Last modified on April 18, 2020
These Terms govern your access to and use of our Services and any videos, information, text, graphics, photos, product listings, links or other materials and data uploaded, downloaded or appearing on the Services (collectively, the “Content”)
Additionally, these Terms govern the use, rights, and obligations attendant to any service provided by Company in our Services.
By using our Service, you agree to these to these Terms of Service. Please read them carefully. If you do not agree to the Terms, you must stop using the Services and delete your account. We reserve the right to modify these Terms without notice. Your continued use of the Service constitutes acceptance of these Terms. Violation of any terms may result in termination of your account. Questions about these Terms may be sent to email@example.com
Access to Services
.We do not knowingly collect or solicit personal information from any person under the age of 13 or knowingly allow such persons to register for the Services. No person under the age of 13 will register for the Services or send any personal information to us. If we learn we have collected personal information from any person under the age of 13 without verification of parental consent, we will delete such information as quickly as reasonably possible. If you believe that we might have any information from or about any child under 13, you may inform us by email at the following address: firstname.lastname@example.org
. You represent and warrant to Company that:
. You are a natural person, acting either as an individual or as an authorized agent of a business entity, and are of competent age to form a binding contract, or have parental permission to do so, and are at least 13 years of age or older;
. all registration information you submit is accurate and truthful to your best knowledge;
. you will maintain the accuracy of such information; and
. you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.
. We may prohibit any user from using the Service in our sole discretion for any reason, and will not be liable for any damage or loss resulting from such prohibition.
.These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
.You may in some cases be able to, or required to utilize a third-party platform for the purposes of login verification or to gain access to the Services, or to otherwise identify yourself. Any such use of a third-party platform in this manner shall subject you to both these Terms, as well as the Terms and Conditions of such third-party platform with respect to the use of that platform.
. You are responsible for using the Services. You should only provide and/or access Content that you are comfortable sharing and/or accessing under these Terms.
. If you are accepting these Terms and using the Services on behalf of a company, organization, government or legal entity, you represent and warrant that such company, organization, government or legal entity has authorized you to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
. The form and nature of the Services that we provide may change from time to time without prior notice. We may stop (either permanently or temporarily) providing the Services (or any features within the Services) to you and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion without prior notice to you.
Service Durations. Services begin upon first access or registration by User.
Payments. Any payments made as between Users, or between a User and Company, will be facilitated by Paypal. Paypal is a third party payment processor. In utilizing Paypal in the course of your use of the Services, you agree to be governed by Paypal’s Terms and Conditions to the extent applicable.
Advertising. We may host any number of links, advertisements, postings and other Content from third-party advertisers, partners and affiliates of the Company, or from Users (“Advertisers”). Additionally, certain advertisements may be part of a separate promotional arrangement between Advertisers and Company, or a User and Company, which may grant priority to certain ads in listing location, frequency, or prominence. We make no warranty, guarantee or representation regarding the products, services or other content offers by the Advertisers. In no case shall the Company be held responsible for any actions, failure to act, warranty, or representation made by Advertisers. In no case shall the Company be considered a joint venture or part of a business partnership with any Advertiser.
Password. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. You are encouraged to use passwords containing a combination of upper and lowercase letters, numbers and symbols with your account and with other accounts that you may connect to your account.
Acceptable Use. You may not:
. Use the Services to aid in the purposes of any harassment or abuse;
. Use the Services in to aid in the dissemination of any defamatory or libelous material;
. Use the Services to circumvent any local, state or federal law;
. Use the Services to place any information on the Internet relating to the Company or expressing any opinion about the Company unless you are specifically authorized to do so;
. Use the Services to transmit, disseminate or otherwise violate any information belonging to Company or any third party that is either confidential or otherwise protected;
. Use the Service to make or attempt to make commitments through the Internet on behalf of the Company;
. Use the Service in furtherance of download, upload or transfer of copyrights digital material such as music media files, as well as film and video files without approval from the copyright owners; or
. Use the Services in any way to infringe any copyright, database rights, trademarks or other intellectual property.
Content on the Services
. You are hereby granted a limited, non-exclusive, non-assignable license to access and use the Service. This license is freely revocable at any time. This license is subject to these Terms.
. You acknowledge that we have no control over, and no duty to take any action regarding the following: (i) which users gain access to the Services; (ii) what Content you access via the Service; (iii)what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content. You hereby release us from all liability for Content acquired or not acquired by you through the Services.
. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We are not the source of, do not verify or endorse and takes no responsibility for the content of communications made using the Service. By using the Service, you agree that any Content you submit may be transmitted to the recipient of such communication.
. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You acknowledge that in using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
. We have the right, but not the obligation, to remove Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any third party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content.
. Depending on your registration level, you may have access to communications from other Users, or be able to communicate with other Users, either via chat or via email. Each User is solely responsible for any communications made and any Content exchanged by such User in the course of such chats or emails.
. We reserve the right (but will have no obligation) to remove or refuse to distribute any Content on the Services and to suspend or terminate users or reclaim usernames without incurring liability to any user or Advertiser. In the event of a suspected violation, we may investigate and/or take legal action as necessary, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal content.
. You will be prohibited from posting Content that: (i) impersonates another person or entity in a manner that does or is intended to mislead, confuse or deceive others; (ii) violates the rights of a third party, including the rights of third party, including copyright, trademark, privacy, and publicity rights; (iii) is in furtherance of illegal activities; (iv) is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or (v) is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to potential civil or criminal liability.
