HOUSEDNA (ARCHITECTURAL INVESTMENT, INC.) USER AGREEMENT
& AMAZON PAYMENTS USER AGREEMENT APPLIES TO HOUSEDNA.COM XCHANGE MEMBERS, SELLERS, AND BUYERS PLEASE see details
BY REGISTERING FOR OR USING THE HOUSEDNA.COM (ARCHITECTURAL INVESTMENT, INC.) SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ALL POLICIES), EACH AS MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICE.
The following describes the terms on which HouseDNA offers you access to our services.
Introduction
Welcome to HouseDNA. By using the services on the HouseDNA websites (HouseDNA.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with HouseDNA Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside the United States, you are not contracting with any of our HouseDNA companies:
Before you may become a member of HouseDNA, you must read and accept all the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you should also access and read the linked information. By accepting this User Agreement, you also agree that your use of some HouseDNA-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and sub domains is always the agreement that appears in the footer of each website.
This Agreement is effective from September 1st, 2007, for current users, and upon acceptance for new users. The previous amendment to this Agreement was effective for all users on September 1st, 2007.
Using HouseDNA
While using the Sites, you will not:
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post content or items in an inappropriate category or areas on the Sites;
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violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
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use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
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fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you payed via Amazon Payments
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fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
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manipulate the price of any item or interfere with other user's listings;
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circumvent or manipulate our fee structure, the billing process, or fees owed to HouseDNA;
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post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
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take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the Sites or using it for purposes unrelated to HouseDNA);
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transfer your HouseDNA account (including feedback) and User ID to another party without our consent;
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distribute or post spam, chain letters, or pyramid schemes;
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distribute viruses or any other technologies that may harm HouseDNA, or the interests or property of HouseDNA users;
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copy, modify, or distribute content from the Sites and HouseDNA's copyrights and trademarks; or
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Harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing HouseDNA
HouseDNA and the 'Community' work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us only.
HouseDNA's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and we will investigate.
Without limiting other resolutions, we may limit, suspend, or terminate our services and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites. If we think that some users are creating problems or acting inconsistently with the letter or spirit of our policies, possible legal action will be taken. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Fees and Services
Joining HouseDNA and searching on listed items is free. We do charge fees for using other services, When you list an item or use a service that has a transaction fee, you have an opportunity to review and accept the fee that you will be charged based on our Fee structure Via HouseDNA Xchange members page, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events (for example, free HouseDNA transaction fee listing days except for Amazon Payments) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites. Four items allowed to be listed free (unlimited Avaliabilty) and greater than 4 items there is monthly maintance fee of $4 per item.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid Amazon Payment method. If your Amazon Payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due)
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Liability
You will not hold HouseDNA and Amazon Payments responsible for other users' actions or inactions, including feedbacks they post. You acknowledge that we are not a traditional shop. Instead, the Sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as lodgings, vendors formats and photographers formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of New York Commercial Code and Uniform Commercial under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with New York Commercial Code and Uniform Commercial Code. Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
If you have dispute with one or more users, release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a New York resident, you waive New York Civil Code, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
The Sites contain robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to HouseDNA by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.
Additionally, you agree that you will not:
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take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
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copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of HouseDNA and the appropriate third party, as applicable;
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interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
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bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the HouseDNA Privacy Policy. We consider protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices and by Amazon Payments. You can access and modify the information which you provided us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the HouseDNA Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchisee-franchiser relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on HouseDNA's national registered agent (in the case of HouseDNA) or to the email address you provide to HouseDNA during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and HouseDNA, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and HouseDNA agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a ""Claim"") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by visiting the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
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Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against HouseDNA must be resolved by a court located in New York County, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of litigating all such claims or disputes.
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Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
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Improperly Filed Claims - All claims you bring against HouseDNA must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, HouseDNA may recover attorneys' fees and costs up to $1000, provided that HouseDNA has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
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Your use of the HouseDNA Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND HOUSEDNA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HOUSEDNA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Additional Terms
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all Content available through the HouseDNA.com domain name, the "HouseDNA Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)HouseDNA's privacy notice, found at http://www.HouseDNA.com/t/privacy and incorporated here by reference, and (3) HouseDNA's Community Guidelines, found at http://www.HouseDNA.com/t/community_guidelines and also incorporated here by reference. If you do not agree to any of these terms, the HouseDNA privacy notice, or the Community Guidelines, please do not use the HouseDNA Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.HouseDNA.com/t/terms). HouseDNA may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. HouseDNA Website
A. These Terms of Service apply to all users of the HouseDNA Website, including users who are also contributors of video content, information, and other materials or services on the Website. The HouseDNA Website includes all aspects of HouseDNA, including but not limited to HouseDNA channels and the HouseDNA "Picture Player."
B. The HouseDNA Website may contain links to third party websites that are not owned or controlled by HouseDNA. HouseDNA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, HouseDNA will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve HouseDNA from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the HouseDNA Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. HouseDNA Accounts
A. In order to access some features of the Website, you will have to create a HouseDNA account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify HouseDNA immediately of any breach of security or unauthorized use of your account.
B. Although HouseDNA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HouseDNA or others due to such unauthorized use.
Each of these policies may be changed from time to time. Changes take effect when we post them on the Sites. When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the HouseDNA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, HouseDNA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. HouseDNA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
H. You will otherwise comply with the terms and conditions of these Terms of Service, HouseDNA Community Guidelines, and all applicable local, national, and international laws and regulations.
I. HouseDNA reserves the right to discontinue any aspect of the HouseDNA Website at any time.
6. Your User Submissions and Conduct
A. As a HouseDNA account holder you may submit picture content ("User pictures") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, HouseDNA does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize HouseDNA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to HouseDNA, you hereby grant HouseDNA a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the HouseDNA Website and HouseDNA's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the HouseDNA Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the HouseDNA Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the HouseDNA Service. You understand and agree, however, that HouseDNA may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant HouseDNA all of the license rights granted herein.
E. You agree that your conduct on the site will comport with the HouseDNA Community Guidelines, found at http://www.HouseDNA.com/t/community_guidelines, which may be updated from time to time.
F. HouseDNA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and HouseDNA expressly disclaims any and all liability in connection with User Submissions. HouseDNA does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and HouseDNA will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. HouseDNA reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. HouseDNA will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. HouseDNA reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. HouseDNA may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE HOUSEDNA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSEDNA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HOUSEDNA (ARCHITECTURAL INVESTMENT, INC.) MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 HOUSEDNA WEBSITE. HOUSEDNA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HOUSEDNA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOUSEDNA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL HOUSEDNA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HOUSEDNA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HOUSEDNA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by HouseDNA from its facilities in the United States of America. HouseDNA makes no representations that the HouseDNA Website is appropriate or available for use in other locations. Those who access or use the HouseDNA Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless HouseDNA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the HouseDNA Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the HouseDNA Website.
14. General
You agree that: (i) the HouseDNA Website shall be deemed solely based in New York; and (ii) the HouseDNA Website shall be deemed a passive website that does not give rise to personal jurisdiction over HouseDNA, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and HouseDNA that arises in whole or in part from the HouseDNA Website shall be decided exclusively by a court of competent jurisdiction located in New County, California. These Terms of Service, together with the Privacy Notice at http://www.HouseDNA.com/t/privacy and any other legal notices published by HouseDNA on the Website, shall constitute the entire agreement between you and HouseDNA concerning the HouseDNA Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and HouseDNA's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. HouseDNA reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the HouseDNA Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND HOUSEDNA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HOUSEDNA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.