Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of theweb site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to allthe terms and conditions of this agreement, then you may not access the Website or use any services. If theseterms and conditions are considered an offer by Better Home and Kitchen, acceptance is expressly limited tothese terms. The Website is available only to individuals who are at least 13 yearsold.
- Your BetterHomeandKitchen.com Account and Site. If you create a blog/site on theWebsite, you are responsible for maintaining the security of your account and blog, and you are fullyresponsible for all activities that occur under the account and any other actions taken in connection withthe blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner,including in a manner intended to trade on the name or reputation of others, and Better Home and Kitchen may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwiselikely to cause Better Home and Kitchen liability. You must immediatelynotify Better Home and Kitchen of any unauthorized uses of your blog, your account or any other breachesof security. Better Home and Kitchen will not be liable for any acts or omissions by You, including anydamages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material tothe Website, post links on the Website, or otherwise make (or allow any third party to make) materialavailable by means of the Website (any such material, "Content"), You are entirely responsible forthe content of, and any harm resulting from, that Content. That is the case regardless of whether theContent in question constitutes text, graphics, an audio file, or computer software. By making Contentavailable, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, includingbut not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) receivedpermission from your employer to post or make available the Content, including but not limited toany software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done allthings necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmfulor destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does notcontain unethical or unwanted commercial content designed to drive traffic to third party sites orboost the search engine rankings of third party sites, or to further unlawful acts (such asphishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals orentities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links onnewsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are anotherperson or company. For example, your blog's URL or name is not the name of a person other thanyourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/ordescribed the type, nature, uses and effects of the materials, whether requested to do so byBetter Home and Kitchen or otherwise.
By submitting Content to Better Home and Kitchen for inclusion on your Website, yougrant Better Home and Kitchen a world-wide, royalty-free, and non-exclusive license to reproduce,modify, adapt and publish the Content solely for the purpose of displaying, distributing and promotingyour blog. If you delete Content, Better Home and Kitchen will use reasonable efforts to remove itfrom the Website, but you acknowledge that caching or references to the Content may not be madeimmediately unavailable.
Without limiting any of those representations or warranties, Better Home and Kitchen has the right(though not the obligation) to, in Better Home and Kitchen's sole discretion (i) refuse orremove any content that, in Better Home and Kitchen's reasonable opinion, violatesany Better Home and Kitchen policy or is in any way harmful or objectionable, or (ii) terminate ordeny access to and use of the Website to any individual or entity for any reason,in Better Home and Kitchen's sole discretion. Better Home and Kitchen will have noobligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Better Home and Kitchen the one-time and/ormonthly orannual subscription fees indicated (additional payment terms may be included in othercommunications). Subscription payments will be charged on a pre-pay basis on the day you sign up foran Upgrade and will cover the use of that service for a monthly or annual subscription period asindicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Better Home and Kitchen before the end of the applicable subscription periodthat you wantto cancel a subscription, your subscription will automatically renew and you authorize us to collectthe then-applicable annual or monthly subscription fee for such subscription (as well as any taxes)using any credit card or other payment mechanism we have on record for you. Upgrades can be canceledat any time by submitting your request to Better Home and Kitchen in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree topay Better Home and Kitchen the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the dayyour services are established and in advance of using such services. Better Home and Kitchen reserves theright to change the payment terms and feesupon thirty (30) days prior written notice to you. Services can be canceled by you at anytime onthirty (30) days written noticeto Better Home and Kitchen.
- Support. If your service includes access to priority email support. "Emailsupport" means the ability to make requests for technical support assistance by email at anytime (with reasonable efforts by Better Home and Kitchen to respond withinone business day) concerning the use of the VIP Services."Priority"means that support takes priority over support for users of the standard orfree BetterHomeandKitchen.com services. All support will be provided in accordancewith Better Home and Kitchen standard services practices,procedures and policies.
- Responsibility of Website Visitors. Better Home and Kitchen has not reviewed, andcannot review, allof the material, including computer software, posted to the Website, and cannot therefore be responsible forthat material's content, use or effects. By operating the Website, Better Home and Kitchen does notrepresent or implythat it endorses the material there posted, or that it believes such material to be accurate, useful ornon-harmful. You are responsible for taking precautions as necessary to protect yourself and your computersystems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website maycontain content that is offensive, indecent, or otherwise objectionable, as well as content containingtechnical inaccuracies, typographical mistakes, and other errors. The Website may also contain material thatviolates the privacy or publicity rights, or infringes the intellectual property and other proprietaryrights, of third parties, or the downloading, copying or use of which is subject to additional terms andconditions, stated or unstated. Better Home and Kitchen disclaims any responsibility for any harmresulting from theuse by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of thematerial, including computer software, made available through the websites and webpages to whichBetterHomeandKitchen.com links, and that link to BetterHomeandKitchen.com.Better Home and Kitchen does not have any control over those non-Better Home and Kitchen websitesand webpages, and is not responsible for their contents or their use. By linking to anon-Better Home and Kitchen website or webpage, Better Home and Kitchen does not represent or implythat it endorses such website or webpage. You are responsible for taking precautions as necessary to protectyourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructivecontent. Better Home and Kitchen disclaims any responsibility for any harm resulting from your use ofnon-Better Home and Kitchen websites and webpages.
