Terms of Use
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Welcome to HDHomeTours.comTM SM, a division of Screen Heat, Inc. We provide the broadcast platform and interactive tools for HD Home Tours. We do not supply any information or produce the video or still images that appear on HD Home Tours. HDHomeTours.com does not sell or lease real estate.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE ("SITE"). BY ACCESSING AND USING THIS SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF USE").
ACCEPTANCE. HDHomeTours.comTM SM is a division of Screen Heat, Inc. HDHomeTours.com, Screen Heat, Inc. and/or its Resellers and affiliates (collectively "HDHT") provide you with access to this Site and the services on it (collectively "Services"). Access to and use of the Services is governed by these Terms of Use. We reserve the right, in our sole discretion, to change, modify, add or remove portions of the Terms of Use and Privacy Policy at any time without notice to you.
ELECTRONIC COMMUNICATIONS. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY. HDHomeTours.comTM SM, HDHomeToursTM SM, and related logos are trademarks or service marks of Screen Heat, Inc. © 2009-2011. All rights reserved. ©2011 Yahoo! Inc. Map data NAVTEQ® is provided by the copyright holders and contributors "AS IS" and pursuant to the BSD license set forth at http://developer.yahoo.com/yui/license.html. The names, services and products of other companies mentioned on the Site may be the trademarks or service marks of their respective owners.
LICENSE. HDHT grants you a limited license to access and make use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HDHT. This license does not include any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by HDHT in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Site is subject to these Terms of Use and/or the HDHT Customer Agreement if applicable.
You may not use any meta tags or any other "hidden text" utilizing HDHT's name, trademarks or service marks without the express written consent of HDHT. Any unauthorized use terminates the permission or license granted by HDHT. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Site, so long as the link does not portray HDHT, or its services or products in a false, misleading, derogatory, or otherwise offensive manner. You may not use any HDHT logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT. If you use this Site, you are responsible for maintaining the confidentiality of your HDHT account and password and for restricting access to your computers, and you agree to accept responsibility for all activities that occur under your account or password.
RESTRICTIONS ON USE. HDHT reserves the right to at any time, without prior notice and in its sole discretion, remove content for reasons such as, but not limited to, pornography, obscenity, offensive images, offensive language, defamation, product disparagement, threats, invasion of privacy, or infringement of intellectual property rights and/or terminate a user's account for submitting such material.
You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your Site use.
LINKS. The Site may contain links to third party websites. We are not responsible for the content or the privacy practices of such websites.
PRIVATE LABEL SOFTWARE. Any private label software or other software that is made available to download or otherwise from HDHT ("Software") is the copyrighted work of Screen Heat, Inc. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, HDHT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WARRANTY DISCLAIMER. THIS SITE, THE MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, VIDEO OR PHOTOGRAPHY.
LIMITATION OF LIABILITY. IN NO EVENT SHALL HDHT, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, IMAGES OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
CHOICE OF LAW, WAIVER, AND CLAIMS. These Terms of Use shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. HDHT's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ARBITRATION. Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Florida and judgment on the arbitration award may be entered in any court having competent jurisdiction.
COPYRIGHT INFRINGEMENT NOTICE. The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All HDHT customers are subject to the requirements of the DMCA. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at HDHT's sole discretion.
If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
HDHT's designated Copyright Agent to receive notifications of claimed infringement may be reached as follows:
Copyright Agent
Screen Heat, Inc. dba HDHomeTours.com
111 2nd Avenue NE, 9th Floor
St. Petersburg, FL 33701
Email: staff@hdhometours.com
Telephone: 888-990-0320
Only DMCA notices should go to the Copyright Agent.
The DMCA contains specific guidelines as to what proper notification of claimed infringement must contain. HDHT is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that HDHT refers complainants who use the DMCA for improper purposes to the appropriate agencies.
September 2011
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