"Company" - means a business or individual whose information is posted on the Site.
“HomeStars” - means Home Stars Directory Inc.
"Content" - means text, images, audio, video, and any other form of data or communication. "Your Content" means Content that you submit or transmit to, or in connection with the Site, such as reviews, ratings, messaging, and any profile information that you choose to make public. "User Content" means Content that site users submit or transmit to, or in connection with the Site. "HomeStars Content" means Content that we create and publish in connection with the Site. "Third Party Content" means Content that originates from parties outside HomeStars or its users, which is made available through the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and HomeStars Content.
USE OF SITE
- Eligibility - To access or use the Site, you must be at least 18 years of age.
- Permission to Use the Site - You are permitted to use the Site subject to the restrictions stated in these Terms. You use the site at your own risk, including the risk that you might be exposed to Content you may find offensive, indecent, inaccurate, or objectionable.
- Site Availability - The Site can be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- Communications from HomeStars and other Users - By creating an account, you agree to receive certain communications from the Site. For example,you will receive notifications on the status of your reviews, emails pertaining to any promotion you have registered to on the Site, as well as our e-mail newsletter. You can opt-out of non-essential communications.
You represent that You have read our Consumer Review Guidelines
- Responsibility for Your Content - You are responsible for Your Content, and once published, you must contact HomeStars directly to have it removed. You assume any risk associated with Your Content, including another user’s reliance on its accuracy or reliability, or any information in Your Content that may make you identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by HomeStars. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- Our Right to Use Your Content - We may use Your Content in many different ways. This includes publicly displaying it, reformatting it, incorporating it into advertisements distributing it, and allowing others to do the same on their own websites and media platforms ("Other Media"). You hereby irrevocably grant us royalty-free, perpetual, irrevocable, non-exclusive, world-wide right and license rights to use Your Content for any purpose. You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against HomeStars and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
- Ownership - You own Your Content. We own the HomeStars Content, including but not limited to visual interfaces and graphics, interactive features, design features, compilation, computer code, products, software, user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the HomeStars Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the HomeStars Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the HomeStars Content are retained by us.
- Advertising - HomeStars may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- Content Feeds - Some Site Content ("Feed Content") is available via Real Simple Syndication and Atom feeds ("Feeds"). You may use these Feeds to display Feed Content on your computer, website, or blog ("Your Site"), provided that ii) your display of the Feed Content links back to the correct pages on HomeStars's websites, and credits HomeStars as the source of the Feed Content, (ii) your use of the Feed Content does not suggest that HomeStars promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iii) you do not redistribute the Feed Content, and (iv) your use of the Feeds does not overburden HomeStars's systems. HomeStars reserves all rights in the Feed Content and may terminate the Feeds at any time.
- Other - User Content does not reflect the opinion of HomeStars. At our discretion, and without any notice to You, HomeStars reserves the right to remove or reinstate User Content. For example, we may remove User Content, correct a Company's rating and reject subsequent submissions from You, disable Your account, or block Your IP address. HomeStars does not take responsibility for the accuracy or completeness of User Content. You are responsible to use Your judgement when determining the accuracy, completeness, or usefulness of any information, advice, opinions, or any other content found on the Site. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
- In connection with Your use of the Site, You agree that You shall not:
- Impersonate any person or entity, including without limitation, a Homestars official; write fake or defamatory Content or trade reviews with other businesses.
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- publishing or attempting to publish content intended to threaten, harm, or harass others, or or that contains any bigotry or discriminatory language
- use Site messaging system to spam site users by sending bulk emails, or any other mass messaging, both commercial or noncommercial, unless specifically agreed to by HomeStars in writing;
- Engage in keyword spamming in reviews or profile text, or otherwise attempt to manipulate any Site's search results;
- Solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site content (other than Your Review(s)), except as expressly authorized by HomeStars;
- Use any type of robot, site search/retrieval application, or other automated device such as a spider to process or as means to access, retrieve, scrape, or index any portion of the Site;
- Reverse engineer any portion of the Site;
- Remove any trademark or proprietary rights notice on any part of the Site or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
- Copy, process, or gather information about Site users;
- Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
- Reformat any portion of the Site without the consent of HomeStars in writing;
- take any action that will or may cause an unreasonably large load on HomeStars’ technology infrastructure or otherwise make excessive traffic demands of the Site;
- Use the Site to give other Site users any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); or
- use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You shall not use the Site in any manner that could damage, disable, overburden or impair Homestars’ servers or networks, or interfere with any other user's use and enjoyment of the Site. Furthermore, You may not attempt to gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to Homestars through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
- HomeStars reserves the right to decide what data, content, or information is published to, or removed from, the Site that is deemed to violate any of the above restrictions.
