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The following terms and conditions govern all use of the spotlight.century21.ca website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Website's Privacy Policy) and procedures that may be published from time to time on this Site by Homeania (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Homeania, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your spotlight.century21.ca Account

If you hold an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Homeania of any unauthorized uses of your account or any other breaches of security. Homeania will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Users Contributing Content

Post material to the Website, post links on the Website, upload images or media on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer or client has rights to intellectual property you create, you have either (i) received permission from your employer or client to post or make available the Content, or (ii) secured from your employer or client a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • by submitting Content to Homeania or spotlight.century21.ca for inclusion on your Website, you grant Homeania a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your related products, services or orders. This license allows Homeania to make publicly-posted content available to third parties selected by Homeania so that these third parties can analyze and distribute your content through their services.

If you delete Content, Homeania will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Homeania has the right (though not the obligation) to, in Homeania's sole discretion (i) refuse or remove any content that, in Homeania's reasonable opinion, violates any Homeania policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Homeania's sole discretion. Homeania will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

  • General Terms. Paid services and products are available on the Website. By purchasing a service or product, you agree to pay Homeania the one-time, or recurring fees indicated for that service. Payments will be charged on a pre-pay basis on the day you purchase any service or product that will cover the use of that service for period as indicated.
  • Automatic Renewal.Unless you notify Homeania before the end of the applicable subscription period that you want to cancel a recurring service, your service subscription will automatically renew and you authorize us to collect the then-applicable recurring subscription fee for the renewal period (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Recurring services can be canceled at any time, either on the Website or by phone or email.
  • Responsibility of Website Visitors

    Homeania has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Homeania does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Homeania disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

    Content Posted on Other Websites

    We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which spotlight.century21.ca or homeania.com links, and that link to spotlight.century21.ca or homeania.com. Homeania does not have any control over those third party websites and webpages, and is not responsible for their contents or their use. By linking to a third party website or webpage, Homeania does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Homeania disclaims any responsibility for any harm resulting from your use of third party websites and webpages.

    Copyright Infringement and DMCA Policy

    As Homeania asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by spotlight.century21.ca or homeania.com violates your copyright, you are encouraged to notify Homeania via email or phone. Homeania will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Homeania will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Homeania or others. In the case of such termination, Homeania will have no obligation to provide a refund of any amounts previously paid to Homeania.

    Intellectual Property

    This Agreement does not transfer from Homeania to you any Homeania or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Homeania. Homeania, Spotlight, and all other trademarks, service marks, graphics and logos used in connection with spotlight.century21.ca and homeania.com, or the Website are trademarks of Homeania or Homeania's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Automattic or third-party trademarks.

    Attribution

    Homeania reserves the right to display attribution links such as 'Powered by Homeania', 'Homeania.com', 'Spotlight.century21.ca' in web pages provided as a service to you in the footer or toolbar of the web pages provided.

    Domain Names

    If Homeania registers a domain name for you as a part of a provided service, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities. Any domain names registered by Homeania as part of a provided service are owned by Homeania, and are only transferrable upon consent from Homeania under the sole discretion of Homeania.

    Changes

    We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will update this Privacy Policy and indicate which sections have been amended, as well as the date on which the changes take effect. The amendment will designate a reasonable period of time after which the new Terms will take effect. Once the new amended Terms have taken effect, the portions of the Terms that are then outdated may be removed from this document. If you disagree with our changes, then you should stop using homeania.com or spotlight.century21.ca within the designated notice period. Your continued use of homeania.com or spotlight.century21.ca will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

    Termination

    Homeania may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your homeania.com or spotlight.century21.ca account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    Disclaimer of Warranties

    The Website is provided "as is". Homeania and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Homeania nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

    Limitation of Liability

    In no event will Homeania, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Homeania under this agreement during the twelve (12) month period prior to the cause of action. Homeania shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

    General Representation and Warranty

    You represent and warrant that (i) your use of the Website will be in strict accordance with the Homeania Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

    Indemnification

    You agree to indemnify and hold harmless Homeania, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

    Translation

    These Terms of Service were originally written in English. We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

    Last Updated: February 9, 2015

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