Licensing and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Site and its content (“Content”), are the sole property of Remodelista, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Content and other elements of the Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, videos, pictures, icons and other items appearing on the Site are trademarks, service marks or trade dress (“Marks”) of Remodelista, its affiliates or third parties that have granted Remodelista the right to use such Marks and may not be used or interfered with in any manner without the express written permission of Remodelista.
Remodelista grants you a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Site, Content and Services only in the manner presented by Remodelista, and (b) access and use the Remodelista computer and network services offered within the Site (the “Remodelista Systems”) only in the manner expressly permitted by Remodelista. Remodelista 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-profit or commercial use in any way; provided that (w) you retain all Marks, copyright, and other proprietary notices contained in the original materials, (x) you provide attribution to Remodelista, (y) the material is reproduced in its entirety without modification, reformatting, or adaptation of any kind, and (z) all copies remain the property of Remodelista and subject to these Terms and Conditions. You agree to immediately notify Remodelista of any unauthorized use of Content or other Remodelista Information. Except for this limited license, Remodelista does not convey any interest in or to the Remodelista Systems, information or data available via the Remodelista Systems (collectively, the “Information”), Content, Services, Site or any other Remodelista property by permitting you to access the Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Remodelista.
In the event that we offer downloads of software through the Site or another third party site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your limited, personal, noncommercial use only. We do not transfer title to the Software to you.
Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law.
Remodelista does not accept ideas, concepts, or techniques for new services or Site features through the Site. If such information is received, it will not be considered confidential and Remodelista will be deemed free to use, communicate and exploit such information in any manner it chooses.
You represent and warrant that: (i) you own and possesses all right, title and interest to the Submission and (ii) that the display and/or publication of the Submission does not infringe any trademark, copyright, patent, trade secret or other proprietary right of any third party. You agree to indemnify and hold Remodelista, its Affiliates, agents, assigns, licensees and employees, harmless from any loss, damage or liability for infringement of any United States trademark, copyright or other proprietary right resulting from Remodelista’s use of the Submission including the payment of all royalties, fees, damages, and any other amounts owing to any persons by reason of any Submission posted by you to or through the Site.
If it is determined that you retain moral rights in any Submission, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by Remodelista or its Affiliates, licensees, successors, and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (d) you forever release Remodelista, and its Affiliates, licensees, successors, and assigns, from any claims that you could otherwise assert against Remodelista by virtue of any such moral rights.
Some features of the Site and Services permit or require you to create an account to participate or to secure additional benefits. You agree that by creating an account that you are at least 13 years of age. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You agree to keep your account password secure and confidential. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You acknowledge that you may not sublicense, transfer, sell, or assign your membership or account ID. Any attempt to sublicense, transfer, auction, sell or assign the membership or account ID is void, and such attempts, regardless of whether made by account holder, will result in immediate termination of your account.
Architects or other design professionals may, at Remodelista’s sole discretion, be provided with an account and profile page in Remodelista’s Architect and Designer Directory (“Directory”). Subject to these Terms and Conditions, you may use Site features to promote your business. In exchange for the free promotion of your business on the Site, you grant Remodelista a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, fully paid-up license to use any Submissions made by, through, or linked to your account including, but not limited to, any and all Submissions included in your account profile, the Directory, the Site Gallery and in Site Content.
You also agree to promptly notify us at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site and Services. You agree that you shall remain responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
Rules of Conduct; Restrictions on Use
The following Rules of Conduct applies to the Site and Services. By using the Site and/or Services you agree that:
- You are at least 13 years of age and, if you are under the age of 18, have the consent of your parent or legal guardian to use and access the Site and Services;
- You will not use the Site or the Services for any commercial purpose;
- You will not upload, post, or Distribute any ratings or review of any person, product, vendor, and/or service unless such review or rating is based on your personal, first-hand knowledge of such person, product, vendor, and/or service and such content is (i) accurate, truthful, and complete, and (ii) not defamatory, trade libelous, harassing, or otherwise in violation of our Rules of Conduct and Restrictions of Use as determined in our sole discretion;
- You will not access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without Remodelista’s express written permission;
- You will not violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- You will not take any action that imposes, or may impose, in Remodelista’s sole discretion, an unreasonable or disproportionately large load on Remodelista’s networks, systems, or infrastructure;
- You will not deep-link to any portion of this Site for any purpose without Remodelista’s express written permission;
- You will not engage in any conduct that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- You will not engage in any conduct that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including any item that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- You will not engage in any conduct that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- You will not engage in any conduct, post, or upload any item that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site;
- You will not disguise the origin of information transmitted through the Site;
- You will not place false or misleading information on the Site;
- You will not use or access the Site or Services in any manner not expressly permitted by Remodelista.
