These Terms were last updated on November 7th, 2018
“HOUSE OF HEAT” (ABN 69 551 692 550) owns and operates this website (including mobile-optimized versions) and/or application (collectively known as our “Sites”) that you are currently viewing. By using our Sites, you are agreeing to be bound by these Terms.
Please read these Terms carefully before engaging, registering or using the Sites. The Terms govern your use of the Sites, and will apply to any dispute between you and House of Heat conquering the Sites. If you do not accept these Terms, then you may not use the Sites. We may change these Terms at any time by publicly posting an updated version to our Sites. Your continued use after such notice will constitute acceptance by you of such changes.
What These Terms Cover
Fair Use Policy
You may utilize our Sites and our Content for personal, non-commercial use only. You may use our Sites and our Content as long as it does not infringe on the conditions set out in the Terms. You are responsible for all activities you carry out in relation to our Sites and Content.
Your use of our Sites and it’s Content is subject to the following restrictions under our Fair Use Policy.
You may not:
- Duplicate, sell, rent, lease, licence, transfer, assign, distribute, host or otherwise commercially use our Sites or our Content;
- Modify, make like works of, disassemble, reverse-compile or reverse-engineer any part of the Sites or any of our Content;
- Access and use our Sites or Content to build a like, similar or competitive service;
- Violate our, our affiliates or any third party’s intellectual property rights;
- Violate any local, federal or international law, regulation, or ordinance that is applicable to you or your use of our Sites and Content;
- Remove any copyright, trademark, or similar notice from our Sites and/or Content;
- Harvest or otherwise collect any data or information regarding HOUSE OF HEAT or any of it’s registered users of our Sites;
- Take any action that establishes or may establish unreasonable stress on our Sites infrastructure;
- Bypass or side step any security or rights-protection measures related to our Sites and Content;
- Reproduce, copy, republish, post or repost, perform, distribute, download, display, broadcast, or transmit any part of our Sites or Content in any form, via any medium, unless permitted by express written consent;
- Use automated scripts or any software to generate automated searches and queries, or mine data from our Sites and Content (with the exception of public search engines, who are granted revocable permission to use spiders or crawlers to copy our Sites and our Content solely for the purpose of creating a publicly available, searchable index of such materials, and expressly excluding the creation of caches or archives);
If you are found to be in violation of our Fair Use Policy, we have the right to execute any action we consider necessary, including suspension or termination of your I.P.’s access to our Sites and Content and of any user logins and accounts you may have with HOUSE OF HEAT, including social media, and the provision of any information about you appropriate authorities. If we terminate your access to our Sites and Content, any right you have to use our Sites and Content shall be automatically and immediately revoked. Furthermore, you may not access our Sites or Content from alternate I.P. address, alternate accounts or by any other means.
Information We Collect About You
Feedback You Provide To Us
Should you provide us with any feedback or suggestions via our Sites or via Email (Feedback) you assign to us all rights, title, and interest in your Feedback and agree that we have the right to use your Feedback in any manner and for any purpose we deem appropriate without compensation to you. We will treat any Feedback you provide to us as non-proprietary and non-confidential, so please do not submit any information or materials to us that you consider to be proprietary or confidential.
Our Intellectual Property
Our Sites, our Content, software, script and coding (collectively known as our “Intellectual Property”) are protected by copyrights and trademarks and other proprietary rights under intellectual property laws. We own and control all right, title, and interest to our Intellectual Property, to the fullest extent permitted by law. In some instances, we utilize imagery, logos, video and other content where copyright is not own. We utilize these materials in good faith, with crediting and backlinks added where known.
For the usage of brand logos for shopping links buttons will always link to the correct site, as not to mislead both the Sites user or the Affiliate brands associated. Again, these logos are used in good faith.
Any breach of copyright is not intended. We comply with the notice-and-takedown procedures set out in the U.S. If you do need to dispute any copyright infringement, please see the following section.
Copyright Dispute Policy
If we, on the rare occasion, unintentionally breach your copyright, you may only issue a DMCA take-down notice: (i) if you are either the owner of a valid copyright or are authorized to act on behalf of the copyright owner and (ii) you have a good-faith belief that you are complaining about a valid infringement of your copyright.
If you believe in good faith that material or content accessible on our Sites or content infringes your copyright, please send a notice of copyright infringement containing the following information to [email protected]:
- Identify the copyrighted materials or content that are being infringed, including any copyright registration number (if applicable);
- Identify the materials or content that you believe are infringing your copyright, including URLs and any other information required for us to locate the materials or content;
- Contact information of the copyright rights-holder, or of an authorized agent of the rights-holder, including name, address, telephone number, and email;
- A statement that you are the sole rights-holder of the copyright(s) and that you have not authorized the allegedly infringing materials or content;
- A statement that you believe, in good faith, that no exception to your copyright (such as fair use) applies to the allegedly infringing materials or content; and
- A statement that everything contained in your notice is accurate and that you have the legal right to issue your notice on behalf of the copyright owner.
