Terms and Conditions
of Use
These Terms and Conditions of Use and Privacy Policy (the "Terms and Conditions")
were last updated on July 26, 2007
Welcome to customresidency.com, which is published by Custom Residency LLC ("Custom
Residency"). As used in these Terms and Conditions, the term "Web site" refers to
the Web site located at customresidency.com as well as online services
(the "Service") that include, but are not limited to, our E-mail newsletters, our archives, our
premium online content, and our online discussion forums. Custom Residency does not control,
and is not responsible for, any third-party site to which the Web site links.
You agree that your use of the Web site is subject to the following Terms and Conditions.
These Terms and Conditions may be modified at any time and from time to time; the
date of the most recent changes or revisions will appear on this page. Continued
access to the Web site by you will constitute your acceptance of any changes or
revisions to the Agreement.
If you do not agree with the Terms and Conditions, please
do not use this Web site.
The materials contained on the Web site are provided by Custom Residency as a service to
you for your noncommercial, personal use on an "as is, as available" basis and may
be used by you for information purposes only. You acknowledge that you are using
the Web site at your own risk. Custom Residency assumes no responsibility for error or
omissions in these materials. Custom Residency makes no commitment to update the information
contained herein. Custom Residency makes no, and expressly disclaims any and all, representations
or warranties, express or implied, regarding the Custom Residency Web site, including without
limitation the accuracy, completeness, or reliability of text, graphics, links,
products and services, and other items accessed from or via the Web site, or that
the Web site will be uninterrupted, error-free, or free of viruses or other harmful
components. No advice or information given by Custom Residency or any other party on the
Web site shall create any warranty or liability.
Custom Residency does not warrant or make any representations regarding the use or the
results of the use of the materials at the Web site in terms of their correctness,
accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Custom
Residency or any of its parents, subsidiaries, affiliates, or their respective partners,
officers, directors, employees, or agents be held liable for any damages, whether
direct, incidental, indirect, special, or consequential, and including,
without limitation, lost revenues or lost profits, arising from or in connection with your
use, reliance on, or performance of the information on the Web site.
Custom Residency periodically schedules system downtime for maintenance and other purposes.
Unplanned outages also may occur. Custom Residency shall have no liability for the resulting
unavailability of the Web site or for any loss of data or transactions caused by
planned or unplanned system outages, or any outages of webhost providers or the
Internet infrastructure and network external to the Web site.
Copyright
All materials published on the Web site are protected by copyright laws, and may
not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast,
or otherwise exploited in any manner without the express written permission of either
Custom Residency or, in the case of content licensed by Custom Residency from third parties, the
entity that is credited as the copyright holder of such licensed content. You may
download freely accessible material (one copy per page) from this Web site for your
personal and noncommercial use only, without altering or removing any trademark,
copyright, or other notice from such material; you must pay a fee to access articles
from our premium online content.
In the event you believe that any content posted on the Web site infringes your
copyright or other intellectual-property rights, you may notify Custom Residency by providing
the information required by the Online Copyright Infringement Liability Limitation
Action of the Digital Millennium Copyright Act, 17 U.S.C. 512. It is our policy to respond to clear notices of alleged copyright infringement.
This describes the information that should be present in these notices. It
is designed to make submitting notices of alleged infringement to Custom Residency as straightforward
as possible while reducing the number of notices that we receive that are fraudulent
or difficult to understand or verify. The form of notice specified below is consistent
with the form suggested by the United States Digital Millennium Copyright Act (the
text of which can be found at the U.S. Copyright Office Web Site,
http://www.copyright.gov) but we will respond to notices of this form from
other jurisdictions as well.
Regardless of whether we may be liable for such infringement under local country
law or United States law, our response to these notices may include removing or
disabling access to material claimed to be the subject of infringing activity and/or
terminating subscribers. If we remove or disable access in response to such a notice,
we will make a good-faith attempt to contact the owner or administrator of the affected
site or content so that they may make a counter notification. We may also document
notices of alleged infringement on which we act. Please note that in addition to
being forwarded to the person who provided the allegedly infringing content, a copy
of this legal notice may be sent to a third-party partner for publication and annotation.
As such, your letter (with your personal information removed) may be forwarded to
Chilling Effects (http://www.chillingeffects.org)
for publication. You can see an example of such a publication at
http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
Infringement Notification for Custom Residency
To file a notice of infringement with us, you must provide a written communication
(by fax or regular mail -- not by email, except by prior agreement) that sets forth
the items specified below. Please note that you will be liable for damages (including
costs and attorneys' fees) if you materially misrepresent that a product or activity
is infringing your copyrights. Indeed, in a recent case (please see
http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information),
a company that sent an infringement notification seeking removal of online materials
that were protected by the fair use doctrine was ordered to pay such costs and attorneys
fees. The company agreed to pay over $100,000. Accordingly, if you are not sure
whether material available online infringes your copyright, we suggest that you
first contact an attorney.