Limited License and Copyright
- You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
- You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
- You may not transfer the Materials to any other person without our prior written consent;
- You may not print or copy any of the HTML or other computer programs that are on the Site.
- This Site, including all Materials, is the property of HomeStars and is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in Your use of this Site and to prevent any unauthorized copying of the Materials.
- Trade-marks The trade-marks, logos and company names of HomeStars or any of its affiliates used on this Site may not be copied, imitated or used, in whole or in part, without the prior written consent of HomeStars or any such affiliate. Other products, services, logos and company names mentioned on this Site may be the trade-marks of their respective owners. Except as expressly provided herein, HomeStars and its affiliates do not grant any express or implied right or license to You under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information.
- Non- infringement You may not post or otherwise make available to the Site any material that is protected by a copyright, trade-mark or other proprietary right without the express permission of the owner. You agree to assume sole liability and to indemnify HomeStars for any damage resulting from infringement of any third party's copyrights, trade-marks or other proprietary rights or any other harm resulting from Your use of such infringing materials in a Review, or on or in connection with the Site.
- Content Feeds We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that
- your use of the Feeds is for personal, non-commercial purposes only;
- your display of the Feed Content links back to the relevant pages on HomeStars’ websites, and attributes HomeStars as the source of the Feed Content;
- your use or display of the Feed Content does not suggest that HomeStars promotes or endorses any third party causes, ideas, websites, products or services, including Your Site;
- you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden HomeStars’ systems. HomeStars reserves all rights in the Feed Content and may terminate the Feeds at any time.
- THIS SITE, THE MATERIALS AND THE INFORMATION ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. HOMESTARS AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD THERETO, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE AT LAW, OR FROM A COURSE OF DEALING OR USE OF TRADE. HOMESTARS DOES NOT WARRANT THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
- THE MATERIALS AND INFORMATION ACCESSIBLE THROUGH THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. HOMESTARS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR INFORMATION ACCESSIBLE ON OR THROUGH THIS SITE, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. HOMESTARS ASSUMES NO RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS OF ANY REVIEW. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OF THE FOREGOING SHALL BE AT YOUR SOLE RISK. HOMESTARS WILL NOT BE RESONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, EXPENDITURES, LOSS OF PROFITS, OR PROSPECTIVE PROFITS OF ANY KIND OR NATURE SUSTAINED OR ARISING OUT OF OR ALLEGED TO HAVE BEEN SUSTAINED OR TO HAVE ARISED OUT OF YOUR USE OF THIS SITE.
- IN NO EVENT WILL HOMESTARS OR ITS AFFILIATE, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES ( INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM ) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS SITE, ITS CONTENTS OR MATERIAL AVAILABLE FROM THIS SITE, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT HOMESTARS OR ITS AFFILIATES, EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- HOMESTARS ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. HOMESTARS IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED
- You agree at all times to indemnify and defend HomeStars, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by HomeStars directly or indirectly in respect of:
- any information or other content You provide on or through this Site, including Your Review(s) or by e-mail or other correspondence;
- Your use or misuse of the content or this Site, including without limitation infringement claims.
HomeStars is committed to resolving disputes quickly in a cost effective and neutral way. Accordingly, you and HomeStars agree to resolve any dispute that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as HomeStars and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly Toll-free: 1-877-488-0312.
- Get in touch: It is our belief that many disputes can be resolved amicably. We encourage you to contact us by phone or email us before resorting to alternatives.
- Improperly Filed Claims - Claims you bring against HomeStars must be resolved in accordance with this Legal Disputes Section. A claim filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. A claim filed contrary to the Legal Disputes Section may allow HomeStars to recover legal fees provided that HomeStars has notified you in writing of the improperly filed claim, and you have failed to promptly have the claim withdrawn.
- Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the Province of Ontario as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against HomeStars must be resolved exclusively by provincial or federal court located in Toronto, Ontario, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. For the purpose of litigation all such claims or disputes, you agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) totalling an amount of less than $25,000, the party requesting relief will elect to resolve the dispute through binding non-appearance-based arbitration. Arbitration shall be initiated through an established alternative dispute resolution (ADR) provider which shall be mutually agreed upon by all parties. The following rules shall be complied with by the ADR provider and the parties: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions. The initiating party shall choose the specific manner by which the arbitration will be conducted; (b) the arbitration shall not involve any personal appearances by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If You have any questions regarding these Conditions of Use, You can reach us at the following address:
Home Stars Directory Inc.
49 Spadina Ave #206, Toronto, Ontario