Legal Notices and Privacy Statement

PRIVACY POLICY

One QPS Owner, L.L.C. and Stonehenge Management LLC (hereinafter together referred to as “Stonehenge,” “us,” our” or “we”) is committed to protecting your privacy. Our privacy policy, which applies to all Users of our Website, App and Service, is designed to explain the information we collect and how we use it to provide our services and give Users a better experience (“Privacy Policy”). Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Use. This Privacy Policy is part of, and incorporated into, the Terms of Use.

By accessing and using the Website, App and/or Service, you consent to our collection, storage, use and disclosure of your personal information and other information as described in this Privacy Policy.

  1. Types of Information We Collect

    We collect both “Personal Information” and “Anonymous Information” about our users. Personal Information is information that can be used to contact or identify you, such as your full name, email address, phone number, street address and real estate license number, as well as information that is linked to such information. Anonymous Information is information that cannot be used to contact or identify you and is not linked to information that can be used to do so. It includes passively collected information about your activities on the Website, App and Service, such as usage data, to the extent that information is not linked to your Personal Information.

    Users can access and browse a majority of the Website and download the App without disclosing Personal Information, although, like most website and mobile app providers, we passively collect certain information from your devices, such as your IP address, browser information, unique device identifier (“UDID”) and/or your mobile operating system. We also collect geolocation data from Users that download and open the App.

    1. Voluntarily submitted information

      We collect information that you voluntarily provide to us during your use of the Website, App and/or Service, including when you subscribe to our broker listings, enter information in the App, and schedule a tour of an available apartment.

    2. Information collected via technology

      • We may collect information from your use of the Website, App and Service, including your hardware model, browser type, operating system, Internet Protocol (IP) address and domain name. If you are using a mobile device, Stonehenge may also receive your UDID, or another unique identifier, and mobile operating system. We may correlate this information with other Personal Information we have about you. We may also use tools such as cookies to gather information as well. “Cookies” are small pieces of information that a website sends to your device while you are viewing the website. We use both session Cookies (which expire once you close your web browser), persistent Cookies (which stay on your device until you delete them) and third party Cookies (which are placed by a website from a domain other than ours) to provide you with a more personal and interactive experience. Persistent Cookies can be removed by following web browser help file directions. A “Pixel” is a snippet of code that collects information about a visitor’s behavior on a website, and then sends the information back to the originating platform to be processed and reported.
      • Geolocation data: If you access the Service through a mobile device, we may access, collect, monitor and/or remotely store “geolocation data.”
      • We use third party services, such as Google Analytics and Google Search Console, to track and analyze online behavior data of Users. In particular, we utilize features of Google Analytics called “Remarketing,” “Demographics and Interest Reporting” and “Ad Words.” These services enable us to use Google Analytics’ third-party audience data help inform, optimize, target and serve ads based your visits to our Website and App. We do this to better understand how you use the Website, App and Service, with a view to offering improvements for all Users, and to tailor our business and marketing activities accordingly.
      • If you would like to opt out of Google Analytics, please download and install the browser plugin at http://tools.google.com/dlpage/gaoptout?hl=en. Users can also opt out of third party interest based advertising by visiting the Network Advertising Initiative’s deactivation website at www.networkadvertising.org/choices/.
  2. How We Use Your Information

    1. Personal Information

      We may use your Personal Information for the following representative purposes:

      • Email brokers with current apartment listings
      • Send communications and administrative emails
      • Process and act on information uploaded to our Resident Portal and/or App
      • Schedule an apartment tour for you
      • Personalize and tailor the features, performance and support of the Website, App and Service
      • Send you promotional/marketing information, newsletters, offers or other information from us or on behalf of our sponsors or partners
      • Perform internal operations, including fraud detection
      • Analyze, benchmark and conduct research on user data and interactions with the Service
    2. Anonymous Information

      We may use Anonymous Information for the following representative purposes:

      • Perform internal operations on the Website and App
      • Improve the Website, App and Service and customize the user experience
      • Aggregate the information collected via Cookies and Pixels to use in statistical analysis to help us track trends and analyze patterns
  3. How We Share and Disclose Information

    know how important it is to keep your information confidential. We will not rent, sell or share your Personal Information with third parties except as specifically approved by you at the time of disclosure or under the circumstances described in this Privacy Policy.

