TheHousingSpot.com

Referred to as THS

TERMS & CONDITIONS

As of February 29, 2012

Sharing Your Content and Information

You own all of the content and information you post on THS, and you can control if it is shared through your decision to participate in uploading images to THS. In addition: You control who may access your content. If you share content in public areas of the service or in shared areas available to others you've chosen, then you agree that anyone you've shared content with may use that content. When you give others access to your content on the service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the service and other products and services made available by THS. If you don't want others to have those rights, don't use the service to share your content.

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your decision to use THS services: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with THS (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not continue to be available to others).
  3. When you use THS, your content and information is shared with the community you grant the administrator non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with THS (IP License)
  4. When you upload content or information using the THS services, it means that you are allowing the community, including people off of THS, to access and use that information.
  5. We always appreciate your feedback or other suggestions about THS, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Welcome to THS™ website (the "Website"). The Website is an Internet property of TheHousingSpot, LLC ("THS," "we" or "us"). By using and/or accessing the Website, you are agreeing to comply with and be bound by the following Terms and Conditions (the "Agreement"). This Agreement is inclusive of any operating rules, official contest rules, policies, price schedules and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the following terms of this Agreement carefully. If you do not consent to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.

ACCEPTANCE OF AGREEMENT:

You agree to the terms and conditions outlined in this Agreement with respect to your use of the Website. This Agreement constitutes the entire and only agreement between you and THS with respect to your use of the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website. By your continued use of the Website, you hereby agree to all the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.

REQUIREMENTS:

The Website is available only to individuals that can enter into legally binding contracts under applicable law.

DESCRIPTION OF SERVICES:

Visitors to the Website may browse the photographs and property information made available on the Website by registered members in specific sections. By registering on the Website, members can view and contact properties made available through THS, members may also participate in any sweepstakes or contests that may be available at the Website (collectively, the "Promotions"). Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s), or otherwise enhance(s), the current features of the Website shall be subject to this Agreement. You understand and agree that THS is not responsible or liable in any manner whatsoever for content put on the site or your inability to use the Promotions, THS sponsored products and/or services or any associated functionality. You understand and agree that THS shall not be liable to you or any third party for any modification, suspension or discontinuation of THS services and/or the Promotions.

REGISTRATION/ACCOUNT:

To register for the Website, you must complete and submit the online registration form. The information you must supply includes, but is not limited to, your phone number and active email address. You agree to provide true, accurate, current and complete information during registration and also agree to update your registration information as necessary to maintain it in an up to date and accurate fashion.

LICENSE GRANT:

As a user of this Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated Website content in accordance with this Agreement. THS may terminate this license at any time for any reason. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Website content or any portion thereof. Systematic retrieval of content or matter associated with Promotions from the Website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from THS is prohibited. THS reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on THS infrastructure.

PROPRIETARY RIGHTS:

Users that submit information, photographs and/or other materials ("Content") to the Website warrant that they have all of the rights and authority necessary to submit the Content, including the right to publish the Content. The content (other than that which is submitted to the Website by users), organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website or Promotions is strictly prohibited. You do not acquire ownership rights, other than those rights that you may already have, to any content, document, software, services or other materials viewed at or through the Website. The posting of information or material at the Website by THS does not constitute a waiver of any right in such information and materials. All photos uploaded for use by the Website may be used by the Website for promotional uses without notification to the party responsible for uploading the photo without any kind of fees being owed the uploader.

EDITING, DELETION & MODIFICATION:

We reserve the right in our sole discretion to reject any Content submitted to the Website. No inappropriate, indecent or obscene photographs may be submitted to the Website for display. THS reserves the right to prohibit any conduct by registered users or to remove any photographs and/or materials submitted by registered users to the Website that THS deems, in its sole and absolute discretion, to be in violation of the Agreement or which THS believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose THS to harm, damage to reputation or liability. Notwithstanding the foregoing, please be advised that THS is not a publisher of the Content submitted by registered users; it is merely providing a service platform for the display Content and, therefore, expressly disclaims any and all liability associated with the display of any content submitted by registered users of the Website.

INDEMNIFICATION:

You agree to release, indemnify and hold THS, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Promotions and/or the Website; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of THS, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

DISCLAIMER OF WARRANTIES:

THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THS MAKES NO WARRANTY THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION OF LIABILITY:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE ANY PLEASANT PHOTO PRODUCT AND/OR SERVICE THAT MAY BE OFFERED VIA THE WEBSITE; (B) ANY MATTER RELATING TO ANY PROMOTIONS THAT MAY BE AVAILABLE VIA THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; OR (E) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES THAT MAY BE MADE AVAILABLE ON THE WEBSITE AND/OR THE WEBSITE ITSELF. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE THS, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF THS TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR ANY THS PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE THS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THS. THE WEBSITE AND/OR THE PROMOTIONS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

THIRD-PARTY WEBSITES:

The Website may provide, third parties may provide and/or refer you to, links to other Internet websites and/or resources. Because THS has no control over such third party websites and/or resources, you hereby acknowledge and agree that THS is not responsible for the availability of such third party websites and/or resources. Furthermore, THS does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

LEGAL WARNING:

Any attempt by any individual, whether or not a THS registered user, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website or any Promotion, is a violation of criminal and civil law and THS will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

MISCELLANEOUS:

This Agreement shall be treated as though it were executed and performed in Utah, Utah valley, and shall be governed by and construed in accordance with the laws of the State of Utah (without regard to its conflict of law principles). You agree that any and all actions, proceedings and/or disputes between the parties, irrespective of place of execution or performance, shall be instituted and resolved in the State and federal courts located in the County of Utah County, State of Utah. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and THS and governs your use of the Website, superseding any and all prior and/or contemporaneous agreements between you and THS. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. However, with respect to any Promotions available at the Website, to the extent that anything in this Agreement is inconsistent with the Official Contest Rules, the Official Contest Rules shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement. If a photo has been submitted to the Website, the administrator of that account has rights over the submitted photo to use. Uplodee forfeits all rights to the photo in regards to any monetary payments.

CUSTOMER SERVICE:

If you have any questions, please email scott@thehousingspot.com

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