- Copyright Infringement and DMCA Policy. As Better Home and Kitchen asks others torespect itsintellectual property rights, it respects the intellectual property rights of others. If you believe thatmaterial located on or linked to by BetterHomeandKitchen.com violates your copyright, you areencouraged to notify Better Home and Kitchen in accordance with Digital Millennium Copyright Act ("DMCA") Policy.Better Home and Kitchen will respond to all such notices, including as required or appropriate byremoving the infringing material or disabling all links to the infringingmaterial. Better Home and Kitchen will terminate a visitor's access to and use of the Website if, underappropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or otherintellectual property rights of Better Home and Kitchen or others. In the case of suchtermination, Better Home and Kitchen will have no obligation to provide a refund of any amountspreviously paid to Better Home and Kitchen.
- Intellectual Property. This Agreement does not transfer from Better Home and Kitchen to you any Better Home and Kitchen or third party intellectual property, and all right, title andinterest in and to such property will remain (as between the parties) solelywith Better Home and Kitchen. Better Home and Kitchen, BetterHomeandKitchen.com,the BetterHomeandKitchen.com logo, and all other trademarks, service marks, graphics and logos usedin connection with BetterHomeandKitchen.com, or the Website are trademarks or registered trademarksof Better Home and Kitchen or Better Home and Kitchen's licensors. Other trademarks, servicemarks, graphics and logos used in connection with the Website may be the trademarks of other third parties.Your use of the Website grants you no right or license to reproduce or otherwise useany Better Home and Kitchen or third-party trademarks.
- Advertisements. Better Home and Kitchen reserves the right to display advertisementson your blog unless you have purchased an ad-free account.
- Attribution. Better Home and Kitchen reserves the right to display attribution linkssuch as 'Blog at BetterHomeandKitchen.com,' theme author, and font attribution in your blog footeror toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners,you agree to that partner's terms of service. You can opt out of their terms of service at any time byde-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previouslyregistered domain name, you acknowledge and agree that use of the domain name is also subject to thepolicies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their
RegistrationRights and Responsibilities.
- Changes. Better Home and Kitchen reserves the right, at its sole discretion, to modifyor replace anypart of this Agreement. It is your responsibility to check this Agreement periodically for changes. Yourcontinued use of or access to the Website following the posting of any changes to this Agreement constitutesacceptance of those changes. Better Home and Kitchen may also, in the future, offer new services and/orfeaturesthrough the Website (including, the release of new tools and resources). Such new features and/or servicesshall be subject to the terms and conditions of this Agreement.
- Termination. Better Home and Kitchen may terminate your access to all or any part ofthe Website atany time, with or without cause, with or without notice, effective immediately. If you wish to terminatethis Agreement or your BetterHomeandKitchen.com account (if you have one), you may simplydiscontinueusing theWebsite. Notwithstanding the foregoing, if you have a paid services account, such account can only beterminated by Better Home and Kitchen if you materially breach this Agreement and fail to cure suchbreach withinthirty (30) days from Better Home and Kitchen's notice to you thereof;provided that, Better Home and Kitchen can terminate the Website immediately as part of a general shutdown of ourservice. All provisions of this Agreement which by their nature should survive termination shall survivetermination, including, without limitation, ownership provisions, warranty disclaimers, indemnity andlimitations of liability.
- Disclaimer of Warranties. The Website is provided "as is".Better Home and Kitchen and its suppliers and licensors hereby disclaim all warranties of any kind,express orimplied, including, without limitation, the warranties of merchantability, fitness for a particular purposeand non-infringement. Neither Better Home and Kitchen nor its suppliers and licensors, makes anywarranty that theWebsite will be error free or that access thereto will be continuous or uninterrupted. You understand thatyou download from, or otherwise obtain content or services through, the Website at your own discretion andrisk.
- Limitation of Liability. In no event will Better Home and Kitchen,or its suppliersor licensors, be liable with respect to any subject matter of this agreement under any contract, negligence,strict liability or other legal or equitable theory for: (i) any special, incidental or consequentialdamages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use orloss or corruption of data; or (iv) for any amounts that exceed the fees paid by youto Better Home and Kitchen under this agreement duringthe twelve (12) month period prior to the cause ofaction. Better Home and Kitchen shall have no liability for any failure or delay due to matters beyondtheir reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Better Home and Kitchen, itscontractors,and its licensors, and their respective directors, officers, employees and agents from and against any andall claims and expenses, including attorneys' fees, arising out of your use of the Website, including butnot limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreementbetween Better Home and Kitchen andyou concerning the subject matter hereof, and they may only be modified by a written amendment signed by anauthorized executive of Better Home and Kitchen, or by the posting by Better Home and Kitchen of arevised version. Except tothe extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Websitewill be governed by the laws of the WI, USA, excluding its conflict of law provisions,and the propervenue for any disputes arising out of or relating to any of the same will be the state and federal courtslocated in WI, USA. Except for claims for injunctive or equitable relief orclaims regardingintellectual property rights (which may be brought in any competent court without the posting of a bond),any dispute arising under this Agreement shall be finally settled in accordance with the ComprehensiveArbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by threearbitrators appointed in accordance with such Rules. The arbitration shall take place inWI, USA, in the English language and the arbitral decision may beenforcedin any court.The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs andattorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construedto reflect the parties' original intent, and the remaining portions will remain in full force and effect. Awaiver by either party of any term or condition of this Agreement or any breach thereof, in any oneinstance, will not waive such term or condition or any subsequent breach thereof. You may assign your rightsunder this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions;Better Home and Kitchen may assign its rights under this Agreement without condition. This Agreementwill be bindingupon and will inure to the benefit of the parties, their successors and permitted assigns.