. You will not submit or publish Content that contains falsehoods or misrepresentations, solicits funds or services, contains advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, violates the publicity, privacy or data protection rights of others, impersonates others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any of our other users regarding their Content. You agree not to circumvent, disable, or otherwise interfere with the security related features.
. While accessing the Services, you may not (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems we or our website utilize; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with Smarttechnol; (iv) forge any TCP/IP packet header or any part of any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employment to prevent or limit access to any area, content or code of the Services.
. You agree that any feedback, suggestions, ideas, or other information or materials regarding Housener, the Company or the Services that you provide, whether by email or otherwise, are non-confidential and will become the sole property of Company. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation. You waive any rights that you may have to the feedback, to include copyrights or moral rights.
. The submission of User Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated in this Section, and you further agree that such terms will apply to any additional material previously or later submitted:
You represent that you have all necessary rights to submit the Content. Further, you represent that you are not violating the rights of any third party and that you know of no other individual or entity whose rights will be infringed upon by using the Content.
. You irrevocably release and forever discharges us and our affiliates and subsidiaries (together, the “Released Parties”), from any and all actions, causes of actions whether in law or equity, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever which you now have or hereafter can, will, or may have against the Released Parties or their respecting successors and assigns regarding the Content, including without limitation, regarding how both we and the Released Parties, directly and indirectly, use the Content, with the sole exception regarding the foregoing release and discharge being your right to bring a claim of patent infringement.
. Restrictions. Except as specifically granted in these Terms or in other agreements, we retain all right, title, and interest in the Services. These Terms do not transfer ownership rights of any description in the Services to you or to any third party. You will not modify, reverse engineer, or decompile any component software of the Service, or create derivative works thereof.
Copyright Ownership and Data Security
. We own intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, images, code, icons, photographs, functionality, and documentation (“Our Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of the Service that we own.
. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts or access of Users who repeatedly infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide the following information to our copyright agent: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) you statement, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
. Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: email@example.com, or at
Smarttechnol Claims 1426 N. Potomac St
Baltimore MD 21213 USA
Termination of Use
. All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Warranties Respecting Service. We hereby warrant to you that:
. We are the owner of the Services and either the owner or leasees of component software of the Services and the website (Housener), and have the right to grant to you the use of the Services in the manner and for the purposes set forth in these Terms without violating the rights of any third party;
. Work we perform in connection to the Services granted to you will be performed in a prompt, diligent, professional, and workmanlike manner and by employees who are appropriately trained and have proper expertise and skills to perform such services.
Disclaimer Respecting Users. UNLESS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND YOU ASSUME ALL RISKS AND RESPONSIBILITY WITH RESPECT THERETO.
Disclaimer Respecting Advertisers. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF, AND HIS AGREEMENT EXPRESSLY EXCLUDES, ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION (a) ANY WARRANTY THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (b) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY; AND (c) ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Liability
. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL COMPANY OR IT’S AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THESE TERMS, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
. TO THE EXTENT PERMITTED BY LAW, WE WILL IN NO CASE BE LIABLE FOR ANY PHOTOS, VIDEOS, LISTINGS OR CONTENT THAT YOU SUBMIT TO THE SERVICE OR POST.
. TO THE EXTENT PERMITTED BY LAW, WE WILL IN NO CASE BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO ABIDE BY THE PASSWORD REQUIREMENTS OF THESE TERMS.
. TO THE EXTENT PERMIITED BY LAW, WE WILL IN NO CASE BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE SERVICE POSTING OR REBROADCASTING OF CONTENT IN ANY WAY.
. TO THE EXTENT PERMITTED BY LAW, WE WILL IN NO CASE BE SUBJECT TO SUIT IN ANY CLASS ACTION.
Remedies for Breach of Warranty. In the event of any breach of the warranties set forth in these Terms, we will promptly work to re-perform the non-conforming Services, as applicable, such that the non-conforming Service conforms with the requirements of these Terms.
Indemnification. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless Housener, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) use of the Service; (b) any Content you post, upload, use, distribute, store, or otherwise transmit through the Service; (c) violating these Terms; or (d) violating the rights of another.
User Services Available “AS-IS”
. Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
. We make no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from access to or use of the Services or any Content; (iii) the deletion of, or failing to store or to transmit, any Content and other communication maintained by the Services; or (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Services will create any warranty no expressly made herein.
International Users. The Service is hosted in the United States. If you are accessing the Service from the European Union, Asia or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States law, be advised that through continued use of the Service, which is governed by United States law, you are transferring your personal information through the United States and you consent to such transfer.
. Our failure to enforce or exercise any right provided in these Terms will not be construed as a waiver of such right.
. Should any provision of these Terms be found invalid or unenforceable, the remaining Terms will remain in effect.
. Any dispute between you and Housener will be governed by these Terms and the laws of the State of Maryland without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
. These Terms constitute the entire agreement between you and Company and supersede any and all previous agreements between you and Company, with regard to the subject matter covered.
. We may modify these Terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept such changes, you should discontinue use of the Service.
. These Terms create an agreement between you and Company. Such Terms create no third-party beneficiary rights.
. Our waiver of any remedy for a breach of these Terms will not constitute such waiver in the future.