Terms & Conditions
September 1, 2021
The following Terms describe your rights and obligations when using the NeueHouse Site. By accessing the Site, you agree to be legally bound to all the following Terms, regardless of whether or not you are a registered or paid user. Before accessing our Site, please read through the entirety of the Terms. If you do not wish to adhere to these Terms, please do not use the Site. The right to access and use the Site is not transferable to any person or entity.
If you use or access any of our physical space, restricted-access web-based services (i.e., those requiring a login), any membership programs or other services that NeueHouse provides, your use of such space, services or membership program is subject to the terms and conditions you received or accepted when you signed up for such space, services or membership program.
These Terms are subject to change at any time without advance notice. We will post the most updated Terms on our website with the date at which it was updated. All new Terms are effective as of the date of publishing. By continuing to use our Site after a change in the Terms, you agree to be bound by the new Terms. Please visit this page regularly to ensure that you are aware of any and all changes made to the Terms.
1. Online Privacy Statement
The text, images, videos, audio clips, software and other content generated, provided, or otherwise made accessible on or through the Site (collectively, “Content”) are contributed by us and our licensors. The Content and the Site are protected by U.S. and international copyright laws. We and our licensors retain all proprietary rights in the Site and the Content made available on or through the Site, and, except as expressly set forth in these Terms, no rights are granted to any Content. Subject to these Terms, we grant each user of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for viewing, browsing and using the functionality of the Site. All Content is for general informational purposes only. We reserve the right, but do not have any obligation to monitor, remove, edit, modify or remove any Content, in our sole discretion, at any time for any reason or for no reason at all.
3. Digital Millennium Copyright Act
NeueHouse is committed to complying with U.S. copyright and related laws and requires all users of the Site to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact NeueHouse immediately to report any concerns of infringement by providing notice to NeueHouse’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. Please contact us at firstname.lastname@example.org and include the following in your correspondence:
● The copyrighted work or works you believe have been infringed upon
● The content you claim to be infringing upon your own work
● Contact information including email address and phone number
● A full statement explaining that the material has been used without authorization by either the copyright owner or an authorized agent of the copyright owner
● A full statement certifying that all information submitted is accurate and complete and that you, as the person submitting a complaint, are authorized to act on behalf of the copyright regarding DMCA claims
4. Links to Other Websites
The Site contains links to other websites that we think may be of interest to you. We have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read. NeueHouse has not reviewed all of the sites that link to the Site and is not responsible for the content on any of those sites linked to the Site. If you use a link to visit any other site, you do so at your own risk. A link does not imply endorsement or affiliation with the linked site by NeueHouse.
5. User Content
From time to time, NeueHouse may invite you to send messages, comment publicly, leave feedback and reviews, and post other content on the Site. You remain the sole owner of all intellectual property rights in what you post. You are responsible for all content you share through our Site.
6. User Code of Conduct
You agree to follow the codes of conduct enumerated in these Terms on the Site. NeueHouse may decide in its sole discretion whether your content violates these rules of conduct. You are responsible for all content that you post to our Site and represent that you have permission from all copyright or trademark owners to post any copyrighted or trademarked material. You may not post content that is intentionally rude, degrading, defamatory, or otherwise offensive. You may not post identifying information of other users, access another user’s account without authorization. You may not share your account information with an unregistered or unauthorized user. You may not advertise or solicit business on our Site. You may not post any links containing viruses, trojan horses, worms, or other pieces of code designed and meant to harm others, operate on the device of another, or be used for malicious purposes. NeueHouse shall have the right, but not the obligation to inspect, monitor, review, edit, remove, refuse or delete any content for any reason whatsoever.
8. Termination and Modification of Site
We reserve the right to terminate the Site and these Terms at any time without notice for any reason, including, in the case of the Terms, for your violation of any of its provisions. The Limitation of Liability, Indemnity and Governing Law Sections of these Terms survive any such termination.
YOU AGREE TO ARBITRATE ALL DISPUTES RELATED TO THE SITE, AT PRESENT AND IN THE FUTURE. YOU AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES WITH ANYONE (INCLUDING NEUEHOUSE AND ANY EMPLOYEE, OFFICER, DIRECTOR, SHAREHOLDER OR BENEFIT PLAN OF NEUEHOUSE IN THEIR CAPACITY AS SUCH OR OTHERWISE), ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE SITE OR OTHER RELATIONSHIP WITH NEUEHOUSE, INCLUDING ANY BREACH OF THESE TERMS, SHALL BE SUBJECT TO BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT.
Limitation of Liability
NeueHouse and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site materials, user materials, the services, products, information and other materials on, in, and made available through the Site, regardless of legal theory, whether or not you or NeueHouse had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail in their essential purpose. Under no circumstances will the total liability of NeueHouse and its affiliates, subsidiaries, or its licensors to you or any other person or entity in connection with the Site, or materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. Some states to not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of NeueHouse and its affiliates, subsidiaries or its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel NeueHouse has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
By using our Site, you agree to indemnify, defend, hold harmless, NeueHouse, its Affiliates, and the officers, directors, employees, licensors, service providers and agents of NeueHouse and its Affiliates, from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs resulting from or arising out of your connection to and use of our Site, your violation of these Terms, or your violation of any law or rights of a third party.
All claims related to these Terms shall be governed by the laws of the State of New York, without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under these Terms, you hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York.
10. General Terms
Severability and Waiver
If a court or other body of competent jurisdiction finds any provision of these Terms, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to affect the original intent, and the remainder of these Terms will continue in full force and effect.
Waiver by NeueHouse of a breach of any provision of these Terms will not operate as a waiver of any other or subsequent breach.
You agree that these Terms constitute the entire agreement and understanding between you and NeueHouse with respect to your use of the Site.
Notice to California Users
Under California Civil Code Section 1789.3, California users of electronic Site are entitled to the following notice: you can contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210.