FADER PUBLISHING LLC
MODIFICATION OF TERMS AND CONDITIONS
LISTINGS AND FLOOR PLANS
Fader Publishing lists floor plans and related pricing of residential units available for lease. Fader Publishing attempts to maintain accurate and up-to-date information regarding these floor plans, but cannot provide any assurance as to the accuracy of such information. All floor plan and pricing information is subject to change without notice.
INTELLECTUAL PROPERTY INFORMATION
Nothing contained on this Site or elsewhere should be construed as granting, expressly, by implication, estoppels, or otherwise, any license or right to use any Fader Publishing trademark or service mark without the express written permission of Fader Publishing. Fader Publishing’s marks may not be used in connection with any product or service that is not Fader Publishing’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Fader Publishing. Trademarks, company names and logos appearing on this Site that are not the property of Fader Publishing are the property of their respective owners, and the permission of such third parties must be obtained to use their trademark(s) or service mark(s).
TERMINATION POLICY FOR VIOLATION OF COPYRIGHT
Users of this Site are responsible for compliance with all copyright laws pertaining to information that they place on the Internet using Fader Publishing’s facilities. Use of Fader Publishing’s online services will be terminated for anyone who violates the copyright provisions of the United States Code on the second notice of violation by Fader Publishing. Information about the Copyright Act and copyright law can be found at http://lcweb.loc.gov/copyright. Fader Publishing will respond to complaints of copyright infringement as provided for in the Digital Millennium Copyright Act (“DMCA”). In accordance with the DCMA, Fader Publishing has designated the following individual (the “Designated Agent”) to receive notification of possible violations of copyrights:
Webmaster – Fader Publishing
205 North Stephanie St., Ste. D-177 Henderson Nevada, 89074
Fader Publishing will expeditiously remove and/or block access to material posted by a User upon notice of infringement of copyright provided to the Designated Agent by the copyright owner. The individual responsible for posting material suspected of copyright infringement will be promptly notified by the Designated Agent and will be provided with the following information:
Name and address of the complaining party;
Sufficient information to identify the copyrighted work or works; and
A statement from the copyright owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
If the individual receiving notice of improper use believes that the material in question is being used lawfully, a “Counter Notice” should be provided to the Designated Agent, and Fader Publishing will restore access within 14 days of the Counter Notice, unless the matter has been referred to a court. The Counter Notice must contain the following:
The individual’s name, address, phone number and signature;
Identification of the material and its location before removal;
A statement, under penalty of perjury, that the material was removed by mistake or misidentification on the part of the complainant; and
Consent to local Federal court jurisdiction.
FADER PUBLISHING’S RIGHTS
Fader Publishing may elect to electronically monitor the User submit areas and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of individual Users, Fader Publishing or its affiliates, directors, officers, employees, or other representatives. Fader Publishing is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, Fader Publishing may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. Fader Publishing reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Fader Publishing, or its affiliates, directors, officers, employees or other representatives, persons in the jurisdictions that may access the Site, or any rights of Fader Publishing or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Fader Publishing, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither Fader Publishing, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Site.
CONFIDENTIALITY OF USER COMMUNICATIONS
Fader Publishing reserves the right to cooperate fully with state, local, federal, and international officials in any investigation relating to any Content (including personal or private electronic communication transmitted on the Fader Publishing Site) or purported unlawful activities of any User.
INTERNATIONAL PRIVACY COMMITMENT
USE OF LINKS
DISCLAIMERS AND LIMITATION OF LIABILITY
The Site is provided for the convenience of its users on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, non-infringement, security or accuracy. Neither Fader Publishing, nor its affiliates, directors, officers, employees or other representatives, warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Site. No oral advice or written information given by Fader Publishing or its affiliates, directors, officers, employees, or other representatives, shall create a warranty; nor shall User rely on any such information or advice. Neither Fader Publishing nor any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a User on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Fader Publishing’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
If User has any questions relating to these Terms and Conditions, please contact Fader Publishing at firstname.lastname@example.org, or call 702.985.9911.
Effective Date: January, 01, 2012.