Thursday, July 24, 2008

Terms and Conditions

House of Dev, your Vancouver, BC based partner for website design, Canadian web hosting, internet marketing, Webservices & internet software development.

Please Read These Terms and Conditions Before You Visit the House of Dev Site. You Must Comply With Them to Use the House of Dev Site.


Before you enter the House of Dev site (the "Site"), or use any House of Dev products or services, it is important that you carefully review the Terms and Conditions of usage set forth below. The Terms and Conditions may be updated or changed from time to time and you should check this page periodically.


By entering and using the Site, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and House of Dev that you will comply with the Terms and Conditions and use the Site only in a manner that is consistent with these Terms and Conditions. Your use of the Site is conditioned on these Terms and Conditions and your compliance with them. If you do not agree to the Terms and Conditions, do not access the Site or use any of its services.

1. Who Can Be a House of Dev Member?

House of Dev Membership is available to anyone who is at least 13 years of age or older who registers all required information (including an accurate, legitimate email address) and obtains a unique House of Dev Member Username and Password. Persons under the age of 13 cannot become a member unless they provide House of Dev with evidence of their parent’s or guardian’s express consent to obtain House of Dev Membership.


2. Can I Have More Than One Membership?

Each Member is allowed to have only one House of Dev Membership and the privileges associated with Membership. House of Dev allows only one member per registered legitimate email address. Membership is for personal use only and is non-transferable.


3 . What Happens if I Violate These Terms and Conditions?

Members who violate the Terms and Conditions may have their membership terminated, revoked, services cancelled and their pages and materials, or portions thereof, suspended, deleted or removed without warning. House of Dev will not return removed materials to a member. House of Dev is not responsible for any loss of data resulting from removal of member material.


4. What Content or Materials Are Not Allowed on The House of Dev Site?

House of Dev is committed to promoting the free-flowing exchange of graphic expression relating to Member’s interests, activities and hobbies while maintaining standards consistent with the Internet community and the societies of the world. House of Dev does not actively police the House of Dev Site. Accordingly, no House of Dev Member or other user of the Site may process, digitize, post, upload, store, share or otherwise display on the House of Dev Site:



a. Content or material that we believe is pornographic, obscene, or of an adult or sexual nature;
b. Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity;
c . Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18;
d . Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
i) Instructions on how to assemble or use bombs, grenades or other weapons; and
ii) Disseminating personal information about another individual for malevolent purposes, including libel,
slander, defamation or violation of an individual’s right to privacy.
e. Copyrighted content or material that is used without the express permission of the owner;
Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law. Uploading these images to the House of Dev Community without the owner's permission may constitute copyright infringement and may result in termination of your House of Dev membership.
f. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy and publicity rights and harm to reputation; or
g . Any links to the above.


House of Dev has the sole discretion to decide whether content or material is prohibited on the Site and any materials submitted to the Site may be examined from time to time. You acknowledge that although House of Dev does not and cannot examine all content and material submitted or transmitted to the Site, House of Dev has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice.


You, and not House of Dev, are solely responsible and liable for all content posted and stored in the House of Dev community. You should also know that in visiting the House of Dev community, you may be exposed to materials you consider to be offensive and you assume responsibility for your exposure.

5. How Do the Copyright Laws Apply to Materials I Submit to House of Dev?

When you become a House of Dev member, you become a participant in the House of Dev community. Your photographs will be viewed and made available to others in the House of Dev community and we may incorporate them in directories, search results or in any other places on the House of Dev site.

As a condition of membership, you hereby grant House of Dev a perpetual, universal, nonexclusive right to copy, display, modify, alter, transmit and distribute any materials provided by you to the House of Dev community. You are the owner of all materials submitted by you to House of Dev and you represent and guarantee to House of Dev, as a condition of membership, that you are the legal owner of the copyright to all materials you submit to House of Dev or that you have permission from the copyright owner to submit the materials to House of Dev.