Once we have received your notice, we will remove the materials or content at issue from our Sites or Content and will notify the individual or entity who provided the allegedly infringing materials or content.
We do concurrently participate in various affiliate marketing programs, which means that we receive commissions on purchases made through some outbound links on our Sites. However, our Editorial Content is never influenced in any way shape or form by our advertisers or affiliate partners. It may, on occasion, refer to products and services, but this content remains impartial.
Third Party Content
We provide Third Party Content solely as convenience, and may not review, approve, endorse, warrant, monitor or make any representations with respect to it. If we do choose to view any provided Third Party Content, we do so at our sole discretion and do not have any liability towards you as a result of reviewing Third Party Content.
Access of Our Content Outside of Australia
We don’t claim that our Content and/or our Sites may be lawfully viewed or downloaded by all individuals, or that it may be lawfully viewed or downloaded outside of Australia.
Some Content and/or Site features may not be legally accessed, viewed or downloaded by certain persons or in certain countries. If you access our Sites and/or Content from outside os Australia, you do so at your own risk and are responsible for compliance of the laws in your locale.
Changes To Our Sites and Content
As we continue to develop and improve the Sites and our Content, you may see changes from time to time in the way the Sites function and the types of Content we display to you. We do not guarantee that any Content will be made available through our Sites, or that any feature or portion of our Sites will be made available.
We may remove or modify any Content or portion of the Sites at any time without notice to you.
Transmission of Service
We use the Internet and third party networks (such as ISPs and VPNs) to provide you with access to our Sites. The Internet and these third party networks may or may not be reliable, private, and secure. You are solely responsible for investigating your internet or online service provider and taking any necessary security measures to protect your access and use of our Sites. In addition, since we do not control the Internet or third party networks, we cannot guarantee that you will have uninterrupted access to our Sites or Content, or that our Sites and Content will always display properly, load fast or be accessible 24/7.
We may modify, suspend, or terminate your access to our Sites or Content at any time without notice to you. We will have no liability to you for any of these decisions.
You agree to defend, indemnify and hold us, and our officers, employees, agents, contractors, representatives, and third-party suppliers harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) against any claim or demand made by any third party due to or arising out of: (a) your use of our Sites and Content; (b) your User Content; (c) your violation of our Terms; or (d) your violation of any applicable law, regulation, or ordinance. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with us in our defense of these claims. You agree not to settle any matter for which you are indemnifying us without our prior consent. We will use reasonable efforts to notify you of any such claim or demand.
YOUR USE OF OUR SITES AND CONTENT IS AT YOUR OWN RISK
OUR SITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS.
WE MAKE NO WARRANTY THAT YOUR USE OF OUR SITES AND CONTENT WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR IN ANY THIRD PARTY CONTENT LINKED TO OR FROM OUR SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT SHALL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COMPUTER OR TECHNICAL FAILURE OR MALFUNCTION, LOSS OF DATA OR INFORMATION, LOSS OF USER CONTENT, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SITES, EVEN IF WE (OR THEY) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE TERMS OF SERVICE OR YOUR USE OF, OR INABILITY TO USE, OUR SITES.
If we shut down our Sites or terminate your ability to access our Sites and/or Content the most recent Terms you accepted will remain applicable to any further interactions you have with us, and to any questions, concerns, or disputes you have with us regarding your prior use of our Sites and content. We may terminate these Terms at any time. If we terminate these Terms, all provisions of these Terms which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property ownership, warranty disclaimers, limitation of liability and indemnification.
Our Terms constitute the entire agreement between you and us, regarding our Sites and Content, and supersede all previous agreements between you and us regarding our Sites and Content.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of our Terms, or of your use of our Sites and Content.
Our failure to exercise or enforce any of our rights, or any provision of our Terms, shall not operate as a waiver of such right or provision.
If any provision of our Terms is held to be invalid, illegal or unenforceable, that provision shall be limited or otherwise modified, as consistent with its original intent as is possible, so that it is valid and enforceable to the fullest extent permissible by law. The remaining Terms shall remain unchanged and in full force and effect.
Jurisdiction and Choice of Law.
You expressly agree that any dispute between us and you regarding our Sites and Content shall be governed by the laws of Australia, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of Australia for the resolution of any such dispute.
You may not assign your rights or obligations under these Terms without our prior written consent, but we may freely assign our rights and obligations under these Terms.
If you have any questions, complaints, or claims with respect to our Terms, you may contact us at [email protected]
Effective: November 7th, 2017