HousePorn.ca - Terms of Use
Please read the following terms of use carefully before using www.HousePorn.ca (the "Site”). If you do not agree with these terms of use, please do not use this site. Any failure on your part to comply with these terms of use may lead to HousePorn: I) Prohibiting you from using this site and the related privileges; or II) Instituting any other remedies HousePorn, in its sole discretion, deems appropriate.
1. ACCEPTANCE OF TERMS OF USE
1.1 By using the Site, you acknowledge that you have read and understand these terms of use (the "Terms of Use”) together with the Privacy Policy, the Consumer Review Guidelines, and other documents regulating the use of the Site and, accordingly, you agree to abide by them, as well as any future modifications that may be made to them. These Terms of Use represent an agreement between you and HousePorn.
1.2 If you do not agree to be bound by these Terms of Use, you should not use this Site. If you consider any future amendments made to these Terms of Use to be unacceptable, please do not continue to use the Site.
2. DEFINITIONS
"Company" - means a business or individual whose information is posted on the Site.
"HousePorn" - means HousePorn.ca
"Review" - means a specific commentary provided to HousePorn concerning the services or products of a Company and posted to the Site.
3. PREMISES
The Site operates from its offices in Toronto, Ontario, Canada. We do not represent or warrant that all items and information on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.
4. USE OF SITE
4.1 All of the items offered for sale by a Company on the Site are offered by the Company to you for your personal and non-commercial use. It is prohibited to use the items contained on this Site for commercial or advertising purposes without the prior written consent of the Company offering the product for sale and of HousePorn.
4.2 This Site may only be used for lawful purposes. You agree not to use this Site in any way that would undermine its functioning and/or disrupt the service for other users.
4.3 Registration and Password
You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all users of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
5. LINKS
5.1 This Site may contain hyperlinks to Internet sites managed by third parties. By activating these links, you may have to leave the Site. HousePorn has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and HousePorn makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked party sources (including any viruses accessed through them), the quality of the products or services offered, the security of performing transactions on the sites in question or the privacy policies of those sites. Links do not imply that HousePorn or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of HousePorn or its affiliates. HousePorn cannot be held liable for possible damages arising from the use of such third party sites. All complaints about third party sites should be addressed to the administrators of those sites.
5.2 This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including by not limited to advertisements, reviews or postings in on-line community discussions. You agree that HousePorn shall not have any liability whatsoever to you for any such third party material, data or information, or any damage that may result to you by your purchase and use of a third party product or service.
6. REVIEWS AND THEIR OWNERSHIP
6.1 All Reviews submitted to the Site must comply with HousePorn Consumer Review Guidelines.
6.2 You hereby acknowledge and warrant that all of the information contained in any Review you submit will be factually accurate.
6.3 Once a Review is submitted to HousePorn for publication, it becomes the property of HousePorn and you agree that you have assigned or will assign all rights, title and interest in the content of a Review to HousePorn.
6.4 In so far as the content of a Review has not yet been assigned to HousePorn, you hereby warrant that you are able to and grant to HousePorn a royalty-free, perpetual, irrevocable, non-exclusive, world-wide right and license to use, reproduce, modify, adapt, publish, translate and distribute and/or incorporate into other works in any form, media or technology now known or hereafter developed any copyrights, trade-mark rights or other proprietary rights in the content that are not owned by you.
6.5 Reviews represent the opinion of the contributor. If HousePorn finds that a contributor has submitted a false or misleading review, HousePorn reserves the right to delete the review and correct the Company's rating and reject subsequent submissions from that contributor. HousePorn does not take responsibility for the accuracy or completeness of reviews. It is the responsibility of the Site's users to evaluate the accuracy, completeness and/or usefulness of any information, opinion, advice or other content found on the Site.
6.6 HousePorn reserves the right to monitor reviews and edit submissions by contributors to ensure compliance with the Terms of Use and any applicable laws. HousePorn further reserves the right to paraphrase or otherwise edit reviews.
6.7 Material and content published in a comment on the Site are the sole responsibility of the contributor. This means that a contributor, and not HousePorn, is entirely responsible for all material and content submitted to HousePorn and which may be contained in a review.
6.8 Under no circumstances will HousePorn be liable in any way for any material and content, including but not limited to, any errors or omissions in any material and content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon the material and content published in a comment.
6.9 You agree that you are liable for the content of any comment you post and that you will hold HousePorn harmless from any suit, claim, action, demand or otherwise from any third party affected or who purports to be affected by your comment or its contents.
7. INTELLECTUAL PROPERTY
7.1 Limited License and Copyright Subject to the terms and conditions set forth in these Terms of Use, HousePorn grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the visible text, graphics or images thereon (the "Materials”) and to view and download the Materials, only in connection with your personal and non-commercial use of the Site. This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions:
a) You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
b) You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
c) You may not transfer the Materials to any other person without our prior written consent;
d) You may not print or copy any of the HTML or other computer programs that are viewable at the Site.
This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, HousePorn and its affiliates do not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information.
7.2 Trade-marks
The trade-marks, logos and company names of HousePorn or any of its affiliates used on this Site may not be copied, imitated or used, in whole or in part, without the prior written consent of HousePorn or any such affiliate. Other products, services, logos and company names mentioned on this Site may be the trade-marks of their respective owners.
