HOMESONTV.com Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. Daleyware.com, Inc. (“Company” or “we” or “us”) provides the www.HomesOnTV.com website and the website-related services (collectively, the “Website”) subject to your compliance with the terms and conditions set forth in this Terms of Use Agreement (as defined below).  Your use of the Website and Materials (as defined below) contained on the Website is conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Terms of Use Agreement (the “Terms of Use Agreement”) and Company’s Privacy Policy located at Privacy Policy (the “Privacy Policy”) both of which shall collectively be referred to herein as the “Terms of Use” unless specifically stated otherwise.  By using the Website you agree to the Terms of Use and to abide by all rules, terms, conditions, restrictions and notices therein.

Company reserves the right at any time to:

·         Change the Terms of Use at any time;

·         Change the Website, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, promotion, data on or feature of the Website or the hours that the Website is available; or

·         Change any fees or charges in connection with the use of the Website.

 

Any changes we make to the Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Website and/or e-mail.  Your continued use of the Website after such notice will be deemed acceptance of such changes.  Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms of Use.  Upon our request, you agree to sign a non-electronic version of this Terms of Use Agreement.

1.                  Materials.  The information and materials provided through the Website, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, software and/or links (collectively, the “Materials”) are intended to educate and inform you about us and our business.  Unless otherwise specified on the Website, you may download Materials displayed on the Website and may use the downloaded Material solely for your own personal uses.  You may print a single copy of any textual Material available for downloading on the Website, and may execute a single copy of any software available for downloading on the Website. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement.  The Materials remain the property of Company or its licensors or suppliers.  Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties.  By acquiring or using the Materials, you agree to any such terms and conditions.  You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Company or, if so indicated in writing by Company, its licensors or suppliers.  Although Company strives to provide Materials that are both useful and accurate, data and other information change frequently and are subject to varying interpretations.  In addition, the facts and circumstances of every situation differ.  Accordingly, although Company endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.  In addition, portions of the Materials may have been contributed to the Website by various third parties and service providers.  The inclusion of such information does not indicate any approval or endorsement of such providers, and Company expressly disclaims any liability with respect to the foregoing. 

2.                  Your Information/Usernames & Passwords.  In order to access certain areas of or participate in certain activities contained on the Website, we may require you to provide us with certain information about you (e.g., your name and e-mail address).  Providing us with your personal information is your choice.  Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.  You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate this Terms of Use Agreement and your use of the Website (or any portion thereof) or your participation in any activity contained on the Website.  In order to access certain areas of or participate in certain activities contained on the Website, we may require you to select a username and password.  We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion.  You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your right to use or access to the Website or participate in any activities contained on the Website to any third person or party.  If you have reason to believe that your username or password is no longer secure, you must: (i) promptly change your password by visiting the Website, and (ii) immediately notify us of the problem by emailing us at Darshan@homesontv.com.  You are entirely responsible for maintaining the confidentiality of your USERNAME and password and for any and all activities (INCLUDING USE OF THE SERVICES ON THIS WEBSITE, AS APPLICABLE) that ARE CONDUCTED through THE USE OF YOUR USERNAME AND PASSWORD.

3.                  Code of Conduct.  While using the Website and/or Materials you agree not to:

·         Restrict or inhibit any other user from using the Website or the Materials, including without limitation, by means of “hacking” or defacing any portion of the Website;

·         Use the Website or Materials for any unlawful purpose or in any manner not intended by Company or as contemplated herein and on the Website;

·         Violate any applicable laws or this Agreement;

·         While using the Website, engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior;

·         Institute an attack upon any server used in connection with the Website or any portion thereof or otherwise attempt to disrupts such servers;

·         Express or imply that any statements you make are endorsed by us, without our prior written consent;

·         Transmit: (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

·         Engage in spamming or flooding;

·         Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

·         Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Website or Materials;

·         Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Website or Materials;

·         “Frame” or “mirror” any part of the Website without our prior written authorization;

·         Link to any page of or content on the Website without prior written authorization;

·         Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;

·         Harvest or collect information about Website users without their express consent; or

·         Assist or permit any persons in engaging in any of the activities described above.

 

While using the Website or Materials, you agree to comply with all applicable laws, rules and regulations.

4.                  Third Party Sites.  The Website may contain links to third party web sites.  The content on third party and linked websites are not under the control of Company and Company is not responsible for the contents of any linked website.  Company is not responsible for webcasting or any other form of transmission received from any linked site, nor is Company responsible if the linked site is not functioning properly.  Company is providing these links to you merely as a convenience, and the inclusion of any link does not imply endorsement by Company of any third party, third party website or any association with the operators of same.  You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party linked website.

Any dealings with third parties, such as advertisers, included within the Website or participation in promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party.  Company is neither responsible nor liable for any part of such dealings or promotions. 

