IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.
YOU ACKNOWLEDGE THAT YOU WILL SURRUNDER ALL RIGHTS NOW AND IN THE FUTURE FOR CONTENT YOU SUBMIT TO THE IDEA SHED. YOUR SUBMISSION CONSTITUTES PUBLICATION OF YOUR IDEA/CONTENT IN A PUBLIC FORUM. CONSULT AN ATTORNEY PRIOR TO SUBMITTING ANY CONTENT TO IDEA SHED IF YOU HAVE QUESTIONS ABOUT YOUR RIGHTS.
BY POSTING USER CONTENT YOU HEREBY RELEASE BHGRE AND ITS AFFILIATES (AS HEREIN DEFINED), EMPLOYEES, AGENTS AND FRANCHISEES FROM ANY CLAIMS THAT SUCH USE, AS AUTHORIZED HEREIN, VIOLATED ANY OF YOUR RIGHTS AND YOU UNDERSTAND THAT YOU WILL NOT BE ENTITLED TO ANY COMPENSATION FOR ANY USE OF YOUR USER CONTENT BY BHGRE OR ITS AFFILIATES.
Better Homes and Gardens Real Estate LLC ("BHGRE," "We," "Us," "Our") reserves the right in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.
You may not establish a hyperlink to this Web Site without BHGRE’s express permission, or provide any links that state or imply any sponsorship or endorsement of your web site by BHGRE or its Affiliates (as defined herein).
This Web Site is controlled and operated by Better Homes and Gardens Real Estate LLC, 175 Park Avenue, Madison, New Jersey 07940, telephone 973.407.2000. Better Homes and Gardens® is a registered trademark owned by Meredith Corporation and licensed to Better Homes and Gardens Real Estate LLC. All other Better Homes and Gardens Real Estate trademarks, service marks, domain names, logos, company names and indicia of origin (collectively referred to as the "Marks") referred to on the Web Site are property of, or licensed to, Better Homes and Gardens Real Estate LLC or its affiliates. In countries where any of the Better Homes and Gardens Real Estate Marks are not registered, BHGRE claims other rights associated with unregistered Marks. Other product or company names referred to on the Web Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of BHGRE or any third party without permission from the owner of the applicable mark. You may contact BHGRE by sending an email to email@example.com, or writing to BHGRE at the address above, to request written permission to use the Marks for purposes other than stated in these Terms or for all other questions relating to the Web Site.
All rights not expressly granted are reserved.
The Idea Shed offers a platform (the "Services") by which Users can submit an idea (a "Contributor") and ask other Users to discuss or collaborate on the idea (the "Community"). Users can review the ideas and decide whether they would like to work on an idea or otherwise invest in an idea to make it come to life (a "Solution Developer"). You are solely responsible for the content of your information and postings. The Idea Shed platform acts merely as a conduit for the distribution and/or publication of that information.
With respect to the Services, you affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties in these Terms, and to abide by and comply with these Terms. You represent that you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as solicited by BHGRE and its Affiliates. If you provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or if We, in our sole discretion, determine that you have breached these Terms or any other rule applicable to the Web Site or that your conduct violates applicable law or is otherwise harmful to the Web Site, other persons or us, We have the right to suspend or terminate your access and refuse any and all current and future use of the Services (or any portion thereof). Under these Terms, you are granted a limited, personal, non-transferable, revocable license to use your access the Web Site. You may not use this Web Site in any way that violates these Terms.
While we use best efforts to maintain the security of your personally identifiable information that we may require be provided, transmissions made on or through the internet and personally identifiable information stored on our servers or third party servers that we use to host our Services are vulnerable to attack and cannot be guaranteed to be secure. We disclaim responsibility for all negligent acts that may result in the unauthorized use of your access and the disclosure of your personal information beyond our control.
The Web Site includes interactive areas in which you or other registered Users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Web Site (collectively "User Content"). By using the Web Site, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Web Site any of the following:
Better Homes and Gardens Real Estate LLC, Realogy Holdings Corp and all affiliated companies and subsidiaries, its and their officers, directors, employees, successors and assigns, advertising agencies, and other contractors (collectively "Affiliates") do not control, take responsibility for or assume liability for any User Content posted, stored, submitted by Users for posting, or uploaded by you or any third party, or for any loss or damage thereto; nor is BHGRE and its Affiliates liable for any conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The Community is generally designed as open and public community areas for connecting and sharing ideas with other people.
You acknowledge that the Web Site may or may not pre-screen all User Content on the site, but that BHGRE has the right, but not the obligation, in its sole discretion to pre-screen, deny or remove any User Content, including but not limited to, that User Content which violates these Terms or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness or usefulness of such User Content.
You acknowledge and agree that BHGRE and its Affiliates or agents may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BHGRE, its users, or the public.
The posting of your User Content to Idea Shed is entirely voluntary, non-confidential, gratuitous, and non-committal. You grant to BHGRE and its designees, a perpetual, irrevocable, non-exclusive fully-paid up and royalty free license to use any ideas, expression of ideas or other content materials you submit to the Idea Shed for display on the Web Site and to promote the Web Site.
By participating in the Community, you agree that:
If you believe that any material available on the Web Site infringes upon a copyright you own or control, you may file an infringement notification with our designated agent at firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of proper notification. Please note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees incurred by us or our Affiliates or the alleged infringer as a result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may in our sole discretion, limit access to the Web Site and/or terminate the access of any Users who infringe on intellectual property rights of others.
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to BHGRE that you grant herein. BHGRE claims no ownership or control over any User Content, except as otherwise provided herein, on the Web Site or in a separate agreement. However, by submitting or posting User Content on the Web Site, you grant BHGRE and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content in any medium now or in the future. By posting User Content, you hereby release BHGRE and its Affiliates, employees, agents and franchisees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content by BHGRE or others.
