ACCEPTANCE OF TERMS
This Terms of Services Agreement hereinafter called the “TOS” sets out the legally binding terms for use of slowhomestudio.com website services hereinafter called the “Service” provided by slowhomestudio.com, housebrand Publishing Ltd., and John Brown Architect Ltd. hereinafter called the “Provider”. By using this Service you agree to be bound by the TOS whether you are someone who is browsing the system hereinafter called a “Visitor” or someone who has registered with the Service hereinafter called a “Member”. For the purposes of the TOS, “User” refers to both Visitors and Members. If you wish to become a Member and make use of these Services you must read the TOS and indicate your acceptance during the registration process. The TOS may be updated from time to time without prior notice. Such modifications shall be effective upon posting on slowhomestudio.com website. You agree to be bound to any changes to the TOS when you use the Services after any such modification is posted. It is therefore important that you review these TOS regularly to ensure you are updated as to any changes. You can review the current TOS at: slowhomestudio.com/terms-of-use. Failure to comply with these TOS may result in account revocation.
DESCRIPTION OF SERVICE
The Service is a collection of web based services including catalogues of images, products, website links, forums, and blogs. Users may access digital text, messages, photography, audio files, and video files hereinafter called the “Content” through the Service. This Content may reside on the ProviderÍs servers or on the servers of a third party. The content may also include service announcements and administrative messages. Unless explicitly stated, any new features that augments or enhances the current Content and Service, including the release of new products by the Provider, shall be subject to the TOS. The Service is hosted in Canada.
Users understand and agree that the Service is provided “As-Is” and the Provider assumes no responsibility for the timeliness or accuracy of the Service, the deletion or mis-delivery or failure to store any User communications or personalized settings. The Provider reserves the right at any time to modify or discontinue, temporarily or permanently, any or all of the Service without notice. Users agree that the Provider shall not be liable to Users, Members or any third party for any modification, suspension or termination.
Accuracy of Information
All Members are required to provide accurate, complete and current information about themselves in all required fields. All Members are responsible to update this information as soon as it changes. Failure to provide accurate, complete and current information, or if the Provider has reasonable grounds to suspect that such information is untrue, incomplete or not current are grounds for suspension or termination of membership. By registering as a Member, Users warrant and represent that they are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of Canada or other applicable jurisdiction.
Account, Password and Screen Name Security
Members receive an account and choose a password and screen name as part of the ServiceÍs registration process. The Member is responsible for maintaining the confidentiality of the account, password, and screen name and is fully responsible for all activities associated with said account, password and screen name. Members must notify the Provider of any unauthorized use of their account, password or screen name or of any other breach of security. Members must also be sure to exit their account at the end of each session. The Provider can not and will not be liable for any loss or damage arising from a MemberÍs failure to comply with this section. Users agree not to use the account, screen name or password of another Member at any time.
Responsibility for Content
Users understand and agree that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Users, not the Provider, are entirely responsible for all Content that they upload, post, email, transmit or otherwise make available via the Service. The Provider does not control the Content posted via the Service and, as such, does not guarantee the validity, accuracy, integrity or quality of such Content. Users also understand and agree that by using the Service they may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss of damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service. Users must evaluate, and bear all risks associated with, the use of such Content. Users acknowledge and agree that they may not rely on any Content created by the Provider or submitted to the Provider. Users acknowledge and agree that the Provider may or may not pre-screen Content but retains the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, the Provider also shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
Users understand and agree NOT to use the service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. harass or advocate harassment of another person or exploit people in a sexual or violent manner;
d. solicit personal information from anyone under 18;
e. impersonate any person or entity, including, but not limited to, an official of the Provider, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
g. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
i. promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
j. promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
k. include a photograph of another person that you have posted without that person’s consent; or
l. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
m. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
n. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
o. intentionally or unintentionally violate any applicable local, provincial, national or international law or regulation;
p. “stalk” or otherwise harass another; and/or
q. collect or store personal data about other users for business purposes;
r. promote or provide instructional information about illegal activities; promote physical harm or injury against any governmental entity, group or individual; or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
s. allow usage by others in such a way as to violate these TOS;
t. engage in commercial activities within the Service or on behalf of the Provider without prior approval.
u. solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other Users.
v. exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so. any automated use of the system, such as using scripts to add friends or send comments or messages;
w. interfere with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
x. attempting to impersonate another Member or person;
y. sell or otherwise transferring your Membership;
z. use any information obtained from the Service in order to harass, abuse, or harm another person; If the Provider determines, in its sole and absolute discretion, that any user is in violation of the TOS, the Provider retains the right to investigate and take appropriate legal action including without limitation, removing the offending communications from the Service and terminating the membership of such violators.
