TheHome.com Visitor Agreement
By using, viewing, or interacting www.thehome.com (the “Site”) or any content on the Site you agree to be bound by this Visitor Agreement, which is a legal agreement between you and us. For purposes of this Visitor Agreement, “us” “we” and “our” refer in all instances to [insert full legal, corporate name of TheHome.com], and the terms “you” and “your” refer to a person who uses, views, or interacts with the Site and/or any content on the Site.
Using Good Judgment
This Visitor Agreement is intended to make the Site safe for everybody. We invite you to bring to our attention any content on the Site you believe to be inaccurate, inappropriate or in violation of this Visitor Agreement. Please email any such concerns to us at info@thehome.com.
Use common sense when you use our and anybody else’s web sites. The content that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time on the Site. Some of the content you find on the Site was not created, edited, or posted by us (for example, discussion group postings). The materials posted by third parties on our the Site represent the views of such third parties and are not endorsed by us, nor do we guarantee the accuracy of any posting. Though we hope the advertisers, merchants and users you meet through the Site treat you honorably and fairly, we do not vouch for the information, goods, or services they offer. Before you act on information you’ve found on or through the Site, please confirm any facts that are important to your decision. We encourage you to exercise a healthy skepticism and good judgment.
Submissions and Messages
Responsibility for what is posted in the discussion groups or other public forums on the Site 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 Site 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 defamatory, threatening or harassing;
- that are obscene or contain any kind of pornography or other sexually oriented content;
- 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 us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
- that interfere with the ability of others to enjoy the Site;
- that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of TheHome.com;
- that link to or include descriptions of goods or services that: (i) are prohibited under this Visitor 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.
That said, we are most often a passive conduit for the information users submit. We cannot and do not review every submission our users make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of the Site if we believe you are violating any of the terms of this Visitor Agreement and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.
We want users to feel free to share their email addresses in public posting areas. Accordingly, you may not use any other user’s information, personal or otherwise, for any commercial purpose, to send chain letters, junk mail, "spam," or other bulk communications or for developing lists. Any such use by you will be a violation of this Visitor Agreement. Your use of the Site is limited to personal, non-commercial purposes. Your commercial exploitation of the Site is strictly prohibited, unless we grant prior written permission.
Proprietary Rights to Content
All materials contained on the Site are protected by copyright law except where explicitly noted otherwise. All rights reserved. Further, some such materials may include trademarks, trade names, and/or trade dress, whether or not registered, which are the property of one or more third parties.
You acknowledge and agree that content, including, but not limited to, text, software, photographs, video, design, graphics or other material contained in the web site (“Content”), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not copy, reproduce, distribute or create derivative works from such Content or otherwise use, transmit, rebroadcast, publish, or distribute in any form such Content other than as expressly authorized by this Visitor Agreement without our prior, written consent in each instance. You understand and agree that you are permitted to make one (1) copy of such Content for personal use only, provided you:
Keep all copyright, trademark and other proprietary notices on every copy you make.
Use the material in a manner consistent with this Visitor Agreement.
Understand that we are not transferring ownership of the materials directly or by implication, nor are we granting any license or right to our trademarks, trade names, trade dress, or copyrights of any party.
Using any of our materials for a commercial purpose-without our express written consent violates our copyrights and other proprietary rights.
Distribution of Video Content
We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to distribute and embed our video content through Revver, Inc. on any site you own or control that is not commercially competitive with the Site and does not criticize or otherwise injure us, so long as the web site where the video resides, and all other locations to which such web site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, or name, or any other material or that violates the spirit of our mission. Your distribution of our video content is not an endorsement of such other web site(s) by us. All of our rights and remedies are expressly reserved. Video content for distribution may not be altered or re-edited without our express written consent. Doing so will violate our copyrights and other proprietary rights.
Links to Third Party Sites
At times, the Site may contain links to third-party web sites which we do not control. We make no representations whatsoever about any other web site to which you may have access through the Site. When you access another web site, you do so at your own risk and acknowledge that we are not responsible or liable for any content, advertising, products or other materials available from such third party sites. You also agree that we shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third-party companies and web sites on the Site is for informational purposes only and does not constitute an endorsement or recommendation.
Contests
No purchase is necessary for the entry of any contest conducted on the Site. The odds of winning any contest that is in the form of a random drawing are determined solely on the basis of the number of valid entries. Persons whom we employ or who are immediate family members of persons we employ are not eligible to participate in any contest on the Site. A person who has won a contest on the Site shall not be eligible to win another contest on the Site for a period of sixty (60) days thereafter. Each contest winner is solely responsible for any and all resulting income and other taxes. It shall be a condition of awarding a prize to any contest winner that such person provide us with his or her name, address, and other information necessary for us to comply with any tax reporting and other regulatory requirements. We reserve the right to substitute prizes without prior notice and to cancel any contest without prior notice. Any contest that is prohibited by law in any particular state is void in such state. Only persons residing in the
Products and Services
We make no representations or warranties, express or implied: (a) regarding any product or service offered by or through any third party on the Site; (b) that any product or service offered by or through any third party on the Site will be available as advertised; or (c) regarding shipping, tax, insurance, or any other terms pertaining to the sale or shipment of any products or services offered by or through any third party on the Site. You agree than any and all matters pertaining to products or services offered by or through any third party on the Site shall be solely the responsibility of such third party.
Disclaimer
All content on the Site is for informational and/or entertainment purposes only and is not to be used or relied upon as professional advice or instruction. Without limiting the foregoing, no content on the Site is to be used in place of professional advice of any nature, including without limitation medical, health, interior design, electrical, structural, engineering, legal, plumbing, architectural, nutritional, hazardous materials, or financial. You hereby release and waive any and all claims against us arising with respect to your use of any content on the Site, even if such content is inaccurate, incomplete, and/or misleading. All content on the Site that is posted by a third party is solely the responsibility and statement of such third party, is not a statement by us, and is not endorsed by us or confirmed by us to accurate and/or complete.
Indemnification
You agree, at your expense, to indemnify, defend and hold harmless TheHome.com, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, awards, injuries, claims, costs and expenses (including without limitation reasonable attorneys’ fees and expenses) incurred in connection with or arising in connection with your breach of this Visitor Agreement and/or in connection with your use of the Site, any content of the Site, and/or any product or service related thereto.
Privacy Policy
You acknowledge and agree to all terms of the then-current version of our Privacy Policy as posted on the Site.
Dispute Resolution
You agree not take any legal action against us that relates to or arises out of any of the Site, any content of the Site, and/or this Visitor Agreement without first (a) sending us, via registered mail or national overnight courier service at our mailing address shown on the Site, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. If the dispute is not resolved through the foregoing process, then it shall be submitted to binding arbitration with the American Arbitration Association, such arbitration to take place in
Governing Law
This Visitor Agreement and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of
