Terms of Use

Please read the following Terms of Use (“Terms”) carefully. This agreement sets legally binding terms and conditions for use of redeggnyc.com (“Red Egg” or “Website”) as well as all services provided on the Website. By accessing this Website, you agree to be bound by these Terms.

Copyright

All rights, title and interests in this Website and any content contained herein is the exclusive property of, or used further to license by, Red Egg, except as otherwise stated. Unless otherwise specified, this Website is strictly for your personal use only. You may print, copy and download any information or portion of this Website only for such personal use. All materials on this Website, including but not limited to audio, images, software, text, and video clips (the “Content”), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws.

There are a number of proprietary logos, service marks, and trademarks found on this Website. By making them available on this Website, Red Egg is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Moreover, you may link to this Website, provided you do so in a way that is in good faith and in a proper manner and does not damage Red Egg’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

This Website must not be framed on any other site. You must not establish a link from any website that is not owned by you. Red Egg reserves the right to withdraw linking permission without notice.

Disclaimers

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Red Egg does not cause Red Egg to have any special responsibility to you. Although much care is taken to ensure the confidentiality of this Website’s content, Red Egg makes no warranty or representation regarding the confidentiality of any communication or information transmitted on this Website or of any site linked to this Website. You agree that neither Red Egg nor any other providers related to this Website are responsible for the confidentiality of any information. You likewise agree that neither Red Egg nor any providers related to this Website are responsible for any damages that may arise from disclosure of such information. Red Egg disclaims all warranties, express or implied, with regard to all services offered through this Website.

By accessing this Website, you represent that your activities in any way bearing upon your use of this Website are legal in the jurisdiction in which you use the Website. Red Egg is not responsible for any damages of any kind that result from your use of this Website. This includes loss of use of your computer or other equipment connected to this Website or of data that has been inputted or connected to this Website and/or that in any way arises out of your use of this Website.

Proper Use of Website

You agree that you will not, through any means, interfere or attempt to interfere with the proper functioning of this Website.

Red Egg and any other providers related to this Website are not responsible for communication malfunctions, failures, difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Red Egg and any other providers related to this Website are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with this Website, or by any technical or human error that may occur in the processing of any information related to the Website. Red Egg and any other providers related to this Website may cancel or modify transactions where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the transactions contain or resulted from a mistake or error.

Outbound Links

This Website may contain links and pointers to other Internet sites, resources, and sponsors of this Website. Links to and from this Website to other sites, maintained by third parties, do not constitute an endorsement by Red Egg of any third parties, the third-party sites or the contents thereof. Red Egg may also provide plug-ins and other tools to allow interaction between the Website and a third party site, such as a Social Media Site. Red Egg is not responsible in any way for such third-party sites or resources. Your use of such sites and resources will not be governed by these Terms of Use.

Governing Law

These Terms of Use and their interpretation will be governed by and construed under the laws of the state of New York, without regard to any conflict of laws. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to landmark realty, the use or access the website, or these terms of use is in the state or federal courts located in New York county, New York. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in New York county, New York for any such legal proceeding.

Indemnification

To the extent allowed by applicable law, you agree to defend, indemnify, and hold Red Egg and its employees not responsible for and against all claims, damages, costs, liabilities, judgments, costs and attorneys fees etc. that directly or indirectly are related to: (1) your use of this Website, (2) the use of a rental accommodation by you obtained through or by reason of your use of this Website, including any losses or damages arising as a result of your rental. This indemnification agreement will survive after your use of this Website.

Violation Of These Terms Of Use

Red Egg appreciates those who use this Website in good faith and allows for individuals to use it in a proper manner. However, Red Egg reserves the right at all times to disclose any information that Red Egg deems necessary to comply with any legal process or request from a government entity. If there is a law that requires the disclosure of information pertaining to a User or a third party, Red Egg may disclose such information when deemed necessary. Red Egg reserves the right to disclose information for fraud protection purposes.

By using this Website, you are acquiescing that Red Egg has the right to retain and/or store any communications on this Website or any communications through any services offered by Red Egg. Red Egg may disclose any communications or other kinds of transmissions for the purpose of enforcing these Terms of Use, protecting Red Egg, or responding to claims of any violations.

Should Red Egg deem it necessary, based on a violation of its Terms of Use, Red Egg may, without prior notice, terminate your access to this Website. Any violation of these Terms of Use is unlawful and may cause severe harm to Red Egg. Should monetary or injunctive relief be deemed necessary, you agree to provide such relief. Red Egg may take legal action against those who violate these Terms of Use. You agree that you will be responsible for payment of all reasonable attorneys’ fees and all costs of litigation in respect of any legal action brought for violating these Terms of Use. This is in addition to any other relief that the court should grant Red Egg. Once you have violated these Terms of Use, and Red Egg has terminated your access to this Website, Red Egg is not liable to you or to any third party for claims or losses in any way related to the termination of access to this Website.

Miscellaneous

The information contained in this Website is subject to change without notice.

Any feedback you provide at this Website shall be deemed to be non-confidential within Red Egg. Red Egg shall be free to use such information in good faith on an unrestricted basis.

Red Egg’s failure to respond to a breach of these Terms of Use shall not constitute a waiver and will not limit Red Egg’s rights in terms of that breach or any future breaches. No waiver by Red Egg will be enforceable unless it is in writing and signed by a duly authorized representative of Red Egg.

Red Egg retains the right to change these Terms of Use at any time, without any notice. Continued use of this Website after any changes are made to these Terms of Use is deemed as an acceptance of our amended terms.

These terms are effective and were last updated on August 20, 2013.