Effective Date for New Users: August 26, 2013 / Effective Date for Current Users: September 26, 2013
The following terms and conditions apply to everyone who uses HomeCanvasr's Services (including real estate professionals), and they govern the relationship between HomeCanvasr and our users during their use of HomeCanvasr's Services.
The Services We Provide
Our Services: Our Services include real estate search services, real estate wanted postings, display of buyer criteria, and posting of owned property by property owners, and other content, products, and services available on the www.homecanvasr.com and HomeCanvasr mobile applications. The Services may sometimes be located on third-party Web sites or applications, either as links from an add-on service to, or otherwise in connection with, Web sites or applications that those third parties control. Our Services also include paid products and services. By purchasing or using our paid products and services, you agree to our Subscription Terms and Conditions.
None of Our Services Is an Offer or Promise to Sell: Nothing contained in the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.
Good Faith: By creating an account, you agree that you are signing up for HomeCanvasr's Services in good faith, and that you mean to use them only for their intended purposes as real estate information tools, real estate transaction tools and for no other reasons.
Security: While HomeCanvasr works to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.
Our Rules About Your Data Privacy
Our Rules About Your Content
Your Content Is Your Responsibility: You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (collectively "User Content") that you post, submit, publish, display or link to through the Services or send to other HomeCanvasr users. At all times, you promise to adhere to general standards of decency.
Be Truthful : You agree to provide accurate, complete, current, and truthful information when you add or edit facts about your home, or otherwise provide content via the Services.
Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful.
Do Not Violate Others' Rights : You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.
You Grant HomeCanvasr a License to Use Your Content: When you provide User Content via our Services, you grant HomeCanvasr a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for content you provide to us.
Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to HomeCanvsr may be redistributed through the Internet and other media channels, and may be viewed by the general public.
We reserve the right in our sole discretion to edit or remove information or materials provided by you.
Terms Involving Claiming Your Home
You will only claim homes for which you are the current legal owner, and you represent and warrant that the home you are claiming is owned by you and that the details you provide about your home are accurate.
You may be required to confirm your email address in order to add or edit facts about your home.
If you are no longer the legal owner for a home, you agree to release your claim on the home to permit the current legal owner to subsequently claim the home.
If someone has claimed your home in error or is no longer the current legal owner for the home, you agree to dispute the claim on our website.
We reserve the right in our sole discretion to block or remove claims on homes made by you.
You acknowledge that information that you provide about your home will be posted in public areas of the website and will be available to anyone who visits the site.
You acknowledge that we may display information about your home from other sources and that there may be discrepancies between the information provided by you and the information provided by these other sources; you release us from liability for any inconsistent information.
Rules for Real Estate Professionals
Information Provided by Real Estate Professionals
If you are a real estate professional, you agree that you will not claim or submit listings that do not belong to you. You also agree that you will not post fradulent or otherwise inaccurate information. Real Estate professionals are also bound by the terms applicable to all users.
HomeCanvasr User Information Provided to Real Estate Professionals
If you are a real estate professional, you agree that you will not use any information about HomeCanvasr users that is transferred to you during your use of HomeCanvasr's Site or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with real estate services. You further agree never to use such information for any illegal or harmful purpose.
Intellectual Property and Licenses
Our Materials Are Protected: All materials in HomeCanvasr's Site and Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively "Materials"), are proprietary property of HomeCanvasr, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing "HomeCanvasr" or any other name, trademark, or product name of HomeCanvasr without our permission.
Our Use of Third Parties' Marks Does Not Imply Endorsement: All other trademarks, registered trademarks, product names, and logos appearing on our Site and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. HomeCanvasr Does Not Own Real Estate Source Images: HomeCanvasr does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. HomeCanvasr uses these images and excerpted descriptions only as necessary to generate search results as navigational tools to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. HomeCanvasr does assert copyright and reserves all right to the search results and associated compilations.
Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), HomeCanvasr has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide HomeCanvasr's copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon
- A description of where the material that you claim is infringing is located on the Site
- Your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Before sending a notice to HomeCanvasr, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for HomeCanvsr's Copyright Agent for notice of claims of copyright infringement please email [email protected] for mailing instructions.
Third-Party Links, Sites, and Services
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF HOMECANVASR'S SITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, Non-Infringement, and any warranties arising out of course of dealing or usage of trade.
HomeCanvasr takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using our Site or Services. You understand and agree that you may be exposed to User Content is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
HomeCanvasr is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Site or Services.
Limitation Of Liability
IN NO EVENT SHALL HOMECANVASR, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Modification of HomeCanvasr Services
HomeCanvasr reserves the right to modify or discontinue (completely or in part) our Site, Services, or any content appearing therein. HomeCanvasr will not be liable to you or any third party if we exercise this right.
Modification of These Terms
Choice of Law
No Third-Party Beneficiaries or Rights
Entire Agreement & Severability
Limitation of Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Copyright © 2014 HomeCanvasr, Inc. ALL RIGHTS RESERVED.