Terms and Conditions of Use

Terms and Conditions of Use
PadLink.com (the “Website”) is owned and operated by Imageri LLC (“Imageri”). All visitors of the Website that access any of its features or use any of the services and information included on the Website must adhere to these terms of use (“Terms of Use”). Persons who access or use this Website are referred to as a “user” and collectively as “users.” By accessing, using or submitting anything to the Website, user indicates user’s acknowledgement and acceptance of these Terms of Use and any changes thereto. If you do not agree to these Terms of Use, do not use or access the Website.

The PadLink.com Website
The Website is operated as an advertising service and is intended for use by landlords, owners and prospective renters of apartments and houses (collectively, “Apartments”) who are at least 18 years of age. Imageri is not a landlord, owner, broker, or agent and does not earn any commissions based on the rental of any Apartments listed on the Website. Further, users of the Website should be aware that Imageri is not (and shall not be deemed to be) a party to any transaction between or among landlords, owners or other renters of Apartments. Without limitation of the release and disclaimers set forth below, Imageri expressly does not (i) make any representation, express or implied, with respect to any Apartment advertised on the Website or any party which avails itself as a user of the Website, including, but not limited to, any advertiser of Apartments or users who are seeking to rent any Apartment; (ii) assume any responsibility for the accuracy or completeness of any information or statements which may be contained in any advertisement and related materials posted on the Website; (iii) ensure that any party to, or specific term of any transaction relating to any Apartment advertised on the Website will comply with the obligations of such party, or otherwise be responsible for any interaction by and among any users of the Website; or (iv) investigate or review any Apartment advertised on the Website or any user of the Website. All prospective renters of an Apartment are urged to inspect any Apartment as may be required or appropriate.

User Content
By submitting advertisements, content, photos or other data and information (“User Content”) to the Website, you hereby grant Imageri and its affiliates and service providers a royalty-free, worldwide, perpetual, irrevocable, fully transferable, fully sub-licensable, and fully paid right and license to copy, modify, publicly display, distribute, perform, create derivative works from, store and otherwise use and exploit all such User Content in connection with the Website and for related online and offline uses in any form, media, software, or technology of any kind whatsoever now existing or developed in the future. Your submission of any User Content to Imageri constitutes your representation and warranty to Imageri that (i) you have all necessary authority, rights and permissions to submit the User Content to Imageri for display on the Website and to grant the license set forth above; (ii) the User Content does not and will not infringe or misappropriate any copyright, trademark or other intellectual property right of any third party, including any rights of privacy or publicity and does not include personal or identifying information about another person without that person’s express consent; (iii) the User Content does not and will not violate any applicable federal, state or local law or regulation, including, but not limited to, fair housing laws or regulations (see below); (iv) the User Content relates to an actual Apartment for rent in accordance with the purposes for which the Website is operated, contains only such information as is necessary for such purposes, accurately describes information relating to the Apartment and does not misrepresent or falsely state the terms offered; and (v) the User Content does not contain vulgar, racist, obscene, defamatory, libelous or other objectionable statements, illustrations or depictions and otherwise complies with all standards established by Imageri for the posting of the User Content.

Without limiting the foregoing, Imageri reserves the right to establish general standards for the submission of User Content and use of the Website as well as to prohibit certain activities. The following are certain activities that are prohibited on or through the Website: (i) submitting User Content that contains or incorporates any computer viruses, computer code or routines designed to capture any information relating to Imageri or other users of the Website that access, view or use the User Content (or their respective computer systems), Trojan horses, time bombs or other computer programming routines intended to interfere with, intercept or expropriate any system data; (ii) using any device, software or routine that is designed to interfere with the ordinary operation of the Website or copy, display or distribute any User Content or other information on the Website without authorization from Imageri or otherwise in violation of these Terms of Use; and (iii) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code of any software used in connection with the Website. Further, in the case of the submission of any photographs or illustrations for display on the Website, it is the policy of Imageri that such photographs or illustrations depict only the advertised Apartment and relevant surroundings and not contain, depict or refer in any manner to any individual person or persons.

All users shall be solely responsible for the content of their respective User Content submitted. Although Imageri cannot and does not review all advertisements and related User Content submitted to the Website and is not responsible for the content in such advertisements and related User Content, users hereby acknowledge and agree that Imageri reserves the right, in its sole discretion, and without prior notice to any user, to remove, edit or delete any advertisement or other User Content submitted by the user, and to suspend or terminate a user’s continued access to or use of the Website, in the event Imageri believes or determines, in its sole discretion, that it is appropriate to do so, including, but not limited to, if Imageri determines that the advertisement and related User Content or the user’s access or use of the Website may (i) violate the Terms of Use in any manner; (ii) violate any applicable law or regulation; (iii) violate any rights of Imageri and its affiliates, other users, or any other third party; or (iv) constitute fraudulent or suspected fraudulent activity. All users agree that Imageri shall not be liable for any such termination or other action.

Compliance with Fair Housing Laws
Real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, which, among other things, prohibits discrimination in the sale, rental and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status and handicap/disability. The New York State Human Rights Law also prohibits discrimination in the use and occupancy of housing because of age, race, creed, color, national origin, sexual orientation, military status, sex or marital status. Other states and localities have enacted similar laws prohibiting discrimination. The Website will not knowingly accept any real estate advertising which is in violation of applicable law.

