Terms of Use
HomeWelcome is a fast, exciting and convenient way to
sell, rent or exchange your home over the Internet. HomeWelcome is a premium
service for private parties and encourages and facilitates communications
between its users. Such a service is based on trust, and this Agreement helps
promote trust and understanding between you and other users of HomeWelcome.
Our service has been created to be easily accessible to all
users of legal age, but it also has limitations and risks that you must be aware
of before participating. Prior to, and as a condition of your participation, you
(hereinafter You or Yours or User) must agree to abide by the HomeWelcome Terms
of Participation. By pressing the CREATE YOUR ACCOUNT button at the bottom of the
LIST YOUR HOME registration page, you are accepting these terms. You may review these
terms at any time by clicking on the Terms of Use link at the bottom of each page.
1.
HomeWelcome reserves
the right to modify the Terms of Participation at any time and without prior
notice to its users. We may add to, change, delete or end our or your use of our
service at any time. The service may be temporarily unavailable from time to
time for maintenance or other reasons.
HomeWelcome is not involved in any transaction between any party
who uses our site. There are risks which you assume when dealing with people who
might be acting under false pretenses; all of these risks are borne by You. We
are a venue only and do not screen or censor or otherwise control the listings
offered or featured on this website, nor does HomeWelcome screen or censor or otherwise
control the users of its service. HomeWelcome cannot and does not control
the behavior of the participants on this site. IT IS EXTREMELY IMPORTANT
THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE!
HomeWelcome does not assume responsibility for the content or context of the user
comment areas and will not remove or edit postings to the public comments areas
once they are entered into the service, except to expire records or at our sole
discretion.
3.
If there is a dispute between participants on this site, HomeWelcome is
under no obligation to become involved. In the event that you have a dispute
with one or more users, You hereby release, HomeWelcome, their officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and/or our service. If you are a California resident, you waive
California Civil Code Section 1542, which says "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor."
4.
The HomeWelcome
service may be used only for lawful purposes. Transpricing, distribution
or storage of material or conduct in violation of any applicable local, state,
federal or foreign law or regulation is prohibited. This includes without
limitation any unauthorized use of material protected by patent, copyright,
trademark or other intellectual property right, material that is obscene,
defamatory or libelous, constitutes an illegal threat, or violates rights of
privacy or publicity, or violates export control laws. You may use the
information on our site only to the extent necessary to facilitate HomeWelcome
related transactions.
5.
HomeWelcome prohibits
the transpricing, distribution or posting of unwanted or offensive content,
including profane or sexually explicit advertisements that include masking or
misspelling the words, or images that would be illegal in any jurisdiction. It
is your responsibility, and you agree to comply with all requirements, legal or
other. Additional prohibitions include misleading offers that do not list the
total purchase price or a "bait & switch" of products,
advertisements listed in the incorrect category, telephone numbers listed in the
adult, personals or any sub-category of personals, duplicate listings that
contain more than 60% of the same characters, regardless of category, U.R.L.
(Universal Resource Locator) or hyperlinks listed in the Personals or any
sub-category of Personals, the sale or distribution of firearms, weapons or
controlled substances, make-money fast schemes, pyramid or chain letters,
fraudulent or criminal offers including but not limited to registering another
email address other than your own, any posting with the goal of harassment of
another, sexual requests from or for a minor, racial slurs or comments,
harassment, placing a fraudulent ad, unsolicited advertising (whether commercial
or informational) and unsolicited email or advertisements including, but not
limited to adult or dating services placing advertisements ("SPAM").
Further, HomeWelcome prohibits the transpricing, distribution or posting of any
matter which discloses personal or private information concerning any person or
entity, including without limitation phone number(s) or addresses, credit debit
cards, calling card, User account numbers/ passwords or similar financial
information, and home phone numbers or addresses. Even though all of this is
strictly prohibited, there is a small chance that you might become exposed to
such items and you further waive your right to any damages (from any party)
related to such exposure.
6.
HomeWelcome
strongly opposes SPAM which floods the Internet with unwanted and unsolicited
email and deteriorates the performance and availability of the HomeWelcome service.
All forms of SPAM, and all activities that have the effect of facilitating SPAM,
are strictly prohibited.
7.
HomeWelcome also prohibits the use of another Internet service to send
or post SPAM to drive visitors to Your site or listing hosted on or through HomeWelcome
system, whether or not the messages were originated by You, under Your
direction, or by or under the direction of a related or unrelated third party.
