Terms and Conditions
- you are 13 years of age or older;
- your use of the Sites as permitted is solely for your personal use and/or the use of your company or other legal entity;
- you will not share your userid and password, if applicable, with anyone else,
- you will not copy, disclose or distribute any part of the Sites or the Content (as defined below) or materials contained herein to any third party and/or in any medium without our prior written authorization;
- you will not alter or modify any part of the Sites other than as may be reasonably necessary to use the Sites for its intended purpose;
- you are not a competitor of Bespoke and are not using the Interactive and Digital Services for reasons that are in competition with Bespoke;
- you comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- you only provide accurate information and update it as necessary;
- you only use the Sites and Interactive and Digital Services in a professional manner;
- you do not act dishonestly by posting inappropriate, inaccurate, or objectionable Content;
- you do not harass, abuse or harm another person, including sending unwelcomed communications to others using the Interactive and Digital Services;
- you do not use or attempt to use another’s account without authorization, or create a false identity on the Sites;
- you do not take any action or upload, post, email, transmit or otherwise make available or initiate any Content that:
- falsely states, impersonates or otherwise misrepresents your identity;
- is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
- infringes upon any intellectual property or other proprietary rights;
- includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses, worms, or any other computer code, files or programs that harm, interrupt, delay, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Bespoke or any user of Bespoke;
- reverse engineers, decompiles, disassembles, deciphers or otherwise attempts to derive the source code for any underlying intellectual property used to provide the Interactive and Digital Services, or any part thereof;
- utilizes or copies information, content or any data you view on and/or obtain from the Sites to provide any service that is competitive with the Sites, in Bespoke’s sole discretion;
- falsely implies or states, directly or indirectly, that you are affiliated with or endorsed by Bespoke unless you have entered into a separate written agreement with Bespoke;
- adapts, modifies or creates derivative works based on the Sites or technology underlying the Interactive and Digital Services, or other users’ content, in whole or part;
- rents, leases, loans, trades, sells/re-sells access to the Sites or any Content therein, or the equivalent, in whole or part, unless you have entered into a separate written agreement with Bespoke;
- sells, sponsors, or otherwise monetizes the Sites, the Interactive and Digital Services, or any other service or functionality of Bespoke, unless you have entered into a separate written agreement with Bespoke;
- deep-links to the Sites for any purpose, (i.e. including a link to a Bespoke web page other than Bespoke’s home page) unless you have entered into a separate written agreement with Bespoke;
- removes any copyright, trademark or other proprietary rights notices contained in or on the Sites, including those of Bespoke and/or any of its users, advertisers, suppliers, clients and/or counterparties;
- removes, covers or otherwise obscures any form of advertisement included on the Sites;
- infringes or uses Bespoke’s brand, logos and/or trademarks in any business name, email, or URL or including such trademarks and/or logos except as expressly permitted by Bespoke;
- uses manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Sites;
- uses bots or other automated methods to access the Sites, add or download Content, send or redirect messages, or perform other activities through the Sites, unless explicitly permitted by Bespoke;
- accesses, via automated or manual means or processes, the Sites for purposes of monitoring their availability, performance or functionality for any competitive purpose;
- engages in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Sites and/or Interactive and Digital Services;
- attempt to or actually override any security component included in or underlying the Sites;
- engages in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Sites’ infrastructure, including, but not limited to, sending unsolicited communications to other users or Bespoke personnel, attempting to gain unauthorized access to the Sites, or transmitting or activating computer viruses on or through the Sites and/or Interactive and Digital Services; or
- interferes with or disrupts or games the Sites and/or the Interactive and Digital Services, including, but not limited to, any servers or networks connected to Sites and/or the Interactive and Digital Services.
In order to access some features of the Sites, you may have to create an account. You may never use another’s account without permission, or allow anyone else to use your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep any account passwords secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to us for the losses of Bespoke or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Sites in a manner that sends more request messages to the Bespoke servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Bespoke grants the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of creating publicly available searchable indices of the Sites’ materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Sites.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is owned by or licensed to Bespoke, or Bespoke believes it has a “fair use” right to use, all subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Bespoke and protected by U.S. and international copyright laws. All software used on the Sites is the property of Bespoke or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of using the Interactive and Digital Services or using the Sites as a resource. Any other use of materials on the Sites including, without limitation, reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, broadcast, display, sale, license, performance, exploitation, or any other purposes whatsoever, without the prior written permission of Bespoke, is strictly prohibited. Bespoke reserves all rights not expressly granted in and to the Sites and Sites’ materials and content. If you download or print a copy of the Sites’ materials or content for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any materials or content or enforce limitations on use of the Sites or the materials or content herein.
