Terms of Service

Terms of service definitions

houseonthehill.net is the interactive Web site operated on the Internet by Houston the Hill Cookie Molds (HoHCM), consisting of informational services and content provided by HoHCM, affiliates of HoHCM and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of houseonthehill.net.

General

(A) This Agreement sets forth the terms and conditions that apply to use of houseonthehill.net by Subscriber. By using houseonthehill.net (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use houseonthehill.net is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

(B) HoHCM shall have the right at any time to change or discontinue any aspect or feature of houseonthehill.net, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Changed terms

HoHCM shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of houseonthehill.net, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on houseonthehill.net, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of houseonthehill.net by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications, or additions.

Disclaimer of warranty; limitation of liability

(A) Subscriber expressly agrees that use of houseonthehill.net is at subscriber's sole risk. Neither HoHCM, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that houseonthehill.net will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of houseonthehill.net , or as to the accuracy, reliability or content of any information, service, or merchandise provided through houseonthehill.net.

(B) houseonthehill.net is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that HoHCM is not liable for the defamatory, offensive, or illegal conduct of other subscribers or third parties and that the risk of injury from the foregoing rests entirely with subscriber.

(D) In no event will HoHCM, or any person or entity involved in creating, producing, or distributing houseonthehill.net, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use houseonthehill.net. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on houseonthehill.net. 

(E) In addition to the terms set forth above neither HoHCM, nor its affiliates, information providers, or content partners, shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within houseonthehill.net, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. HoHCM, its affiliates, information providers, or content partners shall have no liability for investment decisions based on the information provided. Neither HoHCM, nor its affiliates, information providers or content partners, warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

Trademarks

House on the Hill is a trademark of House on the Hill Cookie Molds. All rights reserved. All other trademarks appearing on houseonthehill.net are the property of their respective owners.

Copyrights and copyright agent

HoHCM respects the rights of all copyright holders, and in this regard, HoHCM has adopted and implemented a policy that provides for the termination--in appropriate circumstances--of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HoHCM the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact the complaining party;

  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.