6. What Can I Do With Materials Provided By House of Dev?

All of the material on the House of Dev Site is protected by the copyright laws of Canada and other countries. You are only allowed to use these materials as indicated on the House of Dev site; other uses are prohibited by copyright laws.

All of the material contained in the House of Dev Nightlife Gallery and the Members Gallery may be viewed only on the House of Dev Site. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format, electronic or otherwise.


7. What Do I Do If I Think There May Be a Copyright Infringement?

If you believe that your material or the material of another has been wrongfully copied, House of Dev has a process for you to register your complaint through a link on the bottom of each page on the Site titled "Report Community Copyright Violations." In order for House of Dev to investigate and address your complaint, please provide House of Dev with all information requested.


8. How Are Copyright Infringement Claims Handled?

Upon notice of a potential copyright infringement, House of Dev will immediately delete or suspend access to the infringing material. House of Dev may also provide the member who posted the allegedly infringing material with contact information for the complaining party and may ask that the member work with the complaining party to resolve the dispute.


A copy of your Response, including your name and address, will be sent to the person who complained about your posting, and unless this person files a lawsuit concerning the posting within in 14 days of receiving a copy of your Response, the deleted materials may be returned to your album.


If a clear copyright, trademark, patent, publicity rights, or other infringement comes to the attention of House of Dev, House of Dev reserves the right to delete all infringing files and terminate the user’s membership without receiving a complaint from the person whose rights have been infringed.


9. What Happens if My Postings Are Repeatedly Challenged as Copyright Infringements?

If your postings are repeatedly challenged as copyright infringements, House of Dev reserves the right to terminate your membership.


10. Is Information I Submit to House of Dev Kept Private?

House of Dev will never release your name or other personal information without your permission unless required by law. House of Dev may use aggregated member information that does not identify any individual member. House of Dev makes every effort to maintain the security of the storage of private information, but you acknowledge that the exchange between House of Dev’ members and others of information such as passwords or electronic mail may not be secure. House of Dev encourages members to change their passwords frequently. Postings and other communications on the House of Dev Site are not private. For additional information, please read our "Privacy Statement" which can be accessed from the link at the bottom of the House of Dev home page.


11. Will I Receive Email From House of Dev as a Result of My Membership?

House of Dev will not send unsolicited email. All House of Dev emails, including newsletters and announcements, will contain information on how to unsubscribe from that email list. In the event that you receive an email that you think is unsolicited, please follow the instructions contained in the email for letting us know and House of Dev will make every effort to have your email address removed from future mailings.

12. What If Materials I Submit To House of Dev or Use on The Site Are Lost or Corrupted?

House of Dev urges all members to maintain backup versions of their House of Dev pages and materials to guard against losses of any kind. House of Dev is not responsible for any loss of data and/or files, nor is it required to return any data, resulting from House of Dev’ suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason.


13. By Becoming a House of Dev Member, You Agree To Indemnify House of Dev for Any Claims Resulting From Your Violation of These Terms and Conditions.

YOU AGREE TO INDEMNIFY AND HOLD House of Dev, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS, YOUR USE OF THE House of Dev SERVICE, AND THE CONDUCT OF ANOTHER ACCESSING THE House of Dev SERVICE THROUGH YOUR MEMBERSHIP.


14. House of Dev Makes No Warranties To Its Members.

House of Dev EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


15. Limited Liability of House of Dev.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT House of Dev WILL HAVE NO LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH YOUR USE OF THE House of Dev SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


16. House of Dev May Amend These Terms and Conditions At Any Time.

You agree that House of Dev reserves the right to amend these Terms and Conditions at any time, for any reason, and without notice, including the right to terminate House of Dev services or any part of the services.


17. This is The Entire Agreement Between You and House of Dev.

These Terms and Conditions are the entire agreement between you and House of Dev and govern your use of the House of Dev Site and services. This agreement supersedes any prior agreements between you and House of Dev. The failure of House of Dev to enforce any right or provision of this agreement does not constitute a waiver of the right or provision. If any portion of this agreement is deemed to be invalid, the other portions of the agreement will remain in full force and effect.