It is your responsibility to ensure that the any Submission you Distribute through the Remodelista Services, including any Public Forum, does not violate any federal, state, local or provincial law or regulation. If you are found to have violated any of the above restrictions, your account and your ability to use the Services may be terminated.
Cooperation; Removal of Submissions
Public Forums and Communication
“Public Forum” means an area, site or feature offered as part of the Site that offers the opportunity for users to upload, post, and Distribute Submissions for viewing by one or more Site users.
YOU ACKNOWLEDGE THAT PUBLIC FORUMS AND FEATURES OFFERED THEREIN ARE FOR PUBLIC AND NOT PRIVATE COMMUNICATIONS, AND YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY SUBMISSION TO A PUBLIC FORUM. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
Subject to applicable law, you are and shall remain solely responsible for the Submissions you Distribute on or through the Site under your username or account or otherwise by you in any Public Forum and for the consequences of Distributing same. You acknowledge that the use of any Submission posted in any Public Forum is at your own risk.
We reserve the right to screen, refuse to post, remove, edit, store and/or review Submissions at any time and from time to time and for any or no reason including, without limitation, to ensure that the Submissions conforms to the Rules of Conduct, in our absolute and sole discretion without prior notice. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
If you believe that any Submission violates our Rules of Conduct, Restrictions of Use, or otherwise violates state or federal law, you may send an email to [email protected] identifying the Submission. Remodelista may consider your takedown request but is not obligated to respond.
Disclaimers; Limitation of Liability
Remodelista is not liable or responsible for and specifically disclaims all liability for any errors or other inaccuracies related to the quality, completeness, reliability, or credibility of Content provided or displayed on the Remodelista website including, without limitation, product or service pricing, photographs, information in the Directory, and general product descriptions. Remodelista displays information about home and landscape design on its Site and such actions do not in any way imply, suggest, or constitute sponsorship, approval, or endorsement of any particular product, firm, person, or service. Remodelista does not verify the accuracy of content uploaded by experts or users of the Site or availability of products or services. All such information and services are provided “as is” without warranty of any kind.
The Remodelista Site and Services may contain the opinions and views of other users. Given the interactive nature of the Site and Services, we do not endorse, guarantee, or claim responsibility for the accuracy, efficacy, or veracity of any content generated by our users.
REMODELISTA AND ITS OFFICERS, MANAGERS, MEMBERS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. REMODELISTA AND ITS OFFICERS, MANAGERS, MEMBERS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE REMODELISTA WEBSITE, GARDENISTA WEBSITE, APPS, ITS SERVERS, OR ANY EMAIL SENT FROM REMODELISTA ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT.
IN NO EVENT SHALL REMODELISTA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR ACCESS TO, DISPLAY OF, OR USE OF THE REMODELISTA OR GARDENISTA WEBSITES OR APPS OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE REMODELISTA OR GARDENISTA WEBSITES WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF REMODELISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THE REMODELISTA SITE OR SERVICES OR CHANGE THE REMODELISTA SITE OR SERVICES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
If, despite the limitation above, Remodelista is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences above, then the liability for Remodelista will in no event exceed, in the aggregate, the greater of (i) the service fees you paid to Remodelista in connection with your account, or (ii) Fifty Dollars ($50.00).
The limitation of liability reflects the allocation of risk between the parties. The limitation specified above will survive and apply even if any other remedy is available to the parties.
Links to Third Party Websites
The Site may contain hyperlinks to websites operated by parties other than Remodelista. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content or the privacy or other practices of such websites. You bear full responsibility to ensure that whatever links you select or software you download is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of any hyperlinks on the Site does not imply any endorsement of the content of that website or any association with the operator of the website. We do not verify, make any representations or take responsibility for such third-party websites or any content thereon including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or any of the activities conducted through those third-party sites.
Jurisdictional and Venue Issues
Notice to California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Services are provided by Remodelista, LLC, 38 Miller Ave. No. 267, Mill Valley, CA 94941. If you have a question or complaint regarding the Service, please contact Remodelista at [email protected] or by writing to our mailing address. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 928-1227.