To expedite our ability to process your request, please use the following format
(including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has
been infringed upon. This post must include identification of the specific posts,
as opposed to entire sites. Posts must be referenced by the permalink of the post.
For example, “The copyrighted work at issue is the text that appears on
http://johndoe.com/test/2006_01_01.html#2106.
2. Identify the material that you claim is infringing the copyrighted work
listed in item #1 above.
YOU MUST IDENTIFY EACH POST BY PERMALINK OR DATE THAT ALLEGEDLY CONTAINS THE INFRINGING
MATERIAL. The permalink for a post is usually found by clicking on the timestamp
of the post. For example, “The spot where my copyrighted work is published on is
http://customresidency.com/ShowArticle.aspx?ID=27”
3. Provide information reasonably sufficient to permit Custom Residency to contact
you (email address is preferred).
4. Include the following statement: "I have a good faith belief that use
of the copyrighted material described above on the allegedly infringing web pages
is not authorized by the copyright owner, its agent, or the law.".
5. Include the following statement: "I swear, under penalty of perjury, that
the information in the notification is accurate and that I am the copyright owner
or am authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed."
6. Sign the paper.
7. Send the written communication to the following address:
Custom Residency LLC
Attn: Custom Residency Legal Support, DMCA Complaints
5901 W. Behrend Dr. #2013
Glendale, AZ 85308
OR fax to:
(623) 594-7353, Attn: Custom Residency Legal Support, DMCA Complaints
Please note that a copy of each legal notice we receive is sent to a third-party
partner for publication and annotation. As such, your letter (with your personal
information removed) will be forwarded to Chilling Effects (http://www.chillingeffects.org)
for publication. You can see an example of such a publication at
http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
Counter Notification
The administrator of an affected site or the provider of affected content may make
a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium
Copyright Act. When we receive a counter notification, we may reinstate the material
in question.
To file a counter notification with us, you must provide a written communication
(by fax or regular mail -- not by email, except by prior agreement) that sets forth
the items specified below. Please note that you will be liable for damages (including
costs and attorneys' fees) if you materially misrepresent that a product or activity
is not infringing the copyrights of others. Accordingly, if you are not sure whether
certain material infringes the copyrights of others, we suggest that you first contact
an attorney. A sample counter notification may be found atwww.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following
format (including section numbers):
1. Identify the specific URLs or other unique identifying information of
material that Custom Residency has removed or to which Custom Residency has disabled access.
2. Provide your name, address, telephone number, email address, and a statement
that you consent to the jurisdiction of Federal District Court for the judicial
district in which your address is located (or Maricopa County, Arizona if
your address is outside of the United States), and that you will accept service
of process from the person who provided notification under subsection (c)(1)(C)
or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that
I have a good faith belief that each search result, message, or other item of content
identified above was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled, or that the material identified by the
complainant has been removed or disabled at the URL identified and will no longer
be shown."
4. Sign the paper.
5. Send the written communication to the following address:
Custom Residency LLC
Attn: Custom Residency Legal Support, DMCA Counter Notification
5901 W. Behrend Dr. #2013
Glendale, AZ 85308
OR fax to:
(623) 594-7353, Attn: Custom Residency Legal Support, DMCA Counter Notification
Account Termination
Some of Custom Residency Services do not have account holders or subscribers. For Services that
do, such as our forums, Custom Residency will, in appropriate circumstances, terminate repeat
infringers. If you believe that an account holder or subscriber is a repeat infringer,
please follow the instructions above to contact Custom Residency's DMCA agent and provide
information sufficient for us to verify that the account holder or subscriber is
a repeat infringer.
User Generated Content
Custom Residency, through its forums, provides users an opportunity to post content to
the Web site. Custom Residency does not necessarily endorse, support, sanction, encourage,
or agree with content posted by users. You shall not post or transmit any unlawful
threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane,
or indecent information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate and local, state, national, or international
law, or infringe upon another's copyright or trademark. You understand that all
information, data, text, software, music, sound, photographs, video, messages, or
other materials posted or transmitted in a Custom Residency forum, whether publicly posted
or privately transmitted, is the sole responsibility of the person from whom such
content originated. This means that you, and not Custom Residency,
are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the
Web site. Custom Residency does not and cannot review the content posted by users and is
not responsible for such content. However, Custom Residency shall have the right, but not
the obligation, to delete, move, or edit any content that violates this agreement
or is otherwise objectionable as determined by Custom Residency in its sole discretion
and without notice.
If you upload, post, or otherwise transmit content to the Web site, you acknowledge
that any such submissions may be edited, removed, modified, published, transmitted,
and displayed by Custom Residency in any medium now existing or hereinafter invented, and
for any purpose, including commercial uses. You waive any moral rights you may have
in having the material edited, removed, modified, published, transmitted, or displayed
in a manner not agreeable to you.