The Service is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Provider. Illegal and/or unauthorized use of the Service, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Membership privileges.
No Re-sale of Services
Users acknowledge and agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.
CONTENT AND COPYRIGHT
Content Submitted Or Made Available For Inclusion On The Service
The Provider does not claim ownership of Content submitted by Users or made available for inclusion on the Service by a User. The author retains all patent, trademark and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the ProviderÍs staff in protecting such Content. However, by posting Content, the User grants the Provider a worldwide, royalty-free and non-exclusive license(s) to use distribute, reproduce, modify, adapt, publicly perform, publicly display the Content they have submitted or made available for inclusion on the Service and to incorporate such Content into other works in any format or medium now know or later developed. By posting Content, the User authorizes other Users who have access to the Service to make personal and customary use of the work, including creating links, but not otherwise to reproduce or disseminate it unless the User gives permission for such dissemination. Users represent and warrant that they own the Content that they post, submit or make available on the Service or otherwise have the right to grant the license as set forth in this section without violation of any intellectual property or other rights of third parties, or any laws or regulations. In posting, submitting or making Content available on the Service, Users acknowledge that they are responsible for honoring the rights of others including the right to privacy, and the right not to be libeled or slandered. Users submitting Content or making it available for inclusion on the service agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content that they have submitted or made available for inclusion on the Service.
The Provider reserves the right, without limitation except by law, to serve any user Content on the web, through downloadable files and otherwise. The Provider also reserves the right, without limitation, to resell any portion of a User’s Content back to that User;
Should any Content supplied by a User be reported to the Provider as being offensive or inappropriate, the Provider may call upon the User to retract or modify the Content within a reasonable amount of time, as determined by the Provider. Should Users fail to meet this request, the Provider may terminate the UserÍs account. However, the Provider is under no obligation to restrict or monitor Content in any way. The Provider may delete any Content that in their sole judgment violates these TOS; or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. It, at any time, the Provider chooses, in its sole discretion, to monitor the Service and Content, they assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
The Service, or relevant third parties, may provide links to other web sites or resources. The Provider has no control over such sites and resources. Accordingly, users acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Users also acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in conjunction with use of or reliance on any such content, goods or services available on or through any such site or resource.
Users acknowledge, consent and agree that the Service and the Provider may access, preserve and disclose your account information and 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 legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety the Service, the Provider, and the public.
Users agree to indemnify and hold the Service, the Provider and their subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneysÍ fees, made by any third part due to or arising out of Content the User submits or otherwise makes available to the Service, the Users use of the Service, the Users connection to the Service, the UserÍs violation of the TOS, or the UserÍs violation of any rights of another, whether the User is registered on the Service or not. The User is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
The Service is controlled, operated and administered by the Provider from its offices within Canada. The Provider makes no representation that materials or Content available through the Service are appropriate or available for use outside Canada and access to them from territories where their contents are illegal is prohibited. You may not use the Service or export the Content in violation of Canadian export laws and regulations. If you access the Service from a location outside the Canada, you are responsible for compliance with all local laws.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, the User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, the User agrees to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
GENERAL PRACTICES REGARDING USE AND STORAGE
The User acknowledges that the Service and the Provider, may establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that messages or any other uploaded Content will be retained by the Service, the maximum number of messages or any other uploaded Content that may be sent or received from the User, the maximum size of any messages or uploaded Content that may be sent or received from the User, the maximum disk space that will be allotted on the ServiceÍs servers on the UserÍs behalf, and the maximum number of times a User may access the system in a given period of time. The User agrees that the Service and the Provider have no responsibility or liability for the deletion or failure to store any messages or other uploaded Content maintained or transmitted by the Service. The User acknowledges that the Service and the Provider have the right to terminate accounts that are inactive for an extended period of time. The User acknowledges that the Service and the Provider reserve the right to modify these general practices and limits from time to time.
