TERMS OF USE - KatherineAir by Istockhomes
ISTOCKHOMES MARKETING LTD. TERMS OF USE Last Updated: August 6, 2013
ISTOCKHOMES MARKETING LTD. ("Istockhomes") provides services through its websites and computer servers, including but not limited to classified advertising, forums, and email forwarding. (All such services are referred to collectively herein as "Istockhomes.") By accessing or using Istockhomes, you are a "user" and you accept and agree to the terms below "Terms of Use" as a legal contract between you and ISTOCKHOMES MARKETING LTD.. ISTOCKHOMES MARKETING LTD. may post changes to the Terms of Use at any time, and any such changes will be applicable to all subsequent access to or use of Istockhomes.
Istockhomes is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized. You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on Istockhomes.
The Terms of Use grant you a limited, revocable, nonexclusive license to access Istockhomes and use Istockhomes, in whole or in part, including but not limited to Istockhomes intellectual property therein, solely in compliance with the Terms of Use.
" Istockhomes" is a trademark of ISTOCKHOMES MARKETING LTD. and is protected by Canadian and international laws. The Terms of Use do not authorize you to use "Istockhomes" or any similar or related marks for any use pertaining to classified advertising, Internet advertising, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with ISTOCKHOMES MARKETING LTD.
If you do not accept and agree to all provisions of the Terms of Use, now or in the future, you may reject the Terms of Use by immediately
terminating all access and use of Istockhomes, in which case any continuing access or use of Istockhomes is unauthorized.
ISTOCKHOMES MARKETING LTD. has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via Istockhomes by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Istockhomes) by any user (or any other third party in any manner); and to enforce the Terms of Use, for any reason and in any manner or by any means that ISTOCKHOMES MARKETING LTD., in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). ISTOCKHOMES MARKETING LTD. may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. ISTOCKHOMES MARKETING LTD. action or inaction to regulate content or conduct or to enforce against any potential violation of the Terms of Use by any user (or any other third party) does not waive ISTOCKHOMES MARKETING LTD. right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential Terms of Use violation.
You further agree that any representation (written or verbal) by any ISTOCKHOMES MARKETING LTD. Representative that ISTOCKHOMES MARKETING LTD. would or would not prevent, restrict, redress or regulate content or implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is non-binding and unenforceable. Specifically, you agree that ISTOCKHOMES MARKETING LTD., ISTOCKHOMES MARKETING LTD.
Representatives and anyone else authorized to act on behalf of ISTOCKHOMES MARKETING LTD. shall in no circumstance be liable as a result of any representation that ISTOCKHOMES MARKETING LTD., an ISTOCKHOMES MARKETING LTD. Representative or anyone else on behalf of ISTOCKHOMES MARKETING LTD. would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation.
ISTOCKHOMES MARKETING LTD. also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of I Istockhomes at any time without notice. ISTOCKHOMES MARKETING LTD. and ISTOCKHOMES MARKETING LTD. Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
You also understand and agree that any action or inaction by ISTOCKHOMES MARKETING LTD. or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "ISTOCKHOMES MARKETING LTD. Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither ISTOCKHOMES MARKETING LTD. nor any ISTOCKHOMES MARKETING LTD. Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the Terms of Use.
ISTOCKHOMES MARKETING LTD. does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to Istockhomes, and, if you create an account on Istockhomes, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold ISTOCKHOMES MARKETING LTD. and ISTOCKHOMES MARKETING LTD. Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Istockhomes or ISTOCKHOMES MARKETING LTD., and related to or arising out of any conduct or activities on, through or by use of your Istockhomes account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by ISTOCKHOMES MARKETING LTD. or ISTOCKHOMES MARKETING LTD. Representatives.
ISTOCKHOMES MARKETING LTD. does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/ or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
You automatically grant and assign to ISTOCKHOMES MARKETING LTD., and you represent and warrant that you have the right to grant and assign to ISTOCKHOMES MARKETING LTD., a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable worldwide license to copy, perform, display, distribute, prepare derivative works from and otherwise use any content that you post. You also expressly grant and assign to ISTOCKHOMES MARKETING LTD. all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you
post including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post.
Content prohibited from Istockhomes includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to Istockhomes would violate these Terms of Use or I ISTOCKHOMES MARKETING LTD. other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services.
You agree to indemnify and hold ISTOCKHOMES MARKETING LTD. and ISTOCKHOMES MARKETING LTD. Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit; (b) activity that occurs through or by use of your account; (c) your use of or reliance on any user content; and (d) your violation of the Terms of Use. This indemnification obligation includes payment of any attorneys' fees and costs incurred by ISTOCKHOMES MARKETING LTD. or ISTOCKHOMES MARKETING LTD. Representatives.
This section 4 applies to all uses and users of Istockhomes, unless ISTOCKHOMES MARKETING LTD. has specifically authorized an exception to a particular term for a particular user in a written agreement. ISTOCKHOMES MARKETING LTD. has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.
A user may post the same or substantially similar content no more than once every 24 hours.
Users may not circumvent any technological measure implemented by ISTOCKHOMES MARKETING LTD. to restrict the manner in which content may be posted on Istockhomes or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent Istockhomes accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."
A user may maintain and use no more than one account, including a telephone or phone-verified account ("PVA"), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the Terms of Use.
A user must only use his/her own account or PVA, and may not use any account or PVA of another. The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited.
A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited.