    If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Privacy Policy, you may choose not to use the Website, download the App, or provide your Personal Information at any time.

    In addition to using the information collected by us for the purposes described in Section 2 above, we may also share your information as described below. Please review our sharing policy closely, especially with respect to your Personal Information.

    In addition, by downloading and using the App, you agree to allow us to share your geolocation information.

    1. Service Providers

      We share Personal Information with vendors, consultants and other third-party service providers who perform services on behalf of – and at the request of – Stonehenge, including without limitation, companies that provide email services and host the Website, App and Service. Stonehenge has selected companies who maintain high standards with respect to privacy and agree to use the Personal Information only to perform specific services on behalf of Stonehenge and in accordance with the terms and conditions of this Privacy Policy.

    2. Compliance with Laws, Law Enforcement and Safety

      We may disclose information we have collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend Stonehenge’s, or a third party’s, rights or property.

    3. Aggregated Anonymous information

      Aggregated Anonymous Information is the combination of your Anonymous Information with the Anonymous Information of other Users (“Aggregated Anonymous Information”). Aggregated Anonymous Information does not allow you to be identified or contacted. We may share such Aggregated Anonymous Information with third parties.

    4. Business transactions

      We may share all or some of your Personal Information with any of our subsidiaries, joint venturers, or other companies under common control, in which case we will require them to honor this Privacy Policy. Additionally, in the event we undergo a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Privacy Policy.

  4. Your Choices

    submitting Personal Information, you consent to receive certain communications from us. You may modify or opt out of receiving messages sent for marketing purposes, or certain other communications, by following the unsubscribe instructions in such messages. Please note that despite any indicated marketing preferences, we may send you administrative emails regarding the Website, App or Service, including, for example, notices of updates to our Privacy Policy.

  5. Updating Your Personal Information

    You may revise your Personal Information by contacting us directly at privacy@stonehengenyc.com. However, please note that we may be required to maintain certain Personal Information, or to maintain certain Personal Information for a period of time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete any information, it will be deleted from our active database, but may remain in our archives. We may retain your information for fraud detection or similar purposes. Note that if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot compel the deletion or modification of any such information by the parties to whom we have made those disclosures.

  6. Children

    This Website, App and Service are not directed to or intended for children under 13 years of age. We do not knowingly solicit, collect or maintain information from those we actually know are under 13, and no part of our Website is targeted to attract anyone under 13. We also do not send e-mail correspondence to anyone who advises that they are under the age of 13. If we later obtain actual knowledge that a User is under 13 years of age we will take steps to remove that User’s Personal Information from our systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at privacy@stonehengenyc.com so that we may delete and remove such information from our system.

  7. Security and Data Retention

    We are very concerned with safeguarding your information. We employ all reasonable administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email and/or conspicuous posting on the Website in the most expedient time possible and without unreasonable delay, insofar as it is consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Although guaranteed security does not exist either on or off the Internet, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations. Your consent to such purpose remains valid after termination of our relationship with you.

  8. Changes to Our Privacy Policy

    We reserve the right to change, modify, add or remove portions of this Privacy Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is adverse and materially different from the uses described in this Privacy Policy without giving you an opportunity to opt out. Your continued use of the Website, App and Service after this Privacy Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Privacy Policy, as amended. We encourage you to bookmark this webpage and review this Privacy Policy regularly.

  9. California Privacy Rights

    Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of Personal Information, such as name, address, e-mail address, and the type of services provided to that individual, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. To request the above information, California residents can email us at privacy@stonehengenyc.com, Attn: General Counsel.