8.
If HomeWelcome, in its
sole discretion, determines that a violation of the Terms of
Participation has occurred, HomeWelcome may pursue any of its legal
remedies, including but not limited to the immediate deletion of any offending
material from its site, cancellation of your account and/or the exclusion of any
person(s) who may have violated any Terms of Participation. HomeWelcome could
also pursue violators with claims that they have violated various criminal
and/or civil laws as applied by the relevant jurisdiction. HomeWelcome will
cooperate with any investigation by any Federal, State, or local body or any
court or tribunal legitimately exercising it's rights. Such cooperation may be
without notice to you. If HomeWelcome believes in its sole discretion that any
ad may create liability for HomeWelcome, HomeWelcome may take any actions that
it believes are prudent or necessary to minimize or eliminate its potential
liability, including but not limited to, the release of User information. In
sum, HomeWelcome reserves the right to refuse service to anyone at any time,
and to remove any listings or any advertisements for any reason, and without
notice.
9.
HOMEWELCOME MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S
REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES HOMEWELCOME MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED FROM THE SERVICE.
10.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS
OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND
RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY
TRANSACTION.
11.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
HOMEWELCOME OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
12.
LIMITATION OF LIABILITY. USER AGREES THAT NEITHER HOMEWELCOME NOR ANY OF
ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE
OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE
SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLE, EVEN IF HOMEWELCOME HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. USER FURTHER AGREES THAT HOMEWELCOME SHALL NOT BE LIABLE
FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL
OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS
JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER
AGREES THAT HOMEWELCOME SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE,
FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no
event shall HomeWelcome' total liability to you for all damages, losses, and
causes of action exceed the amount paid by you to HomeWelcome, if any, that is
related to the cause of action.
13.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES
OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
14.
You give us a non-exclusive, worldwide, royalty-hwee, irrevocable,
sublicenseable (through multiple tiers) right to exercise all copyright and
publicity rights, in any existing or future media, known or unknown, over the
material or User Data displayed in Your listings. For the purpose of this
Agreement, "User Data" shall mean all information (if any) submitted
by you, (the "User") to HomeWelcome with the exception of
trading data, credit card numbers, checking account numbers, etc.
"Individually Identifiable User Data" shall mean that subset of
"User Data" which can be reasonably used to identify a specific
individual such as their name, address, phone number, etc. The User Data shall
be deemed to be the property of HomeWelcome. you shall take all reasonable
efforts to ensure that it is accurate and complete and not misleading in any
way.
15.
No Resale or Unauthorized Commercial Use. You agree not to resell or
assign your rights or obligations under these Terms of Participation. You also
agree not to make any unauthorized commercial use of the Service.
16.
Others' Information. You agree not to make use of anyone else's
information other than as necessary to complete any HomeWelcome transactions in which you are involved.
17.
No Agency. There is no agency, partnership, joint venture,
employee-employer or franchisor-hwanchisee relationship between HomeWelcome and
any user of the Service.
18.
Notice. Any notice to you or to us shall be made by either email or
regular mail. We may also give notice of changes to these Terms of Participation
or other matters related to HomeWelcome by displaying notices to users on the
Service.
19.
This Agreement is the complete and exclusive agreement between the
parties with respect to the subject matter hereof, superseding any prior
agreements and or communications regarding such subject matter. This Agreement
may only be modified, or any rights under it waived, by a written document
executed by both parties.
20.
These Terms of Participation and the relationship between user and HomeWelcome
shall be governed by the laws of Thailand without regard to its conflict of law provisions.
User and HomeWelcome agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Phuket in Southern Thailand.
21.
The failure of HomeWelcome to exercise or enforce any right or provision
of these Terms of Participation shall not constitute a waiver of such right or
provision. If any provision of these Terms of Participation 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 these Terms of Participation shall
remain in full force and effect.
22.
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
these Terms of Participation must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
23.
The section titles in these Terms of Participation are for convenience
only and have no legal or contractual effect.
24.
HomeWelcome.com reserves the right to revise and update the fee structure for
at any future date. If at a future date, HomeWelcome.com becomes a paid site, all
registered HomeWelcome.com members will receive a minimum 12 month free membership
starting from their registration date.
25.
Please help us keep the HomeWelcome site an enjoyable and productive experience
for all users, if you observe material or behavior that may violate one of the
HomeWelcome terms of participation, please contact HomeWelcome at
the
Contact Us Section.