The User acknowledges and agrees that the Service and the Provider reserve the right to refuse service to anyone and to cancel an account at any time without prior notice for any reason, including, and without limitation, the lack of use or a violation of the TOS. The User agrees that the Service and the Provider shall not be liable to the User or any third party for any termination of access to the Service. The Service and the Provider may also, in its sole discretion, discontinue providing the Service, or any part thereof, with or without notice.
DEALING WITH SERVICE PROVIDERS, PRODUCT SUPPLIERS AND ADVERTISERS
Any correspondence or business dealings with, or participation in promotion of, service providers, product suppliers and advertisers, found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such service provider, product supplier and advertiser. The User agrees that the Service and the Provider shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such service providers, product suppliers, and advertiser on the Service.
The User acknowledges and agrees that the Service and any necessary software used in connection with the software (ñSoftwareî), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary right and the like. All the ServiceÍs code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. The User further acknowledges and agrees that information presented to the User through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Service and the Provider or advertisers, the User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
(a) THEIR USE OF THE SERVICE IS AT THEIR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE AND THE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) THE SERVICE AND THE PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THEIR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USERÍS OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE SERVICE AND THE PROVIDER OR THROUGH OR FROM THE SERVICE AND THE PROVIDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE SERVICE AND THE PROVIDER AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SERVICE AND THE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USERS TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
A partial list of Canadian and U.S. trademarks owned by the Provider follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of the Provider should be referred to the Service’s staff. Failure of a mark to appear on this page does not mean that the Service and the Provider do not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by R are registered trademarks of the Provider in Canada and the United States; all others are trademarks or common law marks.
NOTICES AND REVISIONS
The Service and the Provider may provide the User with notices, including those regarding changes to the TOS, by email or postings on the Service. It is the Users sole responsibility to be aware of notices posted on the Service. By using the Service, the User agrees to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which they are bound.
The Service and the Provider appreciate the significant contributions made by volunteers, who assist the Service in its efforts to provide high quality, community driven online services. To help achieve this goal, the ServiceÍs volunteers perform a variety of technical and non-technical tasks, including, but not limited to, programming, the creation of web-based content (HTML, BML, and other formats), graphic design, audio and/or visual content creation, technical writing, managing electronic data libraries and/or databases, technical support, reviewing, categorizing, legal assistance, archiving and/or forwarding electronic data, providing expert advice, administration, management, accounting, research, content creation, promotions, or other assignments, as needed. All volunteers are expected to be of legal age, or volunteering with the consent of a legal parent or guardian. By accepting these TOS, any volunteer agrees that the intellectual Content created as a result of volunteer work for the Service constitutes intellectual property of the Service and the Provider and that all rights in said Content shall vest in the Service and the Provider at the time that it is created, to the extent permitted by law. If laws prevent such vesting, the volunteer makes assignment of all such rights to the Service and the Provider at the time of creation. If laws prevent such assignment, the volunteer grants a perpetual world wide irrevocable license to the Service and the Provider to use said Content. If laws prevent such licensing, the volunteer agrees never to sue the Service and the Provider for the use of said Content. The volunteer certifies that any electronic data he/she submits is his/her work and that to the best of the volunteer’s knowledge, the electronic data is not claimed by another. The volunteer agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities. Furthermore, if said work is found to be illegally presented, claimed, or forged, the Service and the Provider may remove such material and, at their sole discretion, seek action against the individual(s) from which the work originated. No User of the Service is required to become a volunteer to the Service. Without the expressed written confirmation to the contrary, all volunteer positions in the Service are assumed to be taken without pay or future consideration.
The TOS constitutes the entire agreement between the User and the Service and the Provider and governs the Users use of the Service, superseding any prior agreements between the User and the Service and the Provider (including, but not limited to, any prior versions of the TOS) and any prior representations by the Service and the Provider. The laws of the Province of Alberta, Canada shall govern the TOS and the relationship between the User and the Service and the Provider without regard to its conflict of law provisions. The User and the Service and the Provider agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Alberta, Canada. The failure of the Service and the Provider to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
DISCLOSURE OF INFORMATION
The User acknowledges, consents, and agrees the Service and the Provider may access, preserve and disclose the Users account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonable necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to the UserÍs requests for customer service; or (e) protect the rights, property or personal safety of the Service and the Provider and the public.