  10. Contact Us

    If you have any questions regarding our Privacy Policy, you can contact us via email at privacy@stonehengenyc.com or write to us at Attn: General Counsel, Stonehenge Management LLC, 1675 Broadway, New York, NY 10019.

TERMS OF USE

These “Terms of Use” (“Terms”) explain the contractual relationship between you and One QPS Owner, L.L.C. and Stonehenge Management LLC (hereinafter together referred to as “Stonehenge,” “us,” our” or “we”), regarding your use of, and access to, our website located at 1qpstower.com (“Website”) and/or our mobile application called “Stonehenge NYC” (“App”), and the features and functionality thereof (the “Service”). These Terms, which include our Privacy Policy, govern your access to and use of the Website, App, Service and Stonehenge Content (as defined below), and constitute a binding legal agreement between you and Stonehenge.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE, APP OR SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE OR APP, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

  1. Service

    The Website, App and Service enable persons (“Users”) to access information about our company and its real estate listings and related services.

  2. License

    • Grant. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Website and App on a computer, tablet device or mobile phone that you own or lawfully control. If you have accessed or downloaded the App from any “app” store or distribution platform, such as the Apple App Store or Google Play (“App Provider”), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only, and we are solely responsible for the App; (ii) the App Provider has no obligation to furnish any maintenance and support services for the App; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and (v) you will comply with all applicable third-party terms of service when using the App.
    • Ownership. All materials contained on, in, or available through the Website, App and Service, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials (“Stonehenge Content”) are protected by copyright, trademark, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof associated with the Stonehenge Content, whether registered or not, are our sole property or the property of third parties. The Stonehenge Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website, App or Service, any ownership rights in the Stonehenge Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website, App or Service, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.
    • Limitations. You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website, App or Service. You may not copy (except as expressly permitted by these Terms) or publish the Website or App for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website, App or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website and App, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website, App or Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.
  3. Eligibility

    You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms, and (iii) you will abide by all these Terms.

  4. Jurisdiction

    The Website and Service are controlled and operated by Stonehenge from the United States and are not intended to subject Stonehenge or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Stonehenge does not represent or warrant that the Website or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.

  5. Access

    There is no charge to access and browse the Service. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Service, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.

  6. Resident Portal and App

    If you are a resident of a Stonehenge building, and wish to log-in to our portal to submit a maintenance repair and/or view the status of repairs, authorize visitors to access your building, sign up for notifications when packages are delivered, view events and RSVP to same, update your contact information and notification preferences, receive notifications of building maintenance and issues, obtain contact information for building resources, or join a community forum with other Stonehenge residents, you may do so on the Stonehenge NYC website (https://www.stonehengenyc.com/) by clicking on the “Residents” tab and then on the “Resident Portal” button, or by downloading and opening our App. If you are a new user, you will need to click the “New User/Reset Password” button to create an account. If you are returning user, you can log-in to the Resident Portal or App with the email address you registered with Stonehenge and your password.

  7. Applications

    If you would like to submit an application for one of our apartments, you may do so via the Stonehenge NYC website (https://www.stonehengenyc.com/) by clicking on the “Apply Now” tab. Please note that you will be redirected to a website managed and provided by On-Site.com. (the “On-Site Website”). The On-Site Website is provided by a third party and is governed by its own terms of use and privacy practices. We encourage you to review these carefully before proceeding to submit an application.

  8. Rent Payment

    If you would like to pay your rent online, you may do so via the Stonehenge NYC website (https://www.stonehengenyc.com/) by clicking on the “Apply Now” tab and then the “Pay Your Rent” button. Please note that you will be redirected to a website managed and provided by Clickpay, a division of NovelPay LLC (the “Clickpay Website”). The Clickpay Website is provided by a third party and is governed by its own terms of use and privacy practices. We encourage you to review these carefully before proceeding to submit a rent payment.

