Terms of Service
The gist:
We (the individuals behind the platform) run a digital guidebook hosting service designed to empower your hospitality business. Our basic service is now entirely free, aiming to provide you with as much control and ownership over your digital guidebook as possible and encourage you to express yourself freely. While we've transitioned to a free model, we continue to value responsible publishing. Make sure that none of the prohibited items appear on your guidebook. If you encounter any violations, please contact us.
Terms of Service:
The following terms and conditions ("Terms") govern all use of our website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement.If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by houseguideapp.com, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires a HouseGuideApp.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. HouseGuideApp.com.
- Your HouseGuideApp.com Account and Digital Guide. If you create a Digital Guide on HouseGuideApp.com, you get to use an houseguideapp.com-owned subdomain, such as example.HouseGuide.me. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains. You are responsible for maintaining the security of your account and Digital Guide, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Digital Guide. You must immediately notify houseguideapp.com of any unauthorized uses of your Digital Guide, your account, or any other breaches of security. houseguideapp.com 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 Contributors. If you operate a Digital Guide, or post material to HouseGuideApp.com or Houseguide.me, post links on HouseGuideApp.com or Houseguide.me, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, code or items (services or goods) submitted for sale in the 'Shop' feature of Houseguide. By using HouseGuideApp.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to houseguideapp.com for inclusion on your website, you grant houseguideapp.com 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 Digital Guide. This license allows houseguideapp.com to make publicly-posted content available to third parties selected by houseguideapp.com (through Vimeo, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, houseguideapp.com will use reasonable efforts to remove it from HouseGuideApp.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, houseguideapp.com has the right (though not the obligation) to, in houseguideapp.com’s sole discretion, (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in houseguideapp.com’s reasonable opinion, violates any houseguideapp.com policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of HouseGuideApp.com to any individual or entity for any reason. houseguideapp.com will have no obligation to provide a refund of any amounts previously paid.
- Advertisements. houseguideapp.com reserves the right to display advertisements on your Digital Guide unless you have paid for a plan that includes the removal of HouseGuideApp.com ads.
- Attribution. houseguideapp.com reserves the right to display attribution text or links in your Digital Guide footer or toolbar, attributing HouseGuideApp.com, for example. The toolbar may not be altered or removed.
2. Responsibility of Visitors.
We have not reviewed, and cannot review, all of the material (such as videos, instructions, local recommendations, shop items or other content) posted to our Services by users or anyone else (“Site Materials”), and are not responsible for any Site Materials’ content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use, purchase or downloading of Site Materials. If you access or use any Site Materials, 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. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights and other proprietary rights, of third parties. Any Site Materials offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Site Materials. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Last thing: Please note that additional terms and conditions may apply to the downloading, copying, purchase, or use of Site Materials.
3. Fees, Payment, and Renewal.
- Our Services are now offered free of charge. We may introduce premium features or services in the future that may be subject to fees, and we reserve the right to do so. Additionally, to sustain our service and ensure its longevity, we may implement a "Donate" button, providing you the option to contribute at your discretion.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Houseguide.me links, and that link to Houseguide.me or HouseGuideApp.com. houseguideapp.com does not have any control over those non-Houseguide.me websites, and is not responsible for their contents or their use. By linking to a non-Houseguide.me website, houseguideapp.com does not represent or imply that it endorses such website. 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. houseguideapp.com disclaims any responsibility for any harm resulting from your use of non-Houseguide.me websites and webpages.
5. Intellectual Property.
This Agreement does not transfer from houseguideapp.com to you any houseguideapp.com or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with houseguideapp.com. houseguideapp.com, Houseguide.me, HouseGuideApp.com , Houseguide.app, the HouseGuideApp.com logo, and all other trademarks, service marks, graphics and logos used in connection with Houseguideapp.com or our Services, are trademarks or registered trademarks of houseguideapp.com or houseguideapp.com's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any houseguideapp.com or third-party trademarks.
6. 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 let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
7. Termination.
houseguideapp.com may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your HouseGuideApp.com account (if you have one), you may simply discontinue using our Services. 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.
8. Disclaimer of Warranties.
Our Services are provided "as is." houseguideapp.com 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 houseguideapp.com nor its suppliers and licensors, makes any warranty that our Services 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, our Services at your own discretion and risk.
9. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the country of Romania, Europe, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state courts located in Bucharest, Romania, Europe.
10. Limitation of Liability.
In no event will houseguideapp.com, 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 houseguideapp.com under this Agreement during the twelve (12) month period prior to the cause of action. houseguideapp.com 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.
11. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification.
You agree to indemnify and hold harmless houseguideapp.com, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, materials (such as computer software, items for sale, or content) that you post.
13. Translation.
These Terms of Service were originally written in English (US). 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.
14. Miscellaneous.
This Agreement constitutes the entire agreement between houseguideapp.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of houseguideapp.com, or by the posting by houseguideapp.com of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; houseguideapp.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.