Welcome to HOME IDEAS website. This Terms & Conditions of Use Agreement (“Agreement”) constitutes a legally binding contract between HOME IDEAS ONLINE (Pty) Ltd and hereinafter referred to as (“HOME IDEAS,” “we,” “us,” “our”) and you with respect your use of the HOME IDEAS website , the Information and Services (each as defined below) (collectively, the “Website”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Website or any of the Information or Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
Permitted Use of Services and Information
The services made available on, by or through the Website, which include or may include, without limitation, HOME IDEAS registration, My Idea Book, message boards and involvement in HOME IDEAS events (collectively, the “Services”), as well as any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, articles, links and references (collectively, the “Information”), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted herein. Without the written consent of HOME IDEAS, no Information or any other HOME IDEAS materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitised, translated, modified, transmitted, distributed or commercially exploited in any way, except where expressly permitted herein.
HOME IDEAS permits you to view and print a reasonable number of copies of web pages located on the Website for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide written acknowledgment to HOME IDEAS, (c) the material is printed in its entirety without modification, reformatting or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement and remain the property of HOME IDEAS. You understand and agree that you may not authorise any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorised reproduction and/or other use of the Information. You agree to advise HOME IDEAS promptly of any such unauthorised use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of HOME IDEAS or others.
Third-Party Products, Articles and Services
Descriptions or images of, or references to, third-party products, services or publications on the Website do not imply our endorsement of such products, services and publications, and we are not responsible for, and disclaim any endorsement of, any such product, service or publication.
Comments and reviews are solely the opinions of the users that post them and none of the Reviews contain or reflect any opinions or views of HOME IDEAS.
The HOME IDEAS website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with HOME IDEAS
Intellectual property statement
Copyright in any information or trademarks displayed anywhere on the HOME IDEAS website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by HOME IDEAS, or by the original creator of the materials, or by suppliers and service providers to HOME IDEAS. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described by HOME IDEAS or with the prior written permission HOME IDEAS. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on the HOME IDEAS website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Amendment to terms and conditions
We reserve the right at any time, with or without cause, to:
-Â Â Â Change the terms and conditions of this Agreement;
-Â Â Â Change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website; or
-Â Â Â Deny or terminate your use of and/or access to the Website.
Disclaimers of warranties and limitation of liability
THE HOME IDEAS WEBSITE IS PROVIDED BY HOME IDEAS ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER HOME IDEAS, NOR ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HOME IDEAS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HOME IDEAS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, HOME IDEAS ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOME IDEAS DOES NOT WARRANT THAT THE HOME IDEAS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM HOME IDEAS ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. HOME IDEAS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE HOME IDEAS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL HOME IDEAS, ITS DIRECTORS, EMPLOYEES, OFFICERS, OR ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE HOME IDEAS WEBSITE, SERVICES PROVIDED BY HOME IDEAS ON ITS WEBSITE OR PROVIDED USING THE MEDIUM OF ITS WEBSITE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Acceptable Use Policy
You agree not to use the Information, Services or the Website to take any action or actions that:
1.Â Â Â Are contrary to HOME IDEAS’s public image, goodwill or reputation;
2.Â Â Â Infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
3.Â Â Â Express or imply that any of your statements, activities or causes are endorsed b us,Â Â without our prior written consent in each instance;
4.Â Â Â Violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
5.Â Â Â Are libellous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
6.Â Â Â Transmit any trade secret or other material, non-public information about any person, company or entity without the authorisation to do so;
7.Â Â Â Restrict or inhibit any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
8.Â Â Â Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
9.Â Â Â Remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
10.Â Â Â Sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
11.Â Â Â “Frame” or “mirror” any part of the Website without our prior written authorisation;
12.Â Â Â Distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
13.Â Â Â Interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of HOME IDEAS or its licensors or suppliers;
14.Â Â Â Involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
15.Â Â Â Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
16.Â Â Â Forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
17.Â Â Â Execute any form of network monitoring or run a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you; and/or
18.Â Â Â Harvest or collect information about any Website visitors or members without their express consent.
Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.
The Website is owned and operated by HOME IDEAS and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of HOME IDEAS and its licensors and suppliers. The Information and Services are protected by the laws of the Republic of South Africa and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written permission. The Information, Website, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorised in writing by HOME IDEAS or, if so indicated in writing by HOME IDEAS, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of HOME IDEAS, HOME IDEAS licensors and suppliers, and/or others. HOME IDEASÂ® is a registered trademark of HOME IDEAS, Inc. Nothing contained in this Agreement or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of HOME IDEAS, HOME IDEAS licensors or suppliers, or the third party owner of any such Trademark.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by HOME IDEAS as provided herein or otherwise by written instrument signed by HOME IDEAS. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with HOME IDEAS’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. HOME IDEAS may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
This Website is Operated By
HOME IDEAS ONLINE (Pty) Ltd
Effective 1 March 2013
Last modified as of 1 March, 2013