USE AT YOUR OWN RISK

Welcome to 3DREM.COM (The “Site”).  The Site is provided by 3d Real estate MANAGEMENT, LTD.  (Referred to As “3DM,” “We” or “Our”).  Please read THESE TERMS OF USE (“TERMS OF USE”) before accessing or using the Site.  BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.  THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE SITE.  THE SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

By accepting these Terms of Use through Your use of the Site, You certify that You are 18 years of age or older.  If You are under the age of 18 but at least 13 years of age You may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.  3DM does not knowingly collect personal information about children under the age of 13 without prior parental consent.  If You are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that You are fully responsible for his or her use of this Site, including all legal liability that he or she may incur.  If You do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site.
This material has been provided for informational purposes only and may only used for personal and non-commercial use.  IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE ON OR THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

INTELLECTUAL PROPERTY

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Content”) are intended solely for personal, non-commercial use.  No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software.  All software used on this Site is the property of 3DM or its suppliers and protected by U.S. and international copyright laws. The Content and software on this Site may be used only as a shopping resource.

Unless otherwise noted, all Content comprise the copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by 3DM, one of its affiliates, or by third parties who have licensed their materials to 3DM and are protected by U.S. and international intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of 3DM and is protected by U.S. and international copyright laws. 

3DM, its affiliates, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site.  Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of 3DM’s or any third party’s intellectual property rights.

All names and logos and all related product and service names, design marks and slogans (the “Marks”) are the trademarks or service marks of 3DM, its affiliates, or third parties. No license is granted in connection with the Marks contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner.

MODIFICATIONS

We reserve the right, at any time, in our sole discretion, to change the terms of this Agreement. Changes will be posted on the Site and become effective immediately.  If You use the Site after they become effective You agree to be bound by the changes. For this reason, we recommend that You review these Terms of Use whenever You use this Site.
INFORMATION SECURITY

Unless written permission is granted by 3DM, You agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site.  Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.  You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for You; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. 3DM reserves the right to investigate occurrences that may involve such violations, and 3R Real Estate may involve and/or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from 3DM on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

NO UNLAWFUL USE
As a condition of Your use of this Site, You warrant to 3DM that You will not use this Site for any purpose that is unlawful or prohibited by these terms and conditions.
THIRD PARTY SITES
References on this Site to any names, Marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply endorsement, sponsorship or recommendation of the third party, its information, products or services. 3DM is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites.  If You decide to link to any such third party sites, You do so entirely at Your own risk.

SUBMISSIONS

If You post information to chat, boards, contests, promotions, creative suggestions, ideas, notes, drawings, concepts, or other information (each, a “Submission”), it shall be deemed our property.  We shall exclusively own all now known or hereafter existing rights to the Submissions and shall be entitled to unrestricted use of the information for any purpose whatsoever, commercial or otherwise, without compensation to You or any other provider. 

We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Submission you submit for any purpose whatsoever, without restriction and without compensating you in any way.  We are not and shall not be under any obligation (1) to maintain any Submissions in confidence; (2) to pay to user any compensation for any Submission; or (3) to respond to any Submission. You agree that any Submissions submitted by You to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.  You further agree that no Submissions submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”

3DM does not regularly review posted Submissions but reserves the right (but not the obligation) to do so.  You expressly agree that 3DM may monitor, edit, or remove any Submissions submitted to the Site. You grant 3DM the right to use the name that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions you submit. You are and shall remain solely responsible for the content of any Submissions you make and you agree to indemnify 3DM and its affiliates for all claims resulting from any Submissions you submit.  3DM and its affiliates take no responsibility and assume no liability for any Submissions by You or any third party.

CONDUCT

You shall not use the Site, or knowingly condone use of this Site by others, in any manner that:

• is or attempts to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
• impersonates any third party or forges information;
• adversely affects 3D Real Estate Management, Ltd., affiliates, or causes duress, distress or discomfort to us or anyone else in any way;
• is or attempts to be associated with the transmission of  junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”, or transmit, distribute or upload material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful material.
• violates any laws, regulations, judicial or governmental order, or violates or infringes upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; facilitates unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or uses the Site in any manner that violates or is inconsistent with the Terms of Use;
• modifies, disrupts, impairs, alters or interferes with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
• collects, obtains, compiles, gathers, transmits, reproduces, deletes, revises, views or displays any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or Your use of the Site.

 

NO WARRANTY
THE SITE IS OFFERED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, 3DM AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, 3DM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. 

WITHOUT LIMITING THE FOREGOING, 3DM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION, WIHTOUT ERROR, OR FREE OF VIRUSES OR ANY OTHER MALWARE. 

WITHOUT LIMITING THE FOREGOING, 3DM DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF ANY RETAILER OR ITEM DESCRIPTION APPEARING ON THIS SITE.  ALL DESCRIPTIONS ORIGINATE FROM THE RETAILER OR MANUFACTURER AS THE CASE MAY BE.

WITHOUT LIMITING THE FOREGOING, 3DM DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE INFORMATION CONTAINED ON THIS WEBSITE OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

3DM ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE OR THE SITE ITSELF. 

INDEMNIFICATION

By using or accessing this Site, you agree to indemnify, defend and hold 3D Real Estate Management, Ltd. and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees harmless from and against any and all liabilities and costs (including attorneys fees and litigation expenses) in connection with any claim arising out of any breach by You of these Terms of Use or claims arising from or related to Your use of the Site. 

LIMITATIONS ON OUR LIABILITY
UNDER NO CIRCUMSTANCES, SHALL 3DM OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF 3DM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF 3DM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

PRIVACY

3DM’s use of any personal data you submit to the Site is governed by the Site’s privacy policy available at available at http://www.3DREM.com/contact/privacy/. Please review our privacy policy, which also governs your visit to 3DREM.com, to understand our practices.

DCMA NOTICE

Procedure for Making and Responding to Claims of Copyright Infringement

It is the policy of 3DM to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to our DMCA Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our DMCA Agent.  Please send all notifications of claimed copyright infringement to the DMCA Agent listed below even if you believe that a third party did not post copyrighted material. 

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to our DMCA Agent that includes the following:

• 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 specific 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 sufficient to permit 3DM to locate the material;
• Information sufficient to permit 3DM 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; and
• A statement that the information in the notification is accurate and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Our DCMA Agent for notice of claims of copyright infringement can be reached as follows:

By phone:  Information 216.641.1400

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site. Upon receipt of a valid notification of alleged copyright infringement by a third party, 3DM shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by 3DM, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with our DMCA Agent at the address listed above. To be effective, a counter notification must be a written communication provided to the DMCA Agent that includes the following:

• A physical or electronic signature;
• 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 you have 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; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

 

If 3DM receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that 3DM has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our system.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by 3DM, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

GENERAL                             

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them.  Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of 3DM to act with respect to a breach of these Terms of Use by You or others does not constitute a waiver and shall not limit 3DM’s rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under Ohio law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of Ohio and you consent to the exclusive personal jurisdiction of such courts.

This Site can be accessed from countries around the world other than the United States.  3DM makes no representation that the content on this Site is appropriate or available for use in other locations.  Access and use of this Site from areas where its content is illegal is strictly prohibited.  Your use of this Site is at Your own risk and You are responsible for compliance with all laws in Your jurisdiction.