5.         Forums & Submissions.  Please note that, because Company (and our designees) may host message boards and other forums found on the Website (collectively, the “Forums”) and, therefore, redistribute materials you give to us, we require certain rights in those materials.  Accordingly, by sending or transmitting to us photos, graphics, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submissions”) or by posting such Submissions to any area of the Website (including the Forums), you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions.  None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.  Information and Submissions contained on our Forums may be provided by persons not affiliated with us.  You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive.  We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Forums by third persons or parties.  The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and may not reflect the opinion(s) of Company.  We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in Submissions or for any results obtained from the use of any such statements or information.  Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Website.  We have no obligation to monitor the Website or the Forums, or any Submissions or other materials that you or other third persons or parties transmit or post on the Website or the Forums. 

By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, including without limitation all copyrights; that the content is accurate; that use of the content you supply does not violate these Terms of Use or Company’s Privacy Policy and will not cause injury to any person or entity; and that you will indemnify Company or its affiliates for all claims resulting from content you supply.  Company has the right, but not the obligation, to monitor and edit or remove any activity or content.  Company takes no responsibility and assumes no liability for any content posted by you or any third party.

6.         Compliance with Applicable Laws.  Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

7.         Acknowledgements.  You hereby agree and acknowledge that : (a) Company has the right to obtain without notification to you certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (b) Company has the right to obtain without notification to you non-personal information from your connection to the Website for demographic purposes; and (c) Company has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including, but not limited to, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use “hacks.”  The information obtained in this Section will only be used for the purpose of identifying persons or entities not in compliance or believed by Company to not be in compliance with this Agreement and any and all other Company rules, policies, notices and/or agreements.

8.         Claims of Copyright Infringement.  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials hosted by Company infringe your copyright (for example, materials posted by Company on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.  The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Website; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  If you believe in good faith that a notice of copyright infringement has been wrongly filed by Company against you, the DMCA permits you to send Company a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.  Notices and counter-notices with respect to the Website should be sent to our Copyright Agent for Notice of claims of copyright infringement at:

            Daleyware.com, Inc.

            1501 Ten Palms Court

            Las Vegas NV 89117

Attn:  President

            By Telephone: (702) 870-5000

            By Facsimile: (702) 870-5023

            By E-mail: Jeanette@HomesOnTV.com

 

Our Copyright Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section 8.  ALL OTHER INQUIRIES DIRECTED TO OUR COPYRIGHT AGENT WILL NOT BE ANSWERED.

9.         Ownership and Restrictions on Use.  The Website is owned and operated by Company in conjunction with others pursuant to contractual arrangements and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Company and its licensors and suppliers, as applicable.  The Website and Materials, and the selection, compilation, collection, arrangement and assembly thereof, are protected by U.S. and international copyright, trademark and other laws and you acknowledge that these rights are valid and enforceable.  You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Website in any way without our prior written permission.  The Website and Materials may be used solely to the extent necessary for your authorized use of the Website, as provided in this Agreement or as expressly authorized in writing by Company or, if so indicated in writing by Company, its licensors or suppliers.  Modification of the Website or the Materials or use of the Materials for any other purpose may be a violation of copyright and other proprietary rights and is strictly prohibited.  You acknowledge that you do not acquire any ownership rights in or to the Website and the Materials by using the Website or the Materials.  If you download software from the Website, such software is licensed on a limited basis to you by us or the owner of such software.  Title to any such software is not transferred to you.  You own the medium on which the software is recorded, but we retain all right, title and interest in and to the software, and all intellectual property rights therein.  You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form, or transfer the software to any third party.  The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks”) are the registered and unregistered trademarks of Company, Company’s licensors and vendors and others.  The Trademarks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages Company.  Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company, Company’s licensors or suppliers, or the third party owner of any such Trademark.  Misuse of any Trademarks is prohibited, and Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.  All content, software and other Materials published on the Website are protected by copyright, and owned or controlled by or licensed to Company, or the party listed as the provider of the content, software or other Materials.  UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY SUCH MATERIAL IS PROHIBITED. You may download any downloadable Materials displayed on the Website for the specified uses only, provided that you maintain all copyright, trademark, and other notices contained in such material, and you agree to abide by all additional copyright notices, information, or restrictions contained in any material accessed through the Website.  Except as expressly provided in a separate license agreement, Company and its licensors of the Website materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.  All content on the HomesOnTV.com web site is Copyright © 2008 Daleyware.com, Inc., unless specified otherwise.  ALL RIGHTS RESERVED. 

9.        Use & Access By Minors.   Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of protections is available from America Links Up: http://www.netparents.org/parentstips/browsers.html.

10.      Privacy/Security.  You understand that any information provided by you or collected by us in connection with your use of the Website will be used in the manner described in this Agreement and in the terms and conditions of our Privacy Policy, such privacy policy being incorporated into and made a part of this Terms of Use Agreement by this reference.  If you do not agree to the terms of the Privacy Policy you may not use the Website.  Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Website and/or the information provided by you will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience.  You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. 

