PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (the “Site”). The Site www.Inhabitat.com is fully controlled and operated by Inhabitat, LLC (“Inhabitat,” “We,” or “Our”). By accessing and using this site, you are hereby agreeing to be legally bound by the terms and conditions of Inhabitat. If you do not agree with all of the following terms and conditions, please do not use this site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on January 1, 2011.
MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We may post or display notices of material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective, it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to, the User Content Submission Agreement, other Additional Terms, Rules and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services of or obtain goods and services from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communications, interactions and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertisers).
RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state and national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, copyrights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the “Material”) are the property of Inhabitat and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Inhabitat hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. Commercial use of Inhabitat and/or its licensors’ Material without cost is permitted only with express written permission. Commercial use of Inhabitat Material without express written permission carries a fee of $5,000 USD per each instance. A late fee of 5% shall be applied for each 30-day period that the balance remains unpaid following notification. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
USER-SUBMITTED POSTINGS
To the extent that portions of this Site provide users an opportunity to submit information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of Inhabitat. In no event shall Inhabitat assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary, copyrights, intellectual property rights, or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
You hereby authorize Inhabitat to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Inhabitat will have the right to use and change the Postings in any manner that Inhabitat may determine.
Submissions by users for posting may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity.
Inhabitat holds all site users personally responsible for verifying that the content they submit to Inhabitat does not violate any third party intellectual property rights, and Inhabitat will not be held responsible for verifying the intellectual property of every user-submitted posting and comment.
Although Inhabitat periodically monitors the content posted on this Site, it cannot be responsible for the views, or opinions expressed by third parties, and it cannot be responsible for verifying the intellectual property ownership of ‘user-submitted postings’. Nonetheless, Inhabitat will make every effort to ensure that the Postings best serve the interests of all users and, therefore, Inhabitat reserves the right to refuse to post, edit, or delete submissions that in its sole discretion it deems inappropriate for this Site, as well as revoke the privileges of users who do not comply with such rules.
SHOPPING
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over Five Hundred Dollars (USD$500.00) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site. If an order consists of multiple items, they may be shipped separately depending on availability.
OTHER BUSINESSES
Parties other than Inhabitat operate stores, provide services, or sell product lines on the Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. Inhabitat is not responsible for examining or evaluating, and Inhabitat does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Inhabitat does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
VIRAL FEATURES
There may be portions of our Site, content, functionality or features (e.g, digital streaming media player(s)) (“Viral Features”) that we make available to users for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Viral Features), you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.
POSTINGS
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange: (a) information, ideas, opinions, messages or other information (“Post” or “Postings”), and (b) User Content, your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from whom such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of Inhabitat, the Parent Companies or the Affiliates. We do not monitor, endorse, edit or screen any Postings, although we reserve the right to do so, nor shall we be liable for any Posting that is in violation of this Agreement. In no event shall Inhabitat, the Parent Companies or the Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize Inhabitat, the Parent Companies and their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to place such Posting in the public domain and to grant Inhabitat, the Parent Companies and their Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any User Content Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such Posting, Inhabitat, the Parent Companies and the Affiliates reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please send a message about it to legal@inhabitat.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES
Inhabitat provides Rules of Participation for certain activities on this Site including, without limitation, contests, sweepstakes, and electronic postcards by Inhabitat and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Inhabitat is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INHABITAT, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY INHABITAT OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Inhabitat’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
RSS FEEDS and PODCASTS
The Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Content”) from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”), which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s computer or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds.
Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to Inhabitat or the content provider. Content is available for personal, noncommercial use only and you may download, copy and/or transfer the RSS Feeds and associated Content to a portable listening or viewing device or a computer for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that Inhabitat, the Parent Companies and the Affiliates do not warrant that their RSS Feeds will operate on all user equipment.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Inhabitat, its subsidiaries and affiliates of the opinions or views expressed by these third party Web sites and Inhabitat does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Inhabitat is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither Inhabitat nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Inhabitat will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless, Inhabitat, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Inhabitat reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Inhabitat in asserting any available defenses.
INFORMATION COLLECTION POLICIES
We may request personally identifiable information from visitors who choose to participate in certain activities as described below. Our information practices are described below.