Claims of Copyright Infringement
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Notifications of claimed copyright information must be submitted in writing at the address below.
Attn: Copyright Infringement
38 Miller Ave. No. 267
Mill Valley, CA 94941
E-Mail : [email protected]
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice and believe that the information does not infringe copyright, you may provide counter-notification in writing to Remodelista at the address above that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court in the State of California, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Last modified: February 24, 2016
- We don’t ask you for personal information unless we truly need it.
- We don’t share your personal information with anyone except to comply with the law, to provide a service you have requested, or to protect our rights.
- We don’t store personal information on our servers unless required for the on-going operation of one of our Services.
- It covers how Remodelista treats personal information — that is, personally identifiable like your name, address, and email address.
- Remodelista collects personal information when you register with Remodelista to use Remodelista Services, to post content, or submit a Submission on the Site or to Remodelista.
- When you register or post a comment, we ask for your email address.
- We may also request a user name and email address when you contact us through the “Contact Us” portion of the Site so that we may respond to the inquiry. We collect the e-mail address for the sole purpose of responding directly on a one-time basis to a specific inquiry.
- Remodelista receives and records information on our server logs from your browser, including your IP address, cookie, and the page you request in order to operate the Remodelista Services.
- Remodelista uses Google Analytics to view aggregate statistics about the usage of the Remodelista Services.
IP Addresses are automatically reported by your browser each time you view a web page. IP addresses may be used for various purposes, including:
- To diagnose or service technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.
- To tailor advertising based on geographic area or other information derived from your IP address. Aggregate information derived from IP addresses may also be reported to advertisers.
- To estimate the total number of users visiting the Site from specific geographical regions.
- To make sure that people are not voting for themselves or friends during contests or promotions.
A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive.
- You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set.
- If you reject all cookies, you will not be able to use Remodelista products or Services that require you to “sign in,” and you may not be able to take full advantage of the Site or Services.
Remodelista uses its own cookies for a number of purposes, including to:
- Access your information when you “sign in”.
- Keep track of preferences you specify while you are using the Site or Services.
- Keep track of your Design File choices.
- Store credentials you may use to enable posting to other sites.
- Estimate and report our total audience size and traffic.
- Conduct research to improve our Content and Services.
Remodelista may let other companies (such as Google’s ad network) that show advertisements on some of our pages, set and access their cookies on your computer. Other entities’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other entities do not have access to Remodelista’s cookies.
Information Sharing and Disclosure
- Any personal information or content that you voluntarily disclose online (on message boards, in reviews and discussion areas, and within your public profile page, etc.) becomes publicly available and can be collected and used by others.
- Your email address and any other information you volunteer when sharing a Design File may be displayed to those users when they access your Design File.
- Any personal information you include when using Public Forum features of the Site or when making a Submission may be viewable by other users of the Site.
- We do not use your email address or other personally identifiable information to send marketing messages unless you’ve opted in to receive such messages. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Remodelista Site changes, alerting you to messages from other Remodelista members, or for customer service purposes).
- We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Site and to create new Content, features, functionality, and Services by storing, tracking, and analyzing user preferences and trends.
- If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Remodelista does not rent or sell your personal information.
- Remodelista will not share personal information about you with other people or other companies without your consent except to provide products or services you’ve requested and in the following circumstances:
- Remodelista may be required to disclose personally identifiable information under special circumstances, such as to comply with subpoenas, warrants, court orders or legal process or to establish or exercise our legal rights or defend against legal claims;
- We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
Editing and Deleting Account Information
- You can delete your Remodelista username at any time. You can edit and change other account information at any time.
- We may send you certain communications relating to the Services, such as service announcements and administrative messages, that are considered part of your Remodelista account.
- You can delete your Remodelista account at any time from your account page; however, please note that your identification and contact information may remain in Remodelista’s records for some period.
- We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
- Your Remodelista Account Information is password-protected.
- In certain areas, Remodelista uses SSL-encryption to protect data transmissions.
Data Security and Change of Control
Remodelista uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Remodelista and you do so at your own risk. Once we receive your transmission of information, Remodelista makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Remodelista learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Remodelista may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us using by completing the Contact Us form with the appropriate request.
In the event that Remodelista is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and Updates to This Privacy Notice
This Privacy Notice may be revised periodically and this will be reflected by the “Effective Date” below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the Site constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.
Effective November 13, 2008