Bespoke does not grant you any right or license to use, copy or modify any of its trademarks. All trademarks and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Bespoke may not be used in connection with any product or service that is not offered by Bespoke, in any manner that is likely to cause confusion among users or consumers, or in any manner that disparages or discredits Bespoke. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Property and Product Information
The properties displayed on the Sites may not be for sale, and may not be currently available. All prices displayed on the Sites are for information only and subject to change at any time. Reference to any third party products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bespoke.
Responsibility for your Content
You are solely responsible for all content that you upload, download, post, email or otherwise transmit to or from the Sites, through our Interactive and Digital Services or otherwise, including the submission of product descriptions, ratings, reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, status updates, blog postings, forum postings, comments, questions, answers or any other materials whatsoever, whether similar or dissimilar to the foregoing (collectively, “Content”).
Your Use of Content on the Sites and Limitation of Liability
Bespoke provides the Sites and the Interactive and Digital Services and all other applications and services on the Sites as a forum only and on an “as is, where is” basis, with no representations whatsoever including, without limitation, of merchantability or fitness for a particular purpose. Bespoke is not liable for any statements, representations, or Content provided by its users, advertisers or any third party in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive and Digital Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive and Digital Services, is not controlled by Bespoke. Bespoke cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive and Digital Services, you may be exposed to Content that may be offensive, indecent or objectionable and Bespoke shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Bespoke be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive and Digital Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use of any Content or enforce limitations on use of the Sites or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Bespoke reserves all rights not expressly granted in and to the Content. When using the Interactive and Digital Services, you may not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
Your Content Submissions
By submitting Content to Bespoke, you represent and warrant that:
- you understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive and Digital Services and potentially Third Party Sites;
- all “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
- all Content that you post is accurate;
You also represent and warrant that any Content you submit:
- is not false, inaccurate or misleading;
- does not harm anyone, especially minors;
- does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- is not submitted for compensation or other consideration from any third party;
- is not unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
- does not contain any computer viruses, worms or other potentially damaging computer programs or files.
Bespoke does not endorse any user Content or any opinion, recommendation or advice expressed therein, and Bespoke disclaims all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to Bespoke through the Interactive and Digital Services:
- such Content is not confidential or proprietary and Bespoke has no obligation of confidentiality, express or implied, with respect thereto;
- Bespoke may have something similar to that Content already under consideration or development; and
- you are not entitled to compensation, payment or reimbursement of any kind for such Content from Bespoke under any circumstances unless you are otherwise notified by Bespoke in writing.
Guidelines for Interactive and Digital Services
You may not use our Interactive and Digital Services to impersonate any person or entity, including, without limitation, any Bespoke employee, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive and Digital Services to collect or store personal data about other users.
Third Party Content and Third Party Sites
Bespoke will provide content of third parties (“Third Party Content”) and links to Third Party Sites as a service to its users. Bespoke does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Bespoke and such third party. Bespoke does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Bespoke is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Bespoke through the Interactive and Digital Services, do not necessarily reflect the views of Bespoke.
If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply, and you are solely 100% responsible for any/all such rates and fees charged by your carrier.
Modification of Content
Reservation of Rights
Bespoke reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive and Digital Services and the Sites and to block or prevent your future access to and use of the Interactive and Digital Services and the Sites. Bespoke may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of Bespoke (and its employees), its users and the public.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
BESPOKE IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN “AS-IS, WHERE-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BESPOKE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BESPOKE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. INFORMATION INCLUDING, WITHOUT LIMITATION, PRICE AND/OR AVAILABILITY INFORMATION, IS SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
BESPOKE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
You agree to defend, indemnify, release and hold harmless Bespoke (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees and expenses, arising out of:
- your use of and access to the Sites and the Interactive and Digital Services;
- a breach of your representations and warranties set forth above regarding Content;
- your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or
- any claim that any Content you submitted caused damage to a third party.
Bespoke respects the intellectual property rights of others and expects its users to do the same. It is Bespoke’s policy, in appropriate circumstances and at its sole and absolute discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, you may file a notification of copyright infringement taking place on or through the Sites as set forth below. Bespoke will take whatever action it deems appropriate (in its sole and absolute discretion), which may include removal of the challenged material from the Sites.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- 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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Digital Millennium Copyright Act Complaints:
Bespoke Real Estate
903 Montauk Highway
Water Mill, Ny 11976
Attention: DMCA Compliance Officer
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the user.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
Digital Millennium Copyright Act Complaints:
Bespoke Real Estate
903 Montauk Highway
Water Mill, Ny 11976
Attention: DMCA Compliance Officer
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.