Please review this Housetrends Website Agreement (Agreement) carefully before using the Housetrends website. These Terms of Use apply to all users (you) of the Housetrends Website located at housetrends.com (Website), and to all sites linked to housetrends.com. By using the Website, you express your agreement to these Terms of Use and signify that you have read the Agreement fully. If you do not agree with these Terms of Use, do not use or visit the Website.
Housetrends reserves the right, at its sole discretion, to modify or revise the Agreement at any time. By using the Website, you agree to review the Terms of Use periodically to become aware of any changes to the Agreement. Your continued use of the Website represents your agreement to any such changes.
- Disclaimers. Housetrends does not promise or guaranty that the Website or any content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its content are delivered on an “as-is” basis. Housetrends also reserves the right to change or discontinue any or all content or features of the Website or services offered through the Website without notice. Housetrends disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. By use of the Website, you agree that Housetrends will not be liable for any modification, suspension or discontinuance of the Website or of any content, feature or service offered through the Website.
- Rights & Limited Right to Use. Housetrends hereby grants you permission to access and use the Website as set forth in this Agreement provided that: You agree not to use the Website for any purpose that is unlawful or prohibited by the Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Housetrends. You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to distribute in any medium any part of the Website or use any part of the Website for commercial use. You agree not to alter or modify, or attempt to modify, any part of the Website. You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover the information of other users of the Website. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website through hacking, cracking, mining, phishing or any other means. You agree not to interfere or attempt to interfere with the use of the Website by other users. Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of Housetrends in operating the Website, or (3) any content available through the Website or any change therein, is to stop visiting and using the Website.
- Limit on Liability. In no event shall Housetrends, its officers, directors, employees, agents, or its affiliates be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages. You agree that there is no such liability even in the event that Housetrends is notified beforehand of the possibility of damages. You agree that the liability, if any, of Housetrends, its officers, directors, employees, agents, or its affiliates arising out of any legal claim connected to the Website is limited to the amount you paid Housetrends to use the Website or its services. In States that do not allow such limitations of damages for certain legal categories, the limitations will be limited to the extent permitted by the state.
- Indemnity. You agree to indemnify, defend and hold harmless Housetrends, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including, but not limited to, legal and accounting fees, resulting from your use or misuse of the Website or your breach of the Agreement.
- User Accounts. Certain features of the Website may require the use of an account including an account identifier and a password. You are solely responsible for maintaining the confidentiality of your account information and activity. You agree to immediately notify Housetrends of any unauthorized use of your account. You agree that in the event of unauthorized use of your account, you are responsible for any loss or damage arising from your failure to comply with these obligations.
- Copyright Information. The Website and its contents are intended for your personal use. The Website contains copyrighted material, which may include, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, music and sound. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Website content. You may download or copy one copy of the Website content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice or other proprietary notices.Copyright owners or agents thereof that believe a user submission, or other Website content, infringes their copyrights may submit a notification pursuant to the Digital Millennium Copyright Act by providing Housetrends with the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the 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 reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- a statement that you have 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 penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Trademarks. Housetrends is a trademark and/or service mark of Housetrends and/or its subsidiaries. Other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of Housetrends. All other trademarks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of Housetrends’ trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.
- User Submissions. Responsibility for what is posted on the Website or submitted to the Website by users lies with each user. You alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use the Website to send or submit materials:
- that are false, inaccurate or misleading;
- that infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
- that are libelous, threatening or harassing;
- that are obscene or contain any kind of pornography;
- that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- that might create liability for Housetrends or might cause us to lose (in whole or in part) the services of its Internet service providers or other suppliers;
- that interfere with the ability of others to enjoy the Website;
- that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Housetrends;
- that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include;
- that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or
- that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.Housetrends cannot and does not review every submission. Housetrends neither endorses nor guarantees the accuracy or propriety of any submission. Housetrends does reserve the right, but does not assume the obligation, to restrict or prohibit the use of the Website if it believes a user is violating any of the Terms of Use and to remove, edit, or relocate any submission as it sees fit, whether for legal or other reasons. Housetrends does not accept unsolicited materials for use in its publications or other media or business. However, Housetrends does accept ideas for its magazine at this Website. Should you send any ideas, or unsolicited materials, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim(s) against Housetrends regarding the use of such materials and ideas.
- Privacy. Housetrends collects no personally identifiable data about you, except that data that you specifically and knowingly provide. Personally identifying information provided by you will be used in connection with the Website or Housetrends related affairs. Such information will not be transferred to any other parties unless otherwise stated at the time of collection or required by law. Persons under 18 years of age must obtain parental permission before providing any personally identifying information. Housetrends is not responsible for personally identifiable information you submit to third parties. By using the Website, you are aware that any personal information you disclose in a bulletin board, post, chat area or other publicly viewable forum can be collected and used by other users and may result in unsolicited messages from other users.
- Third Party Websites. The Website may contain links to other independent third-party websites. These third-party websites are provided solely as a convenience to the users. Such third-party websites are not under Housetrends’ control, and Housetrends is not responsible for and does not endorse the content of those sites, including any information or materials contained on those sites.
- Dispute Resolution. You agree not take any legal action against Housetrends that relates to or arises out of the Website without first (a) sending Housetrends, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with Housetrends, in good faith, for not less 30 days, toward resolution of the dispute.
- Violations of Terms of Use. Housetrends may terminate your use of the Website, including without limitation, your membership in the Website if applicable, at any time, in its sole discretion. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that Housetrends may immediately deactivate or delete your account, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Housetrends shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
- Governing Law. Housetrends makes no claim that the material or content found on the Website is appropriate or may be legally viewed or downloaded outside of the United States. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the law of your jurisdiction. You agree that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Housetrends, either specific or general, in jurisdictions other than Ohio. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to principles of conflicts of law. You agree that any legal action relating to this Agreement will be filed in either the federal court district in which Hamilton County, Ohio is situated or in Hamilton County Common Pleas Court. You also agree that any meetings relating to attempts to arbitrate any dispute relating to these Terms of Use will take place in Hamilton County, Ohio. By using the Website, you consent to such courts’ exercise of personal jurisdiction over you.
- Miscellaneous. In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Agreement, such provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are for convenience only and shall not be given any legal import. This Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.