In connection with all User Content, you affirm, represent and warrant that: (a) you own or have the necessary licenses, rights, consents and permission to use, and authorize Better Homes and Gardens Real Estate LLC to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content, so as to enable Better Homes and Gardens Real Estate LLC, its Affiliates or any other third party to make use of any and all User Content in the manner contemplated by the Web Site and these Terms; and (b) that you have the written consent, release, and/or permission of each person associated with the User Content to use the name or likeness of every such person so as to enable BHGRE, its Affiliates or other third parties to make use of any and all User Content
Once User Content has been posted, you automatically grant BHGRE, its Affiliates and other third parties the exclusive right to market, sell or otherwise transfer or grant an interest in the User Content, including but not limited to, the right to sublicense others, to make, have made, use sell and lease the products, ideas, and concepts embodied in the User Content to any and all third parties in BHGRE’s sole discretion.
You understand and agree that BHGRE and its Affiliates may have previously received, or may independently develop or receive from third parties, ideas similar or identical to your User Content. You agree that posting User Content on the Idea Shed will in no way limit the right of BHGRE and its Affiliates to use any such similar or identical third party ideas BHGRE or its Affiliates deem appropriate and you acknowledge that such use will not sustain any cause of action against BHGRE or its Affiliates, officers, directors, employees or franchisees.
Neither BHGRE nor its Affiliates owes any obligation or duty of any kind whatsoever to implement, exercise, or otherwise manifest in any manner any User Content submitted. The Contributor will have no right to any claim against BHGRE or its Affiliates for non-use of any User Content. Additionally, neither BHGRE, nor its Affiliates are under any obligation or duty of any kind to compensate you for any User Content posted on the Idea Shed.
Certain ideas and pieces of content may establish intellectual property rights in their creator or inventor. Depending upon the nature of your idea, you may have proprietary rights in the idea. If you have any questions as to whether your idea is eligible for intellectual property protection, please submit your idea only after consulting with independent legal counsel and obtaining the protection you feel is necessary. Any submission to the Idea Shed is protected only to the extent that it is protected under patent, copyright, trade secret or other comparable law.
This Web Site and all materials and User Content on it are distributed and transmitted on an "AS-IS" and "AS-AVAILABLE" basis, without warranties of any kind, either expressed or implied. Please be advised that all User Content posted on the Idea Shed does not reflect the views of BHGRE or its Affiliates. Although we regularly monitor the User Content posted by our registered members, in no event does BHGRE or its Affiliates assume or have responsibility or liability for any posted User Content on the Web Site or for any claims, damages or losses resulting from their use and/or appearance on or in connection with this Web Site or elsewhere. Each User assumes all responsibility for content used on the Web Site. BHGRE and its Affiliates make no representations regarding the sufficiency or accuracy of any User Content on the Web Site, and it makes no representations or warranties regarding the confidentiality or ownership of any User Content posted on the Web Site. BHGRE acts as an intermediary only and does not warrant the commercial validation of any User Content posted on the Web Site.
BHGRE respects the intellectual property of others, and we expect Users to do the same. BHGRE in its sole discretion may terminate the access of Users who infringe the intellectual property rights of other Users.
Any costs, fees or expenses a User or Solution Developer incurs to discover, expand, create or otherwise utilize User Content to bring or assist in any manner to bring an idea to life is the sole responsibility of each User and/or Solution Developer.
BHGRE may display advertisements and promotions from third parties on the Web Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. BHGRE is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-BHGRE advertisers or third party information on the Web Site.
If a User believes that any User Content posted on the Web Site is not authentic, unoriginal or in violation of any proprietary information that a User already has, the User must notify BHGRE in writing immediately along with any proof supporting such claims. If such claims are deemed to be true by BHGRE, BHGRE will immediately remove the aforementioned User Content from the Web Site.
To the maximum extent permitted by applicable law, Better Homes and Gardens Real Estate LLC and its affiliates and its and their officers, directors, employees, shareholders, FRANCHISEES or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use or inability to use the Web Site, content, User Content contained in or accessed through the Web Site, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Better Homes and Gardens Real Estate LLC, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Better Homes and Gardens REAL ESTATE LLCs’ records, programs or services. In no event shall the aggregate liability of Better Homes and Gardens Real Estate LLC, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Web Site exceed any compensation you pay, if any, to Better Homes and Gardens Real Estate LLC for access to, or use of the Web Site. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Better Homes and Gardens Real Estate LLC’s liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless Better Homes and Gardens Real Estate LLC and its Affiliates, the Web Site hosting service providers and its and their officers, directors, employees, affiliates, agents, licensors, franchisees and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from or arising out of User Content you submit, post, purchase, use, develop, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, violation by you of these Terms or your violation of any rights of another.
These Terms are for the benefit of Better Homes and Gardens Real Estate LLC and its Affiliates, the Web Site hosting service providers, and its and theirs officers directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Better Homes and Gardens Real Estate LLC reserves the right at any time, and from time to time, to alter or discontinue, temporarily or permanently, the Services (or any part there) with or without notice. You agree that Better Homes and Gardens Real Estate LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Notwithstanding any of these Terms, Better Homes and Gardens Real Estate LLC reserves the right, without notice and in its sole discretion to terminate your license to use the Web Site and to block or prevent your future access to, and use of the Web Site.
Access to and use of the Web Site and these Terms are governed by U.S. Federal law and/or the laws of the State of New Jersey, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Web Site or these Terms shall be instituted only in a state or federal court located in Morris County, New Jersey and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
This Web Site is not intended and shall not be deemed to constitute any offer to sell a franchise. A franchise offering is made only by a Franchise Disclosure Document. For more information call 866.616.4BHG.
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