ability to access or use data through the Service shall immediately cease, and BNM shall have no obligation to maintain or forward any data that you have submitted.

D >> Third Party Offers

As part of the Service, BNM may provide you with information regarding goods or services offered by various third parties (including without limitation paid advertisers or sponsors of the BNM Service, and independent brokers of apartment or condominium units). Similarly, your fellow Residents may offer goods or services via the Market place of your Network. In no event shall BNM or your building be liable for any damages arising out of any interaction between you and such parties.

E >> Warranties; Disclaimers

THE SERVICE (INCLUDING WITHOUT LIMITATION THE SITE, AND ANY TOOLS OR DATA INCLUDED THEREIN) IS PROVIDED "AS IS" AND BNM DOES NOT PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE PERFORMANCE OF THE BNM SERVICE, INCLUDING ITS SAFETY, QUALITY, EFFECTIVENESS, COMMERCIAL VIABILITY OR MERCHANTABILITY. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY IN THIS REGARD. In no event shall BNM or your building or management be liable for any damage whatsoever arising out of the use of or inability to use the BNM Service, even if BNM has been advised of the possibility of such damages. BNM does not take any responsibility for any damage happening due to any interaction between its users happening directly or indirectly through BNM.

F >> Limitation of Liability

In no event shall BNM or your building be liable to any person for any incidental, consequential, special, indirect or punitive damages (including without limitation lost profits) relating to the Service or otherwise relating to these Terms of Use (whether for breach of contract, tort, or negligence) or its termination and irrespective of whether BNM has been advised of the possibility of any such loss or damage. In no event shall BNM's total aggregate liability to you, your fellow residents, and your building, for any matter arising out of or relating to the provision of the Service, exceed the amounts that BNM has then received from your building, which may be zero. The limitations contained in this section shall survive any failure of an exclusive or limited remedy.

G >> Indemnification

You hereby agree to indemnify, defend and hold BNM and your building's owners and managers, and our and their officers, directors, employees and agents (collectively, the "Indemnitee") harmless from and against any and all losses, costs, expenses (including reasonable outside attorneys' fees), claims, suits and liabilities by third parties (collectively, "Claims") that the Indemnitee may suffer or incur, that arise, result from, or relate in any way to

  • your infringement of any intellectual property or other rights of a third party.
  • your violation of any laws or regulation of any governmental, regulatory or judicial authority arising from your use of the Service.
  • your violation of these Terms of Service, or (iv) your actual or alleged gross negligence or willful misconduct in connection with your use of the Service.
H >> Governing Law; Jurisdiction

These Terms of Use shall be governed by Indian law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with the Service shall be subject to, and you hereby consent to, the exclusive jurisdiction of the state courts located in Visakhapatnam, Andhra Pradesh.

I >> Waiver and Severability

No failure or delay on the part of either party in exercising any right or remedy hereunder will operate as a waiver thereof or any other provision. In the event that any provision of these Terms of Use is determined by a court of competent jurisdiction to be unenforceable or invalid, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and the unenforceable provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision.

J >> Changes to the Service

BNM reserves the right to redesign or modify the organization, structure, features, pricing, or "look and feel" of the Service and any portion thereof at any time without prior notice or liability hereunder.

K >> Modification to Terms

BNM reserves the right to modify the provisions of these Terms of Use at any time by posting an updated version of this document on the Site, provided, however, that no such modification shall have retroactive effect. Except as provided in this paragraph or otherwise provided in the Terms of Use, no modification of or amendment to the Terms of Use, and no waiver of any rights thereunder, will be effective unless in writing signed by the party to be charged.

L >> Transfer Prohibited

Your BNM account is personal to you, and you may not assign or transfer your BNM account or any of your rights under these Terms of Use to any third party without our prior written consent, which may withhold for any reason or for no reason. Any attempted assignment or transfer in violation of the foregoing shall be deemed a material breach of the Terms of Use.

M >> How To Contact Us

If you have any questions about this Agreement, the practices of BNM, or your experience with the Service, you can e-mail us at contactus@BrickandMotor.com.

N >> Copyright Policy

Designated Agent for Notification of Claims of Infringement. BNM respects the intellectual property of others, and we ask our users to do the same. If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication under the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3), that contains substantially the following information:

  • Identify the copyrighted work or intellectual property that you claim has been infringed in sufficient detail so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.mycopyrightedcontent.com/this."
  • Identify the URL on the Site that contains the material that you claim infringes your copyright. Again, you must provide us with reasonably sufficient information to let us locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.BrickandMotor.in/infringing."
  • Include your name, mailing address, telephone number and e-mail address.
  • Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
  • Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • Include a statement by you, made under the penalty of perjury, that the information contained in your Notice is accurate and that you are the copyright owner or that you are authorized to act on the copyright owner's behalf. You can e-mail us your Notification of Alleged Copyright Infringement.