TERMS OF USE AGREEMENT

Welcome to the Houzz site!

This Terms of Use Agreement ("Agreement") constitutes a legally binding contract between Houzz Inc., a Delaware corporation ("Houzz," "we," "us," "our") and you with respect to your use of the Houzz website, applications, and the products and services offered by Houzz through them (collectively, the “Site”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, you should not use the Site.

This Agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

Changes to the Site or Terms

We reserve the right at any time to:

  • change the terms and conditions of this Agreement, consistent with applicable law;
  • change the Site, including eliminating or discontinuing any Information or Services (defined below) or other features in whole or in part; and
  • deny or terminate your use of and/or access to the Site.

Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Site, and posting notice of such changes on the Site or in another manner in our reasonable discretion. You agree that your continued use of the Site after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this Agreement, you should not use the Site. Be sure to return to this page periodically to ensure your familiarity with the most current version of this Agreement.

Eligibility

By registering with or using this Site you represent, acknowledge and agree that you are at least the age of majority where you reside. Regardless of the age of majority where you live, if you are not at least 13 years old, you may not use the Site.

Registration

Access to certain functionalities of the Site will require you to register with and/or provide certain information to Houzz. If and when you register with or provide information to Houzz, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.

Professional Profiles

Home improvement professionals may elect to register as a professional and create a professional profile on Houzz. Subject to the terms of this Agreement, such users can use the features made available by Houzz to promote their business on the Site.

Privacy Policy

You acknowledge and agree that any personal information provided by you through registration or collected by us in connection with your use of the Site or any Services will be treated in the manner described in our Privacy Policy, which can be found at http://www.houzz.com/privacyPolicy. Our Privacy Policy is incorporated into this Agreement, and you agree to its terms.

Your Permitted Use of Services and Information

The services made available on the Site (collectively the "Services"), as well as any information provided through the Site (collectively, the "Information"), are provided for your personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted in this Agreement. No Houzz materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted in this Agreement. Houzz’s permission to you for your use of this Site expressly excludes commercial use by you of any Information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Site.

Houzz permits you to view and print a reasonable number of copies of web pages located on the Site 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 attribution to Houzz, (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 Houzz. You understand and agree that you may not authorize 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 unauthorized reproduction and/or other use of the Information. You agree to advise Houzz promptly of any such unauthorized 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 Houzz or others.

Postings and Other Submissions

As part of your use of the Site, you may participate in certain ideabooks, message boards, member communications and/or other public forums. Your participation is voluntary; however, by choosing to create ideabooks, post photos or comments, send any messages, or otherwise participate in any Houzz forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, reviews or content provided by you (collectively, "Content") may be viewed by the general public and will not be treated as private, proprietary or confidential. You hereby grant to Houzz and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute such Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in such Content. Such permission shall be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you to or through this Site.

Houzz acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to Houzz in the paragraph above, and that no ownership of such copyrights is transferred to Houzz under these terms. Further, with respect to Content in the form of photos, and subject to Houzz product and user experience considerations: (a) Houzz will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) Houzz will not license or sublicense to third parties individual photo Content or collections of photo Content submitted by you, except in each case for Houzz Business Purposes. "Houzz Business Purposes" means any use in connection with a Houzz-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Site, the Services, the Information, Houzz, or its affiliates.

By posting or providing any Content on the Site, you represent and warrant to Houzz that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person (or such person’s parent/legal guardian if applicable) appearing in the photograph to use their image and permit us to use and license it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement. By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement.

Houzz may enable you to post ratings or reviews of vendors, service providers and/or their products or services on the Site (your "Reviews"). Reviews are considered Content. You may not post any reviews about a vendor, service provider or any of their products or services if you are (a) an employee, contractor, officer or director of the vendor and/or service provider; (b) an employee, contractor, officer or director of a competitor of the vendor and/or service provider; or (c) related to the vendor and/or service provider in any way, including by blood, adoption or marriage. By posting a Review, you acknowledge and agree that such Content:

  1. is based upon your first-hand experience with the vendor, service provider or product or service that is the subject of the Review;
  2. is accurate, truthful and complete; and
  3. is not defamatory, trade libelous, or otherwise in violation of our Acceptable Use Policy below, all as determined by us in our sole and absolute discretion.

You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person (or such person’s parent/legal guardian, if applicable).

If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason, except as required by the applicable law.

You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Site.

Third-Party Links

The Site may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked Third-Party Site or any material contained on any linked Third-Party Site, and we disclaim any such approval or endorsement. We do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.

Products and Services

You may be provided the opportunity on the Site or through the Services to purchase products or services that are offered, sold or manufactured by third parties (collectively "Products"). Such Products may be available for purchase directly from third-parties or from Houzz.

The availability of any Products on the Site does not imply our endorsement of the Products. Reviews are solely the opinions of the users that post them. None of the Reviews contain or reflect any opinions or views of Houzz.

We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product bought directly from Houzz is not as described, then your sole remedy is to return it in unused condition

Houzz and sellers on the Site strive for accuracy in pricing of the products sold. However, occasional errors or mistakes may cause inaccurate prices to appear on the Site. We have the right to void any purchases that display an inaccurate price.

Plant and Seed Exchange

You may be offered the ability to exchange plants or seeds with other users in the exchanges forums.

Seed and plant exchanges are regulated by government laws. By participating in these forums, you agree that you will familiarize yourself with and follow all applicable local and national laws in your country.

Additionally, you agree to follow Houzz’s policy that: 1) you may not charge for seed or plant exchanges, but requiring pre-paid postage is permitted; and 2) you may not use the forum to seek exchange of plants or seeds with someone from another country. Houzz expressly disclaims any liability with respect to plants or seeds offered through exchanges.

Acceptable Use Policy and Prohibited Products Policy

When using the Site, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our "Acceptable Use Policy."

Additionally, if you are a professional, a vendor, or a seller, who is authorized to offer products or services on the Site, you agree to abide by the "Prohibited Products Policy"

Improper use of the Information, Services or Site may result in termination of your access to and use of the Site, and/or civil or criminal liabilities.

Ownership

The Site is owned and operated by Houzz and its licensors. The Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Houzz and its licensors and suppliers. The Information and Services are protected by U.S. 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 Site or any Service or Information without our prior written permission. The Site, Information, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Houzz or, if so indicated in writing by Houzz, its licensors or suppliers. Use of the Site 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 Site or any Services or Information.

The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered trademarks of Houzz, Houzz licensors and suppliers, and/or others. Houzz® is a registered trademark of Houzz, Inc. in the United States and other jurisdictions. Nothing contained in this Agreement or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the express written permission of Houzz, Houzz licensors or suppliers, or the third party owner of any such Trademarks, except as set forth in the following paragraph. You acknowledge and agree that all rights in and to the Houzz Trademarks are our exclusive property, and any goodwill generated by your use of any Houzz Trademarks will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any our Trademarks.

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