These Terms of Service (these “Terms”) govern your use of the California Home + Design website currently located at www.californiahomedesign.com (the “Site”). The Site is owned and operated by CHD Media, Inc. Please read these Terms carefully before using the Site. By using the Site, you agree to these Terms.
1. Ownership
The content on the Site, other than Submissions (defined below), including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) and the CH+D word marks and CH+D design marks, as well as certain other of the names, logos, and materials displayed on or through the Site that constitute trademarks (“Marks”) are owned by or licensed to CH+D and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.
2. Use of the Site and Content
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Site, or any portion of the Site, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by CH+D and its applicable licensors. The Site is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. You agree that CH+D may use any information CH+D obtains about you in accordance with the provisions of CH+D’s Privacy Policy.
When you use the Site, you may not:
• violate any law or regulation; violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights of someone else;
• transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• transmit any malicious or unsolicited software; • stalk, harass, or harm another individual;
• impersonate or misrepresent your affiliation with someone else;
• use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Site (although we do allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and we reserve the right to revoke these exceptions either generally or in specific cases);
• use automated methods to use the Site in a manner that sends more requests to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or
• interfere with or disrupt the Site.
3. Interactions with Businesses on the Site
CH+D is not responsible for any damage or loss related to your interactions with any business that promotes its products or services on or through the Site, including any communications, advertisements, promotions, or offers made by a Business using the Site. CH+D is not a party to any transaction between you and any business that promotes its products or services on or through the Site and has no obligation to monitor or enforce any transactions.
4. Submissions
The Site may enable you to submit your personal content to the Site for hosting, display, and distribution to other users of the Site (collectively “Submissions”), such as posting messages and other content to community and interactive areas of the Site. When you provide CH+D with a Submission, you give CH+D and its affiliates permission to use your Submission as follows: you grant to CH+D and its affiliates a license to use, copy, display and perform your Submission in connection with the Site. We may display advertisements in connection with your Submission or on pages where your Submission may be viewed by you or others and we may use your Submission to advertise and promote CH+D, the Site or the Services. Our license to your Submission is non-exclusive, meaning you may use the Submission for your own purposes or let others use your Submission for their purposes. Our license to your Submission is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your Submission. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time. CH+D does not, as part of a regular, established practice, monitor, control, or have knowledge of any Submissions transmitted on or through the Site. You agree that you are solely responsible for all Submissions you transmit and receive on or through the Site.
You promise that:
• you own all rights to your Submissions or, alternatively, that you have the right to give CH+D the rights described above;
• you have paid and will pay in full any fees or other payments that may be related to the use of your Submissions; and
• your Submissions does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit Submissions. We may remove Submissions from the Site for any reason.
5. Feedback
You further agree that CH+D and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than Submissions (“Feedback”), whether oral or written, that you may send to CH+D or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that CH+D has no duties to you, with respect to such Feedback.
6. Copyright and Intellectual Property Policy
CH+D respects the intellectual property rights of others. Upon proper notice, CH+D will remove Submissions or other applicable content that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, CH+D has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send CH+D’s copyright agent (listed below) a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit CH+D to locate the material on the Site; (c) information reasonably sufficient to permit CH+D to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.
Please send all of the above enumerated information to the following CH+D copyright agent:
3255 Sacramento St, San Francisco CA, 94115
E: info@chdmedia.com
Please do not send notices or inquiries unrelated to alleged copyright infringement to CH+D’s designated agent.
7. Links to and from other Web Sites
CH+D permits the linking to the Site from any other website so long as the linking website does not contain libelous, defamatory, obscene, illegal, or otherwise objectionable content in CH+D’s sole determination. Any link must not frame the Site and must be to the entire Site rather than to a particular page or graphic. CH+D reserves the right to request any linking website to remove such link to the Site for any reason or for no reason. Any linking website agrees to comply with such a request within 24 hours of receipt of such a request from CH+D. The Site may provide, or users of the Site may provide, links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that CH+D is not responsible for the availability of such websites or resources, and CH+D does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that CH+D shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products, or services available on or through any such website or resource.
8. Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CH+D AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). CH+D AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND (f) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE. CH+D AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CH+D AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CH+D OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 9. Limitation of Liability YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CH+D OR ITS AFFILIATES OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.
10. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent CH+D may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of CH+D’s liability shall be the minimum permitted under such applicable law. 11. Indemnity You agree to indemnify, defend, and hold harmless CH+D, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Site; (b) your (or anyone using your account’s) use of the Site; (c) your (or anyone using your account’s) violation of these Terms; or (d) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, other intellectual property, or proprietary rights of any person or entity. CH+D reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CH+D in asserting any available defenses. 12. Force Majeure Without limiting the foregoing, under no circumstances will CH+D be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. 13. Termination If you violate any of these Terms, your permission to use the Site and the Content automatically terminates. 14. Modifications to the Site CH+D reserves the right to modify or discontinue the Site with or without notice to you. CH+D shall not be liable to you or any third party should CH+D exercise its right to modify or discontinue the Site. 15. Other Provisions These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts located in San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of CH+D to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms, together with CH+D’s Privacy Policy and any other rules or guidelines posted in connection with the Site, are the entire and exclusive agreement between CH+D and you regarding the Site, and these Terms supersede and replace any prior agreements between CH+D and you regarding the Site. 16. Changes to these Terms CH+D may, in its sole and absolute discretion, change these Terms from time to time. CH+D will post a copy of the Terms as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.
11. Subscription Refund Policy
No refunds or credits are applied for returns on issues or subscriptions. However if you decide to return an issue, you will be responsible for paying for your own shipping costs for returning an item.
12. Shipping Policy
You will be responsible for paying for your own shipping costs for returning any issues. Shipping costs are nonrefundable.