GENERAL ACTIVITIES
From time to time, Inhabitat offers visitors the opportunity to enter sweepstakes or contest for a prize. Inhabitat may ask for information such as name and e-mail address. Inhabitat uses this information only for purpose of conducting the sweepstakes or contest and does not disclose such information to third parties, except with a fulfillment house that Inhabitat may contract to help select winners and fulfill prizes. Once the sweepstakes or contest is finished, Inhabitat deletes the personal information collected on the online entry forms.
Inhabitat provides visitors the opportunity to send e-mail to us. We request no personally identifiable information from the visitor. We may share e-mail addresses with our affiliated departments and businesses that may have their own disclosure practices. Visitors’ e-mail correspondences are deleted from our system periodically.
ELECTRONIC POSTCARDS
Inhabitat may give visitors the option to send “electronic postcards” to friends and family. We ask the visitor to submit the first name and e-mail addresses of their friends and family. Inhabitat uses this information only for the purpose of sending the postcards. The recipient’s e-mail address is deleted periodically from our system.
GAMES
Visitors wishing to play games on our site may be asked to provide Inhabitat their email address. This information is used only for the purpose of recording and storing a visitor’s point totals over multiple gaming sessions, and is not sold, distributed, traded, or otherwise transferred to third parties. If no game activity is associated with an email address for a period of six months, it is deleted from the system.
USE OF INFORMATION
At Inhabitat, we may share aggregate information about our visitors with both our affiliated businesses (e.g. Inhabitat Research) and externally with third parties, such as advertisers and business partners. We may also share personal information about our visitors with our affiliated departments and businesses that may have their own disclosure practices. However, it is our policy to not disclose externally with third parties personal information collected on our site, except in the following instances:
AGENTS
The personal information provided to Inhabitat by visitors may be transferred, disclosed or shared with third parties who may be engaged by us specifically to handle and deliver certain activities (e.g., sweepstakes, e-cards, newsletters) and perform other technical and processing functions, such as sending postal mail and e-mail, record keeping, programming, providing user services to our visitors, or otherwise operating our site. They have access to personal information needed to perform their functions, but may not use it for other purposes.
BUSINESS TRANSFERS
In the event that all or substantially all of the assets relating to Inhabitat are transferred or sold to another entity, personally identifiable information may be transferred to the acquiring entity.
SPECIAL CASES
We may also disclose personally identifiable information to third parties when required by law or is pertinent to judicial or government investigations or proceedings, or otherwise necessary to protect the Site or the safety of its users.
Other than as set forth above, we do not at present intend to use your personal information for other purposes. However, in the future we may disclose personal information you have provided to third parties for additional purposes and in the event we do, we will provide notices of such use to our users.
COOKIES AND LOG DATA
Cookies are information files that your Web browser places on your computer when you visit a Web site. Inhabitat is able to access only the cookies that it sets on your computer. We may also collect information to determine the type of computer operating system and browser that you and other visitors are using. We collect this information in the aggregate in order to provide services better tailored to our visitors’ needs. We do not link the information collected through cookies to personally identifiable information submitted by visitors when participating in our activities. “Log Data” is collected on Web servers within Inhabitat’s control and supplies Inhabitat with aggregate information about the number of visits to different pages on our site. We do not link the “log data” collected to personally identifiable information submitted by users when participating in our activities.
SECURITY
Inhabitat has taken steps to ensure that personally identifiable information collected is secure, including limiting the number of people who have physical access to our database servers as well as electronic security systems and password protections, which guard against unauthorized access.
YOUR CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to legal@inhabitat.com or write us:
Inhabitat CA Privacy Coordinator
131 Essex St., Second Floor
New York, NY 10002
QUESTIONS/CONCERNS
If you have any questions regarding Inhabitat’s privacy policy, please contact us at: Inhabitat Privacy Coordinator, 131 Essex St., Second Floor, New York, NY 10002; email: legal@inhabitat.com
Inhabitat’s sites are intended for domestic visitors and, consequently, are specifically directed towards residents of the United States. This policy, like the online medium itself, is subject to change. This page was last updated on January 1, 2011.
