2. INTELLECTUAL PROPERTY
3. WEBSITE ACCESS AND USE
i. remove, alter, cover or distort any copyright, trademark or other proprietary rights notice on the Website or Website Content;
ii. circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
iii. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without the express written permission of Apartment Therapy;
iv. collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords or email addresses;
v. solicit other users to join or become members of any commercial online service or other organization;
vi. attempt to or interfere with the proper working of the Website or impair, overburden or disable the same;
vii. decompile, reverse engineer or disassemble any portion of the Website;
viii. use network-monitoring software to determine architecture of or extract usage data from the Website;
ix. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person or entity (e.g., using another person’s Membership (as defined in Section 5(B) below) without permission);
x. violate U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
xi. engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
C. Notwithstanding anything to the contrary contained in clause (B)(iii) above, Apartment Therapy grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time.
4. CONDITIONS FOR LINKING TO THE WEBSITE
We hereby grant you a non-exclusive, limited license, revocable at our discretion, for any reason and for no reason, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
5. USER REGISTRATION
A. In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to Apartment Therapy.
B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (a “Membership”), which may grant you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership.
6. USER CONTENT; COMMENTS
A. We may now or in the future permit users to post, upload, transmit through or otherwise make available on the Website (collectively, “submit”) messages, comments, text, illustrations, files, images, graphics, photos, sounds, music, videos, information, content and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. It is your sole responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. The interactive areas of the Website are provided to give users a forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgement when submitting information to the Website. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you on the public areas of the Website. We do not guarantee any confidentiality with respect to User Content, even if it is not published on the Website.
B. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
C. By submitting any User Content on, or communicating with, the Website or other channel (including, but not limited to: posting a comment to a Website post; publishing a picture or video on our Facebook profile; participating in an Internet conversation by publishing a Tweet that incorporates a hashtag encouraged by or otherwise referencing us or the Website, or via Instagram or other social media platform; submitting User Content to us via email in response to a request for submissions on the Website or other social media platform), you represent, warrant and covenant that you will not submit any User Content that:
i. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right of any person or entity;
ii. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
iii. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
iv. is an advertisement for goods or services or a solicitation of funds;
v. includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses or employer references;
vi. contains a formula, instruction or advice that could cause harm or injury;
vii. is a chain letter of any kind; or
viii. would result in us having any obligation or liability to any party.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
E. By submitting User Content, you also grant us the right, but not the obligation, to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to such User Content.
F. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when posting or viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. Further, we reserve the right to delete, move or edit any User Content submitted at any time, for any reason and in our sole discretion. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User Content or otherwise make it available to you.
H. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any third party, you agree to promptly provide us with detailed written notice thereof to Apartment Therapy, LLC, 270 Lafayette Street, Suite 1300, New York, New York 10012 (Attn: DMCA Agent), or fax number (801) 996-7174.
7. WEBSITE CONTENT AND THIRD-PARTY LINKS
A. We provide the Website including, without limitation, Website Content and User Content, for entertainment, educational and/or promotional purposes only. You may not rely on any information or opinions expressed on the Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness or usefulness of Website Content or User Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content or User Content.
B. In many instances, Website Content will include content posted by a third party or will represent the opinions and judgments of a third party, including, without limitation, User Content. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness or reliability of any opinion, advice or statement made on the Website by anyone other than authorized employees or spokespersons of Apartment Therapy while acting in their official capacities.
C. If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, we are under no obligation to become involved. If there is such a dispute, you hereby release Apartment Therapy and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
D. The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website.
E. The Website does not provide any medical advice. No Website Content is intended to be professional medical advice, diagnosis or treatment, or a substitute thereof. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or a wellness program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.