Restrictions on Use of Website Content; Intellectual Property Notice
The information and other content displayed on or otherwise made available to users of the Website, including, but not limited to, text, trademarks, graphics, pictures, and logos (collectively, the “Information”) is protected by copyright and other intellectual property laws. Except as otherwise expressly disclosed on the Website, users should assume that all Information on the Website is owned by Imageri, its affiliates or their respective licensors or suppliers. All rights are reserved. Subject to the terms set forth herein, users are granted a limited, non-exclusive, personal, non-transferable license to access, view, download and print a single copy of the Information, provided the user’s use of the Website is solely for non-commercial purposes. Except as expressly provided above, no part of this Website, including, but not limited to, materials displayed thereon and the underlying code, may be used, reproduced, copied, republished, modified, transmitted, or distributed in any form or by any means without the express written permission of Imageri. Requests regarding any such uses should be directed by email to info@padlink.com. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, service marks or other intellectual property displayed on this Website without the written permission of Imageri or such other owner thereof.
It is the policy of Imageri to respond to claims of intellectual property infringement and to process and investigate notices of alleged infringement and to take appropriate actions in connection therewith, including, but not limited to, as may be permitted or required under applicable intellectual property and other laws. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), notifications of alleged copyright infringement should be sent by email to info@padlink.com. To be effective, notification must be a written communication that includes substantially the following:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work or other intellectual property that is claimed to have been infringed;

(iii) Identification of the material that is claimed to be infringing and a description of where the material that is claimed to be infringing is located on the Website;

(iv) The name, address, telephone number and, if available, email address of the party providing the notice (the “Claimant”);

(v) A signed statement by the Claimant that Claimant has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(vi) A statement by the Claimant, made under penalty of perjury, that the information provided in the notice is accurate and that Claimant is authorized to act on behalf of the owner of any exclusive right that is allegedly infringed.

Copyrights
Copyright © 2017 Imageri LLC. All materials and contents contained in this Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Imageri or its content suppliers and are protected by United States and international copyright law. Imageri enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

Trademarks
Trademarks and other marks indicated on the Website are the exclusive property and trademarks of Imageri. Imageri reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act § 43). All other trademarks not owned by Imageri that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Imageri.

Disclaimer of Warranties; Limitation of Liability; Indemnification
YOU ACKNOWLEDGE AND AGREE THAT NONE OF IMAGERI OR ANY OF ITS AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS IS RESPONSIBLE FOR ANY ADVERTISEMENTS POSTED ON OR SUBMITTED TO THE WEBSITE AND THAT THIS WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ACCURACY. THE CONTENT OF ALL ADVERTISEMENTS AND RELATED USER CONTENT INVOLVING ANY APARTMENT POSTED ON OR SUBMITTED TO THE WEBSITE IS THE SOLE RESPONSIBILTY OF THE USER OF THIS WEBSITE SUBMITTING SUCH INFORMATION AND CONTENT, AND NONE OF IMAGERI OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OR OCCUPANT OF SUCH APARTMENT REGARDING THE CONTENT OF OR OTHERWISE IN CONNECTION WITH SUCH ADVERTISEMENTS AND RELATED USER CONTENT, THE EXISTENCE OR CONDITION OF THE APARTMENT, THE IDENTITY OR NATURE OF ANY LANDLORD OR OWNER OF SUCH APARTMENT OR ADVERTISER OF THE APARTMENT, AND THE LEASE AND OTHER TERMS RELATED TO ANY TRANSACTION INVOLVING THE APARTMENT AND ANY FEES PAYABLE IN CONNECTION THEREWITH. FURTHER, NONE OF IMAGERI OR ANY OF ITS AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ADVERTISER OF AN APARTMENT THAT SUCH ADVERTISER WILL LEASE THE APARTMENT OR RECEIVE BONA FIDE INQUIRIES FROM PERSONS SEEKING TO LEASE OR OCCUPY THE APARTMENT.

IMAGERI AND ITS AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS (OTHER THAN ANY USER OF THE WEBSITE), AND OTHER PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE (IMAGERI AND ALL SUCH PERSONS AND ENTITIES, COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR, AND NEITHER IMAGERI NOR ANY OF THE OTHER RELEASED PARTIES, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND LOST PROFITS), RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO ANY USER’S ACCESS TO, OR USE OF THE WEBSITE, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE WEBSITE, OR ANY INTERACTION BETWEEN SUCH USER AND OTHER PARTICIPANTS AND USERS OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY SUCH CLAIMS AND DAMAGES RESULTING FROM ANY USER CONTENT SUBMITTED TO THE WEBSITE, THE OCCUPANCY OR ANY OTHER TRANSACTION OR PROPOSED TRANSACTION INVOLVING AN APARTMENT, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, TYPOGRAPHICAL ERRORS, INABILITY TO USE MATERIALS IN THIS WEBSITE, AND ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH THIS WEBSITE, EVEN IF THERE IS NEGLIGENCE ON THE PART OF ANY OF THE RELEASED PARTIES OR AN AUTHORIZED REPRESENTATIVE OF ANY OF THE RELEASED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH ANY OF THESE TERMS OF USE, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEBSITE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages and, accordingly, some of the foregoing disclaimers limitations in this section may not apply to you. For the avoidance of doubt, for purposes of this section, in no event shall the “Released Parties” include any user of the Website.
As a condition to your use of the Website, you agree to indemnify and hold the Released Parties harmless from any third party claims and demands, and all related losses, damages, costs and expenses incurred by any of the Released Parties (including reasonable attorney fees and court costs), due to or arising out of any User Content submitted by you, any use of the Website by you, your violation of these Terms of Use or violation by you of any rights of another party.