  9. Rules of Conduct

    In connection with your use of the Service, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Service any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Service for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Service; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Service, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Service in any manner that in our sole judgment, adversely affects the performance or function of the Service or interferes with the ability of other Users to access or utilize the Service; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.

  10. Suspension

    We reserve the right to suspend or cease providing the Website, App and/or Service, with or without notice, and we shall have no liability or responsibility to you if we do so.

  11. Third Party Content

    The Website, App and Service may contain links to other websites, or content including graphics and photos, that are owned or operated by third parties and may be of interest to our Users (collectively, “Third Party Content”). Stonehenge does not investigate or monitor Third Party Content, and therefore is not responsible or liable for the same. When you use a link to go from our Website or App to a third-party website, these Terms and our Privacy Policy are no longer in effect. We encourage users to read and consider the policies of these other websites and apps before using them.

  12. Disclaimer of Warranties

    THE WEBSITE, APP AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, APP PROVIDERS AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE, APP OR SERVICE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE, APP OR SERVICE; AND (iii) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, APP OR SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE, APP OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE, APP OR SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE, APP AND SERVICE.

  13. Limitation of Liability

    IN NO EVENT WILL STONEHENGE OR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, APP OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE, APP OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL STONEHENGE’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE, APP OR SERVICE EXCEED THE AMOUNT OF $25.00 U.S. DOLLARS.

  14. Indemnification

    By using the Website, App or Service, you agree to defend, indemnify and hold us, our affiliates, partners, App Providers, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, App or Service or the creation, placement or transmission of any message, information, software or other materials through the Website, App or Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.

  15. Governing Law

    These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms.

  16. Entire Agreement

    These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Website, App and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

  17. Copyright Infringement

    We respect the intellectual property rights of others, and require that people who use the Website, App and Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please see our DMCA Policy.

  18. Assignment

    You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

  19. Amendment to Terms

    Stonehenge may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website or on the App. You are responsible for regularly reviewing these Terms. Your continued access and use of the Website, App and Service following such posting constitutes your consent to be bound by any amended Terms.

  20. General

    Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via (i) email to info@stonehengenyc.com, Attn: General Counsel, or (ii) by writing to us at Attn: General Counsel, Stonehenge Management LLC, 1675 Broadway, 21st Floor, New York, NY 10019.

    If you have any questions regarding these Terms or the Website, App or Service, please contact us at info@stonehengenyc.com

DMCA POLICY

and One QPS Owner, L.L.C. and Stonehenge Management LLC (hereinafter together referred to as “Stonehenge,” “us,” our” or “we”) has adopted the following procedures to respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). The address of our designated agent to receive notification of infringement (“Designated Agent“) is listed at the end of this policy.

It is our policy to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our users; and (2) remove and discontinue service to repeat offenders.

  1. How to Report Copyright Infringement

    If you believe that material or content residing on or accessible through the Website infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    2. Identification of works or materials being infringed;
    3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
    4. Contact information about the copyright owner including address, telephone number and, if available, email address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;
    5. A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
  2. Upon Notification to the Designated Agent

    It is our policy:

    1. to remove or disable access to the infringing material;
    2. to notify the user that we have removed or disabled access to the material; and
    3. that repeat offenders will have the infringing material removed from the system and that we will terminate such user’s access to the Website.
  3. Counter-Notice by Content Provider

    If the user believes that the material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:

    1. A physical or electronic signature of the user;
    2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
    3. A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
    4. User’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the federal court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Stonehenge is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

    If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.

    Please contact our Designated Agent at the following address: Stonehenge Management LLC, Attn: DMCA Designated Agent & General Counsel, 1675 Broadway, 21st Floor, New York, NY 10019 or email: dmca@stonehengenyc.com.

    You hereby acknowledge that if you fail to comply with the requirements set forth above, your DMCA notice may not be valid.