The collection of Istockhomes users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
To maintain the integrity and functionality of Istockhomes for its users, access to Istockhomes and/or activities related to Istockhomes that are
harmful to, inconsistent with or disruptive of Istockhomes and/or its users' beneficial use and enjoyment of Istockhomes are expressly unauthorized and prohibited. For example, without limitation:
Any access to or use of Istockhomes to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Istockhomes (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
Any copying, aggregation, display, distribution, performance or derivative use of Istockhomes or any content posted on Istockhomes whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and non-commercial public archives will be entitled to access Istockhomes without individual written agreements executed with ISTOCKHOMES MARKETING LTD. that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant Istockhomes website, service, forum or content; (b) they access Istockhomes from a stable IP address using an easily identifiable agent; and (c) they comply with ISTOCKHOMES MARKETING LTD. robots.txt file; provided however, that ISTOCKHOMES MARKETING LTD. may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access Istockhomes without their own written agreement executed with ISTOCKHOMES
MARKETING LTD.), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.
If you access Istockhomes or copy, display, distribute, perform or create derivative works from Istockhomes webpages or other ISTOCKHOMES MARKETING LTD. intellectual property in violation of the Terms of Use or for purposes inconsistent with the Terms of Use, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Istockhomes or any provision of the Terms of Use that restricts content, conduct, accounts or access is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of Istockhomes in compliance with the Terms of Use or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of Istockhomes in any manner are expressly prohibited.
Any effort to decompile, disassemble or reverse engineer all or any part of Istockhomes in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the Terms of Use.
You agree to indemnify and hold ISTOCKHOMES MARKETING LTD. and ISTOCKHOMES MARKETING LTD. Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by ISTOCKHOMES MARKETING LTD. or ISTOCKHOMES MARKETING LTD. Representatives.
ISTOCKHOMES MARKETING LTD. and ISTOCKHOMES MARKETING LTD. Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to,
and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
ISTOCKHOMES MARKETING LTD.0 may charge you a fee to post content or for other features, products, services or licenses. You are responsible to ISTOCKHOMES MARKETING LTD. for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize ISTOCKHOMES MARKETING LTD., or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.
Except as required by law, all fees are non-refundable, including, without limitation, in situations where paid posts are removed by ISTOCKHOMES MARKETING LTD. or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, ISTOCKHOMES MARKETING LTD. reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
Unless otherwise specified, all fees are in Canadian dollars and all charges will be made in Canadian dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
YOUR ACCESS TO, USE OF AND RELIANCE ON Istockhomes AND CONTENT ACCESSED THROUGH Istockhomes IS ENTIRELY AT YOUR OWN RISK. Istockhomes (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
WITHOUT LIMITING THE FOREGOING, ISTOCKHOMES MARKETING LTD. ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF Istockhomes AND CONTENT ACCESSED THROUGH Istockhomes; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF Istockhomes OR CONTENT ACCESSED THROUGH Istockhomes; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF Istockhomes OR CONTENT ACCESSED THROUGH Istockhomes (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON Istockhomes OR IN CONTENT).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
ISTOCKHOMES MARKETING LTD. AND THE ISTOCKHOMES MARKETING LTD. REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON Istockhomes OR CONTENT
ACCESSED THROUGH Istockhomes BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO Istockhomes OR CONTENT ACCESSED THROUGH Istockhomes, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ISTOCKHOMES MARKETING LTD. OR ANY ISTOCKHOMES MARKETING LTD. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF Istockhomes OR CONTENT ACCESSED THROUGH Istockhomes; ANY INABILITY TO ACCESS OR USE Istockhomes OR CONTENT ACCESSED THROUGH Istockhomes; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF Istockhomes OR CONTENT ACCESSED THROUGH Istockhomes.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF Istockhomes OR CONTENT ACCESSED THROUGH Istockhomes (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON Istockhomes AND LINKS IN CONTENT ACCESSED THROUGH Istockhomes).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You acknowledge and agree that any violation or breach of the Terms of Use may cause ISTOCKHOMES MARKETING LTD. immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the Terms of Use or other applicable legal requirements, ISTOCKHOMES MARKETING LTD. has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the Terms of Use. In addition to any and all other remedies available to ISTOCKHOMES MARKETING LTD. in law or in equity, ISTOCKHOMES MARKETING LTD. may seek specific performance of any term in the Terms of Use, including but not limited to by preliminary or permanent injunction.
ISTOCKHOMES MARKETING LTD. agrees to comply with applicable Canadian privacy legislation.
In addition to any injunctive relief, you agree to pay to ISTOCKHOMES MARKETING LTD. the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the Terms of Use for which you bear responsibility.
Any and all claims, causes of action or disputes between you and ISTOCKHOMES MARKETING LTD. arising out of or related to the Terms of Use, Istockhomes or content accessed through Istockhomes shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to conflict or choice of law principles. You and ISTOCKHOMES MARKETING LTD. agree that any such claims, causes of action or disputes shall be brought exclusively in courts located in Vancouver, British Columbia, Canada, and you and ISTOCKHOMES MARKETING LTD. agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute
or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use is found by a court of competent jurisdiction to be unenforceable, all other provisions of the Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire agreement between you and ISTOCKHOMES MARKETING LTD. and supersede any prior written or oral agreement. Other than the ISTOCKHOMES MARKETING LTD. Representatives (who are expressly included as named third-party beneficiaries of the Terms of Use), there are no third- party beneficiaries to the Terms of Use.
