Terms of Use

Last updated 10 months ago

Introduction

Welcome to the Housecreep.ca website (herein referred to as the “Website”). The website is intended to assist users in gathering and sharing factual and/or historical information on homes, posting personal home-related experiences, and for no other purposes. This Website is offered to you conditioned upon your acceptance without modification of terms, conditions and notices set forth below. By accessing or using this Website in any manner, you agree to be legally bound by the Agreement. Please read the agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website.

Definitions

  1. The terms “we”, “us”, “our” and “Housecreep” refer to Housecreep. The term “you” refers to the user visiting the Website and/or contributing content on this Website.
  2. The term “Agreement” collectively refers to all terms, conditions and notices set forth below.
  3. The term “Content” includes, without limitation, any location information, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Housecreep.

Website Content

The Website contains Content specifically provided by Housecreep and such Content is protected by copyrights, trademarks or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.

Licence to Use

Subject to this Agreement, Housecreep grants each user of the Website and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Housecreep, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

Registration

You may browse the Website and view content without registering, but as a condition to using certain aspects of the Website, you are required to register with Housecreep and represent, warrant and covenant that you provide Housecreep with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Agreement, which may result in immediate termination of your Housecreep account.

Housecreep reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Housecreep password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Housecreep in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a Housecreep.ca account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our website. Housecreep does not knowingly collect the information of anyone. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Privacy

Your privacy is very important to us. Please review our Privacy Policy for more information.

Restricted Activities

The content and information on this Website (including, but not limited to, messages, data, information, text, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. Housecreep may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Website or Services in any way.

Additionally, you agree not to:

  • Create any account for anyone other than yourself without such person's permission;
  • Use a User Name that is the name of another person with the intent to impersonate that person;
  • Use a User Name or Housecreep account that is subject to any rights of a person other than you without appropriate authorization; or
  • Use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful;
  • Post home-related information that is knowingly false;
  • Use profane, obscene or vulgar language, of any kind, in your posts;
  • Post racially, ethnically or otherwise objectionable language;
  • Post insulting, libelous or offensive information ;
  • Post, circulate or promote any kind of illegal content, activity or behavior;
  • Post anything that violates the privacy rights, publicity rights, copyrights or any other rights of any person;
  • Post or circulate any junk mail or spam;
  • Link or refer users to other websites that contain or reference the prohibited content or actions outlined above;
  • Use this Website or its contents for any commercial purpose;
  • Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Deep-link to any portion of this Website for any purpose without our express written permission; or
  • "Frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Housecreep in connection with the Website or the services

Termination of Use

Any use of the Website in violation of the Agreement may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. Termination may also result in forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Website. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclosure of Information

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Housecreep's systems and customers, or to ensure the integrity and operation of Housecreep's business and systems, Housecreep may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Housecreep's right to disclose any such information shall take precedence over any terms of Housecreep's Privacy Policy.

User Submissions

We may use your User Submissions in a number of different ways in connection with the Website, Service and Housecreep’s business as Housecreep may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”).

By submitting User Submissions on the Website or otherwise through the Service, you hereby do and shall grant Housecreep a worldwide, non-exclusive, royalty-free, fully paid, sub licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Website, the Service and Housecreep's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Website and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Website, Service and Third Party Media. For clarity, the foregoing license grant to Housecreep does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Housecreep.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such Content originated; that Housecreep will not be liable for any errors or omissions in any Content; and that Housecreep cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Image Guidelines

User submitted photos uploaded from a user's computer or retrieved from a third party website, must adhere to the following guidelines:

Image Size & Format

Images must be no larger than 5 Megabytes, with a minimum resolution of 336 x 280. Accepted image formats include JPEG, PNG, GIF and BMP.

Content

Images must not contain any content that is graphic, pornographic, contains nudity, illegal activities, or gratuitous violence.

Copyright

Both user uploaded images and images sourced from third party websites, must be licensed under a free license, an acceptable creative commons license, or released into the public domain.

If you are unsure of the copyright status of an image, do not submit it.

Data Retention

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

Third Party Sites and Services

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Website. When you access third party websites, you do so at your own risk. These other websites are not under Housecreep's control, and you acknowledge that Housecreep is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Housecreep or any association with its operators. You further acknowledge and agree that Housecreep 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Indemnification

You shall defend, indemnify, and hold harmless Housecreep, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Website, Service, Content, Add-to Link or otherwise from your User Submissions, violation of this Agreement, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Housecreep). Housecreep reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Housecreep in asserting any available defenses.

Limitation of Liability

Housecreep takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Housecreep, it’s directors, employees, agents, representatives, partners, suppliers or content providers, liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

As a provider of interactive services, Housecreep is not liable for any statements, representations or Content provided by its users. Although Housecreep has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Housecreep reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.