You agree to indemnify Custom Residency and its parents, subsidiaries, and affiliates,
and each of their respective partners, officers, directors, employees, and agents,
against, and to hold each of them harmless from, any and all claims and liabilities
(including attorney's fees) that may arise from your submissions,
from your unauthorized use of material obtained from the Web site, from your breach of these
Terms and Conditions, and from any such acts arising through your use of the Web site.
Third Party Content Provider Notices
Custom Residency text, photo, and graphic material shall not be published, broadcast, rewritten
for broadcast or publication, or redistributed directly or indirectly in any medium.
Neither the Custom Residency materials nor any portion thereof may be stored in a computer except
for personal and noncommercial use. Custom Residency will not be held liable for any delays,
inaccuracies, errors, or omissions therefrom or in the transmission or delivery
of all or any part thereof or for any damages arising from any of the foregoing.
Premium Online Content
Purchasers of premium online content are not permitted to share, distribute, sell,
or otherwise transfer their password to other individuals. The password is for the
purchaser's sole use. Significant or unusual use of a single password (including
but not limited to significant use of a single password on multiple computers) could
result in suspension of that password. Premium online content is protected by copyright
laws, and may not be reproduced, republished, distributed, transmitted, resold,
displayed, broadcast, or otherwise exploited in any manner without the express written
permission of Custom Residency.
Privacy
As a condition of using the Service, you agree to the terms of
the Custom Residency's Privacy Policy (http://customresidency.com/privacy.aspx),
which may be updated from time to time, as expressed in the most recent version
that exists at the time of your use. You agree that Custom Residency may access
or disclose your personal information, including the content of your communications,
if Custom Residency is required to do so in order to comply with any valid legal
process or governmental request (such as a search warrant, subpoena, statute, or
court order), or as otherwise provided in these Terms of Service and the general
Custom Residency Privacy Policy. Personal information collected by Custom Residency
may be stored and processed in the United States or any other country in which Custom
Residency LLC or its agents maintain facilities. By using the Service, you consent
to any such transfer of information outside of your country.
Featured Services
Custom Residency is committed to providing visitors to its site with as many features as possible.
The companies that Custom Residency selects as featured services providers offer
products and services that site visitors may find useful. Custom Residency in certain cases
may have a business relationship with certain third parties that it selects as a
featured service providers. Custom Residency is not responsible for the accuracy or reliability
of any advice or information given, or of any statement made, by the companies providing
featured services, or for the content, services, products, or advertising on or
available from their Web sites, or for the availability and operations of their
Web sites.
Representations and Warranties
You represent and warrant that (a) all of the information provided by you to Custom
Residency to participate in the Service is correct and current; and (b) you have
all necessary right, power and authority to enter into this Agreement and to perform
the acts required of you hereunder.
Termination; Suspension
Custom Residency may, in its sole discretion, at any time and for any reason, terminate
the Service, terminate this Agreement, or suspend or terminate your account. In
the event of termination, your account will be disabled and you may not be granted
access to your account or any files or other content contained in your account although
residual copies of information may remain in our system for some time for back-up
purposes. The general Terms of Service (including the section regarding limitation
of liability), shall survive expiration or termination.
Indemnification
You agree to hold harmless and indemnify Custom Residency , and its subsidiaries,
affiliates, officers, agents, and employees from and against any third-party claim
arising from or in any way related to your use of the Service, including any liability
or expense arising from all claims, losses, damages (actual and consequential),
suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
In such a case, Custom Residency will provide you with written notice of such claim,
suit or action.
Entire Agreement
This Agreement constitutes the entire agreement between you and Custom Residency
and governs your use of the Service, superseding any prior agreements between you
and Custom Residency. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other Custom Residency services,
affiliate services, third-party content or third-party software.
Waiver and Severability of Terms
The failure of Custom Residency to exercise or enforce any right or provision of
the Terms of Service shall not constitute a waiver of such right or provision. If
any provision of the Terms of Service is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other
provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising of or related to use of Custom Residency services or the Terms
of Service must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
Jurisdiction
You agree that any claim, action, or proceeding arising out of these Terms and Conditions,
or your use of the Web site, shall be governed by and construed in accordance with
the laws of the State of Arizona applicable to contracts to be wholly performed
therein, and any action based on or alleging a breach of this Agreement must be
brought in a state or federal court in Arizona. In addition, you agree to submit
to the personal jurisdiction of such courts without giving effect to its conflict
of laws provisions or your actual state or country of residence. Any claims, legal
proceeding or litigation arising in connection with the Service will be brought
solely in Maricopa County, Arizona, and you consent to the jurisdiction of such
courts.