11.       Jurisdictional Issues.  The Website is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Website are appropriate or available for use in other locations.  Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Any software on the Website is further subject to United States export controls.  No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.  By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.  We reserve the right to limit the availability of the Website and/or the provision of any service, program, contest, sweepstakes, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, contest, sweepstakes, film or other product that we provide.

12.       Rules for Specific Services or Areas of the Website.  Certain specific services provided on the Website and/or entry into certain areas of the Website may be governed by additional specific rules and/or additional terms of use.  By using such services or entering such areas of the Website you will become subject to any those rules or additional terms of use.  We urge you to read the applicable rules, which are linked to such services or areas of the Website, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such services or areas of the Website. 

13.       User Submissions.  Company does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies or processes (collectively, “User Submissions”).  You must not transmit any User Submission to or through this Website or to Company through email that you consider to be confidential or proprietary, and any User Submissions shall be deemed non-confidential.  You are responsible and liable for any User Submissions.  You agree, represent and warrant that any User Submission is (a) truthful, accurate, and not misleading, (b) offered in good faith, and (c) that you have the right to transmit such information.  Certain information submitted by you, or otherwise collected from you, is subject to Company’s Privacy Policy.

Except as expressly provided in Company’s Privacy Policy, you agree that by submitting User Submissions to Company, including any concepts, know-how or ideas, you hereby grant Company a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Submissions in connection with this Website and Company’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others.

14.       Termination.  This Agreement shall remain effective until terminated in accordance with its terms.  Either party may terminate this Agreement immediately upon notice to the other party.  In addition, we reserve the right to immediately terminate this Agreement and/or your access to and use of the Website or any portion thereof or any activity provided thereon, at any time and for any reason, with or without cause.  Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all Materials obtained from the Website and all copies thereof, whether made under the terms of this Agreement or otherwise.

15.       Disclaimers.  THE WEBSITE, THE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE (OR ANY PART THEREOF INCLUDING THE MATERIALS AND SUBMISSIONS), THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE AND ALL CHARGES RELATED THERETO.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND MATERIALS AND YOUR RELIANCE THEREON.  NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY.  YOUR USE OF THE WEBSITE AND ANY MATERIALS AND SERVICES PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.  A possibility exists that the Website (including the Materials, submissions, forums, software an all other information or materials on or accessible from the Website) could include inaccuracies or errors, or information or materials that violate this Agreement.  Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Website.  Although we attempt to ensure the integrity of the Website, we make no guarantees as to the Website’s completeness or correctness.  In the event that a situation arises in which the Website’s completeness or correctness is in question, please contact us at Darshan@homesontv.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website, as well as information sufficient to enable us to contact you.  We will try to address your concerns as soon as reasonably practicable.  For copyright infringement claims, see the section on “Claims of Copyright Infringement” above.

16.       Limitation of Liability.  NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIALS CONTAINED ON THE WEBSITE, THE MATERIALS, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, MATERIALS, SOFTWARE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, MATERIALS, SOFTWARE OR LINKED WEBSITE, AS APPLICABLE.  THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MATERIALS, CONTENT AND SOFTWARE ON THE WEBSITE.

 

ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY COMPANY OR ANY OF ITS EMPLOYEES.  COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES COMPANY WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

 

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND COMPANY OR A REPRESENTATIVE OF COMPANY SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

 

COMPANY RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE MESSAGE BOARDS OR OTHER AREAS OF THIS WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.

 

17.       Indemnification.  You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any submission or other materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your use of the Website.

18.       Questions.  The Website is provided by Daleyware.com, Inc.  If you have any questions, comments or complaints regarding this Agreement or the Website, feel free to contact us at: Daleyware.com, Inc., Re: HomesOnTV.com, 1501 Ten Palms Court, Las Vegas NV 89117, Attn: Darshan@homesontv.com, Webmaster or Jeanette@HomesOnTV.com. 

198.     Notice for California Users.  Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California  95814, or by telephone at (916) 445-1254 or (800) 952-5210.

20.       Minors Under the Age of 18.

If you are under the age of 18, you may use the Website, the Content and the Software only with the involvement of a parent or legal guardian. 

 

21.       Statute of Limitations.

Any claim or cause of action arising out of or related to use of the Website, the Materials or these Terms of Use must be filed within one (1) year after such claim or cause or action arose regardless of any status or law to the contrary.  In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

 

22.       Miscellaneous.  This Agreement is governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regards to its principles of conflicts of law.  You agree to submit to the exclusive jurisdiction of any State or Federal court located in the Clark County, Nevada, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.  If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter.  This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Please read the Website’s Privacy Policy.

© 2008 Daleyware.com, Inc.  --  All Rights Reserved.

 

Updated: August 2, 2008