TERMS OF SERVICE FOR ALL USERS OF TRADE HOUNDS, INC. (“TRADE HOUNDS”) MOBILE APPLICATIONS

 

Effective 4/17/2019

 

1)     Consent to Terms. In order to use this Application, you must expressly consent to these Terms of Use and the related Privacy Policy, which contains a broad description of the information that we may collect and our intended uses of it.

2)    Children not Authorized. The TRADE HOUNDS application is not intended for the use of children under 18 and no such person is authorized to use it.

3)     Ownership.

  1. The content on the application, are owned by or licensed to TRADE HOUNDS, Content on the Application is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Application or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Application or the Intellectual Property therein.
  2.  When you provide User Submissions, you grant to TRADE HOUNDS, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
  3. In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of TRADE HOUNDS, inappropriate, defamatory, false, obscene, violent, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to TRADE HOUNDS, may result in account suspension or termination.
  4. TRADE HOUNDS may refuse or remove a User Submission without notice to you. However, TRADE HOUNDS shall have no obligation to monitor User Submissions, and you agree that neither TRADE HOUNDS nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.  Notwithstanding the foregoing, TRADE HOUNDS reserves the right to monitor all activity conducted over the Application and anticipates that it will do so from time to time.
  5. TRADE HOUNDS does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
  6. You represent and warrant that you have all rights necessary to grant to TRADE HOUNDS the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law. No material is to be included in the Application unless the person or entity proposing to include it has full ownership or a valid written license allowing its inclusion.
  7. When submitting any photos of Your work, You will not submit any that allow identification (directly or through metadata) of the pertinent property, owner or physical location and will not make any submission that includes any objects beyond those directly illustrating your work.

4)     No Reuse. Material appearing in the application may not be reproduced or used for any other purpose without the express prior written consent of TRADE HOUNDS.

5)     No Warranty. TRADE HOUNDS does not warrant any content which appears through the application or any service or product provided by anyone using the application and users acquire no rights with respect to TRADE HOUNDS. All warranties, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, are expressly disclaimed by TRADE HOUNDS. Any warranties pertaining to products or services must be negotiated only with the pertinent provider. TRADE HOUNDS shall have no responsibility for any action or omission of any user of the application. Users must use the application and related services solely at their own risk.

6)    LIMITATION OF LIABIILTY. YOU UNDERSTAND AND AGREE THAT TRADE HOUNDS LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE APPLICATION AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL TRADE HOUNDS, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “TRADE HOUNDS ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TRADE HOUNDS ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). YOUR ACCESS TO AND USE OF THIS APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APPLICATION OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION OR THE CONTENT. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

7)    No Service Provider Responsibility. Any objection to services provided by any user of this application must be pursued with said user. TRADE HOUNDS shall have no responsibility of any kind for any service.   

8)    No Assurance of Engagement. Use of this application does not constitute any assurance of engagement to provide services.

9)    Risk of Security Breaches. While TRADE HOUNDS believes and intends that its information security practices reflect good practice, there is no such thing as perfect information security. Thus, users assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, users must safeguard their TRADE HOUNDS credentials.

10) Take-Down Notices. Anyone believing that any material in the application is infringing their copyright interest or otherwise violating any of their rights should provide written notice to TRADE HOUNDS describing in detail the basis for their concern and their legal interest in the material at issue as follows.  TRADE HOUNDS’ registered DMCA agent, Peter Maglathlin, can be reached at peter@tradehounds.com.

Upon receipt of such notice, TRADE HOUNDS will investigate and remove material if necessary. The complaining party will be notified of the results of such investigation.

11) Modification by TRADE HOUNDS. TRADE HOUNDS may modify these Terms of Service or modify/discontinue the application at any time for any reason.

12) Choice of Law and Arbitration.

  1. Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Application (including all commercial transactions conducted through the Application) (“Claims”), shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. The arbitration shall be held in Suffolk County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in     courts of the Commonwealth of Massachusetts, provided that:
  2.      The arbitrator shall not have authority to award punitive damages; and
  3.      Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and TRADE HOUNDS agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

13) Compliance with Laws, Employer Policies and Union Contracts. All parties shall comply with all applicable laws in the provision of services. Service providers shall comply with all applicable union contracts. Individuals employed by or under contract with an organization shall comply with all applicable rules and policies of that organization.