7.3 Exploitation Subject to the rights expressly granted to you under these Terms of Use, you may not copy, reproduce, modify, publish, display, perform, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item obtained from or available as part of this Site (including any software), in whole or in part.
7.4 Non- infringement You may not post or otherwise make available to the Site any material that is protected by a copyright, trade-mark or other proprietary right without the express permission of the owner. You agree to assume sole liability and to indemnify HousePorn for any damage resulting from infringement of any third party's copyrights, trade-marks or other proprietary rights or any other harm resulting from your use of such infringing materials in a comment, or on or in connection with the Site.
7.5 Termination For Infringement
The Site and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this Web Site, you agree not to use the Web Site or any other HousePorn Site to infringe upon the intellectual property rights of others. We will terminate the accounts of any account holder, and block access to our Web Site and/or any other HousePorn Sites for any user, who is a repeat infringer of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
8. REPRESENTATIONS AND WARRANTIES
8.1 This site, the materials and the information accessible through this site are provided "as is" without any representation or warranty, express or implied, of any kind. HousePorn and its affiliates hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. HousePorn does not warrant that this site will operate without interruptions or that it will be error free. You hereby acknowledge and agree that your use of the site is at your own risk.
8.2 The materials and information accessible through this site may contain inaccuracies and typographical errors. HousePorn and its affiliates make no representations or warranties about the accuracy or completeness of the materials or information accessible on or through this site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this site. HousePorn assumes no responsibility for the accuracy and completeness of any review. You acknowledge that any reliance on any of the foregoing shall be at your sole risk.
9. LIMITATION OF LIABILITY
9.1 In no event shall HousePorn or its affiliates be liable for any direct, indirect, incidental, consequential, punitive, exemplary, reliance, special or other damages (including without limitation, damages for harm to business, lost profits, lost savings or lost revenues, business interruption, loss of information or programs or other data on your information handling system ) related to the use of, or the inability to use this site, its contents or material available from this site, or any information, products and services obtained through this site, from HousePorn directly or products and services obtained through any third parties or company referred to on this site in any capacity; or functions of this site or any linked site, whether or not HousePorn or its affiliates have been advised of the possibility of such damages.
9.2 If you are dissatisfied with the site and the content thereon, or the terms of use, your sole and exclusive remedy is to discontinue use of the site.
10. INDEMNITY
You agree to indemnify HousePorn, its officers, agents, partners and employees from any and all claims or damages, including reasonable lawyer's fees, made by third parties due to or arising out of your use of the Site or in connection with the Site, the violation of the Terms of Use and all other documents contained on this Site or any violation of the rights of another.
11. MINORS
If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians.
12. PROMOTIONS
From time to time, HousePorn may offer, either on or through the Site, “, promotions (“Promotions”). You agree to release HousePorn and its agents, advertisers, sponsors and/or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the Site. You agree to be bound by the rules of any Promotion. If you violate any such rules or guidelines for behaviour posted on the Site, you will be subject to immediate disqualification and will become ineligible to be awarded any prizes. HousePorn reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.
13. CHANGES
13.1 HousePorn reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. HousePorn may make any other changes to this Site, the Materials and the services, products described on this Site (if any) at any time without notice.
13.2 HousePorn reserves the right to modify these Terms of Use.
14. OFFENSIVE CONTENT
HousePorn reserves the right not to post, or to remove any data, information, content or Material, including the contents of any Comment if HousePorn is made aware that the data, information, content or Material: i) is libelous, defamatory, scandalous or otherwise unacceptable, undesirable or objectionable, or ii) violates any law, regulation or right of a third party including but not limited to intellectual property infringement, prohibitions on libel, slander and invasion of privacy
15. CANCELLATION
HousePorn can, at its sole discretion, cancel or suspend any of your privileges related to the use of the Site in whole or in part for any reason, including without limitation, the non-compliance with these Terms of Use.
For information regarding HousePorn' policies and practices relating to the collection, use and storage personal information please read our Privacy Policy.
17. NO ENDORSEMENT
This Site compiles opinions and comments from certain users and publishes. Comments published do not convey the recommendations or endorsement of any specific Company or individual by HousePorn.
18. ASSIGNMENT
HousePorn may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations under these Terms of Use without the prior written consent of HousePorn, and any such attempted assignment will be void and unenforceable.
19. GOVERNING LAW
The laws of the province of Ontario and the laws of Canada, as applicable, shall govern these Terms of Use as well as any use of the Site.
20. ENTIRE AGREEMENT
These Terms of Use, and the documents referenced herein, constitute the entire agreement between you and HousePorn regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and HousePorn regarding your use of the Site.
21. WAIVER AND SEVERABILITY OF TERMS
The failure of HousePorn to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the intention of HousePorn and you as reflected in the provision and the other provisions of the Terms of Use will remain in full force and effect.
22. CHANGES TO POLICY
HousePorn may revise these Terms of Use without notice, by updating these Terms of Use on the Site. You agree to monitor such updates and agree that any continued use of the Site after HousePorn has made such revisions constitutes full acceptance of the revised Terms of Use. HousePorn reserves the right to, at any time, change or modify these Terms of Use. Should HousePorn change these Terms of Use, changes will be posted on this page.