1. INTRODUCTION AND ACCEPTANCE
Welcome to cubbyathome.com (the “Website”). The Website is an interactive online service operated by Apartment Therapy, LLC (“us”, “we” or “our”).
2. INTELLECTUAL PROPERTY
3. WEBSITE ACCESS AND USE
i. remove, alter, cover or distort any copyright, trademark or other proprietary rights notice on the Website or Website Content;
ii. circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
iii. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without the express written permission of Apartment Therapy;
iv. collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords or email addresses;
v. solicit other users to join or become members of any commercial online service or other organization;
vi. attempt to or interfere with the proper working of the Website or impair, overburden or disable the same;
vii. decompile, reverse engineer or disassemble any portion of the Website;
viii. use network-monitoring software to determine architecture of or extract usage data from the Website;
ix. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person or entity (e.g., using another person’s Membership (as defined in Section 5(B) below) without permission);
x. violate U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
xi. engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
C. Notwithstanding anything to the contrary contained in clause (B)(iii) above, Apartment Therapy grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time.
4. CONDITIONS FOR LINKING TO THE WEBSITE
We hereby grant you a non-exclusive, limited license, revocable at our discretion, for any reason and for no reason, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
5. USER REGISTRATION
A. In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to Apartment Therapy.
B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (a “Membership”), which may grant you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at email@example.com of any breach of security or unauthorized use of your Membership.
6. USER CONTENT; COMMENTS
A. We may now or in the future permit users to post, upload, transmit through or otherwise make available on the Website (collectively, “submit”) messages, comments, text, illustrations, files, images, graphics, photos, sounds, music, videos, information, content and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. It is your sole responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. The interactive areas of the Website are provided to give users a forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgement when submitting information to the Website. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you on the public areas of the Website. We do not guarantee any confidentiality with respect to User Content, even if it is not published on the Website.
B. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
C. By submitting any User Content on, or communicating with, the Website or other channel (including, but not limited to: posting a comment to a Website post; publishing a picture or video on our Facebook profile; participating in an Internet conversation by publishing a Tweet that incorporates a hashtag encouraged by or otherwise referencing us or the Website, or via Instagram or other social media platform; submitting User Content to us via email in response to a request for submissions on the Website or other social media platform), you represent, warrant and covenant that you will not submit any User Content that:
i. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right of any person or entity;
ii. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
iii. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
iv. is an advertisement for goods or services or a solicitation of funds;
v. includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses or employer references;
vi. contains a formula, instruction or advice that could cause harm or injury;
vii. is a chain letter of any kind; or
viii. would result in us having any obligation or liability to any party.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
E. By submitting User Content, you also grant us the right, but not the obligation, to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to such User Content.
F. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when posting or viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. Further, we reserve the right to delete, move or edit any User Content submitted at any time, for any reason and in our sole discretion. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User Content or otherwise make it available to you.
H. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any third party, you agree to promptly provide us with detailed written notice thereof to Apartment Therapy, LLC, 270 Lafayette Street, Suite 1300, New York, New York 10012 (Attn: DMCA Agent), or fax number (801) 996-7174.
7. WEBSITE CONTENT AND THIRD-PARTY LINKS
A. We provide the Website including, without limitation, Website Content and User Content, for entertainment, educational and/or promotional purposes only. You may not rely on any information or opinions expressed on the Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness or usefulness of Website Content or User Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content or User Content.
B. In many instances, Website Content will include content posted by a third party or will represent the opinions and judgments of a third party, including, without limitation, User Content. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness or reliability of any opinion, advice or statement made on the Website by anyone other than authorized employees or spokespersons of Apartment Therapy while acting in their official capacities.
C. If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, we are under no obligation to become involved. If there is such a dispute, you hereby release Apartment Therapy and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
D. The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website.
E. The Website does not provide any medical advice. No Website Content is intended to be professional medical advice, diagnosis or treatment, or a substitute thereof. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or a wellness program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
The Website may include certain services that may be available via your mobile phone, including, without limitation, (i) the ability to upload to the Website via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (iii) the ability to access the Website from your mobile phone (Mobile Web) (collectively, the “Mobile Services”). We do not currently charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, APARTMENT THERAPY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (i) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (iii) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (iv) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH THE WEBSITE; (v) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (vi) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (vii) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
11. LIMITATION ON LIABILITY
C. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you; however, these limitations shall apply to the fullest extent permitted by law in such jurisdictions.
B. If you become a registered user, you may terminate your Membership at any time by sending an e-mail to firstname.lastname@example.org.
13. COPYRIGHT POLICY
A. Apartment Therapy respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, Apartment Therapy may terminate and/or disable the Membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, Apartment Therapy may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.
B. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims of copyright infringement (its “Designated Agent”). Apartment Therapy’s Designated Agent may be reached at:
Apartment Therapy, LLC
270 Lafayette Street, Suite 1300
New York, New York 10012
Attn: DMCA Agent
Email us at email@example.com
C. If you are a copyright owner (or are authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. If your notice of infringement relates to a recipe, then you may want to review the U.S. Copyright Office’s Circular on the copyrightability of recipes prior to reporting your notice of infringement. For more information on our DMCA policy, please click on this hyperlink: Infringements.
14. CHOICE OF LAW; JURISDICTION AND VENUE
15. DISPUTE RESOLUTION; BINDING ARBITRATION
In the Dispute Resolution Section only, “we” and “us” are used to refer to you and Apartment Therapy together.
ii. If either of us wants to arbitrate a dispute, we agree to send written notice to the other party providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: Apartment Therapy, LLC, ATTN: Legal Department, 270 Lafayette Street, Suite 1300 , New York, New York 10012. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
vi. We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
vii. The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.
C. Either of us may bring qualifying claims in small claims court.
16. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
17. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
18. AMENDMENT; ADDITIONAL TERMS
19. TERRITORIAL RESTRICTIONS
Software related to or made available by the Website may be subject to United States export controls. Thus, no software from the Website may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
Effective: September 17, 2020. © 2020 Apartment Therapy, LLC