TERMS OF SERVICE
1. Acceptance of Terms of Service
HomeAndTell is provided free of charge to you (unless otherwise indicated), by HomeAndTell and its subsidiaries and affiliates that utilize these Terms of Service ("HomeAndTell"). HomeAndTell is defined as all English language United States based web sites, web pages and channels owned controlled and/or operated by HomeAndTell where these Terms of Service are posted. Although portions of HomeAndTell may be viewed simply by visiting the web site, in order to share home and projects, access the message boards and/or receive additional services from HomeAndTell, you need to sign on as a guest or register as a member of HomeAndTell. If you sign on to HomeAndTell as a guest, these Terms of Service will govern your use of the HomeAndTell, including access to message boards and other features. BY SIGNING ON TO HOMEANDTELL AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product digital product, event or course govern your use of HomeAndTell and all services, products, digital products events and courses provided in connection with HomeAndTell, including but not limited to any course, service, product, digital product, events or personal website provided to you by HomeAndTell. HomeAndTell shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter HomeAndTell. The Terms of Service for your continued use of HomeAndTell will be available throughout HomeAndTell. Please check these areas before using HomeAndTell to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with HomeAndTell immediately by (i) notifying HomeAndTell of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use of HomeAndTell. Your continued use of HomeAndTell will signify your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of HomeAndTell, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
From time to time HomeAndTell may supplement these Terms of Service with additional terms pertaining to specific content, services, products. digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on HomeAndTell to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
2. Registration Information/Privacy Policy
When you register for the HomeAndTell Network, you will be required to provide HomeAndTell with the following information: username, email address, password. gender, age, country and zip code.
Any information provided by you or gathered by HomeAndTell or third parties during any visit to the HomeAndTell Network shall be subject to the terms of HomeAndTell's Privacy Policy, which are incorporated herein by reference.
HomeAndTell reserves the right to (i) terminate your membership and access to any specific content, services, digital products, products courses or events, and (ii) remove your personal HomeAndTell website, if HomeAndTell learns that you have provided HomeAndTell with false or misleading registration information.
3. Termination
HomeAndTell reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the HomeAndTell Network and/or any other service, specific content, digital products, products, courses or events, provided to you by HomeAndTell, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of the HomeAndTell Network
HomeAndTell may modify or discontinue HomeAndTell, or any portion thereof or any services, digital products, products, events or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
5. Modifications of these Terms of Service
HomeAndTell may modify these Terms of Service from time to time in its sole discretion. Each time you log on to HomeAndTell, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at HomeAndTell's discretion) to provide you notice of such changes to any e-mail address you have provided to HomeAndTell.
6. Content of Messages
You alone are responsible for the content of your messages, and any consequences of such messages. HomeAndTell reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. HomeAndTell is to be used by you for your personal use only. Commercial uses of HomeAndTell are strictly prohibited unless prior written consent from HomeAndTell has been granted. You agree that you will not use HomeAndTell for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
You further agree not to use HomeAndTell to send or post on message boards or any place on the HomeAndTell Network, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on HomeAndTell. HomeAndTell reserves the right to delete any such material from HomeAndTell. HomeAndTell will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of HomeAndTell. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use HomeAndTell to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) HomeAndTell permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to HomeAndTell, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on HomeAndTell is not protected by Rights rests with you. You acknowledge that HomeAndTell may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of HomeAndTell, including message boards, forums, home or project tours, articles, contests, personal websites and chat rooms, you grant HomeAndTell a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the HomeAndTell Network retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, ARTICLES, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE HOMEANDTELL NETWORK, YOU HEREBY EXPRESSLY PERMIT HOMEANDTELL TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY HOMEANDTELL'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
Advice and Plans: HomeAndTell and its employees, consultants, volunteers, and guest experts and members may post how-to and instructional advice regarding home renovations, landscaping, decorating, design, and the like. HomeAndTell.com is not responsible for any damages or liabilities that may occur as a result of any of the advice or content on the site. Members are advised to seek expert advice and use any plans or advice from HomeAndTell.com at their own risk.
7. Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify HomeAndTell of any unauthorized use of your registration or password.
8. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by HomeAndTell infringe your copyright, you (or your agent) may send HomeAndTell a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow HomeAndTell to locate the material on HomeAndTell; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send HomeAndTell a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: christine [AT] HomeAndTell [DOT] com. HomeAndTell suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF HOMEANDTELL, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH HOMEANDTELL, IS AT YOUR SOLE RISK. HOMEANDTELL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOMEANDTELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
HOMEANDTELL MAKES NO WARRANTY THAT HOMEANDTELL WILL MEET YOUR REQUIREMENTS, OR THAT HOMEANDTELL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HOMEANDTELL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HOMEANDTELL NETWORK. HOMEANDTELL WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF HOMEANDTELL.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HOMEANDTELL IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT HOMEANDTELL DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH HOMEANDTELL. HOMEANDTELL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER HOMEANDTELL NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN HOMEANDTELL, ARE ENGAGED IN RENDERING LEGAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. HOMEANDTELL ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
HOMEANDTELL SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN HOMEANDTELL, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN HOMEANDTELL IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOMEANDTELL OR THROUGH HOMEANDTELL, ITS EMPLOYEES, CONSULTANTS, VOLUNTEERS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
HOMEANDTELL MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH HOMEANDTELL OR ANY TRANSACTIONS ENTERED INTO THROUGH HOMEANDTELL.
HOMEANDTELL IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE HOMEANDTELL. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH HOMEANDTELL MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST HOMEANDTELL WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, HOMEANDTELL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. HOMEANDTELL SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE HOMEANDTELL NETWORK, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY HOMEANDTELL AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON HOMEANDTELL, YOU WAIVE ANY CLAIMS AGAINST HOMEANDTELL FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
10. Limitation of Liability
HOMEANDTELL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE HOMEANDTELL OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH HOMEANDTELL OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF HOMEANDTELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Third Party Services
You may order services or merchandise through HomeAndTell from other persons not affiliated with HomeAndTell ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. HomeAndTell makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider HomeAndTell nor will HomeAndTell be construed as a party to such transactions, whether or not HomeAndTell may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
HomeAndTell may include special routing icons which may be located within HomeAndTell, the activation of which will allow you to access and learn more about HomeAndTell and other services provided by HomeAndTell whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
12. Promotional Messages
HomeAndTell and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. HomeAndTell makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither HomeAndTell nor such third party shall have any liability with respect thereto.
13. Indemnification
You agree to indemnify and hold each of HomeAndTell, its parents, subsidiaries, affiliates, officers, directors,employees and volunteers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of HomeAndTell, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
14. E-Mail Message Storage
HomeAndTell assumes no responsibility for the deletion of or failure to store e-mail messages.
15. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions. By registering for or entering HomeAndTell, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California.
16. Remedies for Breach of these Terms by You
In the event that HomeAndTell determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for HomeAndTell, HomeAndTell reserves the right to (i) warn you via email (to any email address you have provided to HomeAndTell) that you have violated these Terms of Service; (ii) delete any or all content provided by you or your agent(s) to HomeAndTell; (iii) discontinue your registration(s) with HomeAndTell; (iv) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through HomeAndTell; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which HomeAndTell deems to be appropriate.
If your registration(s) with or ability to access HomeAndTell, and/or any other service, product, content, course, event, tool or digital product provided to you by HomeAndTell is discontinued by HomeAndTell due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of HomeAndTell, then you agree that you shall not attempt to re-register with or access HomeAndTell and/or any other digital product, course content or service provided by HomeAndTell, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, HomeAndTell reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
17. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
HomeAndTell may assign its rights and obligations under these Terms of Service and upon such assignment HomeAndTell may be relieved of any further obligation hereunder.
You represent to HomeAndTell that you have the authority to register with or visit HomeAndTell according to these Terms of Service. HomeAndTell does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit HomeAndTell.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on HomeAndTell by HomeAndTell) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of HomeAndTell, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
HomeAndTell reserves the right to terminate free access to HomeAndTell including any or all content, services, digital products, products, events, courses or tools with or without notice to you. HomeAndTell reserves the right (at HomeAndTell's discretion) to provide you with notice of such change by prominently posting a notice on HomeAndTell and/or sending written notice to you at any e-mail and/or post office address you have provided to HomeAndTell. Once free access is terminated HomeAndTell may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the HomeAndTell Network and/or any for-pay content, services, digital products, products, events, tools or products.
