CandysDirt reserves the right, in its sole discretion and for any or no reason, to modify this Agreement from time to time by posting a revised version, together with the date of such posting at the bottom of the page. All such changes will be effective itely upon posting, and each time you use the Site, you agree anew to the terms of this Agreement. Therefore, please review this Agreement regularly. If at any time all of the terms of this Agreement are not acceptable to you, please do not use the Site.
Be Careful; Use At Your Own Risk
You agree that you will use the Site at your own risk. We developed, operate and provide access to the Site for the benefit of people who are interested in Dallas real estate, renovation and community news. We cannot and do not guarantee that every member of our community is honorable, honest or all (or who) they claim to be, and we do not vet user posts or advertising for accuracy or compliance with law. In every transaction arising from your use of this Site, please use common sense. We take no responsibility for policing the Site to keep users safe from each other; however, we will respond promptly to complaints of bullying, harassment, ad hominem attacks, defamation, misleading or false information and the like on the Site. (Send comments and complaints to Candace@CandysDirt.com.) Lastly, we cannot be sure that our users are who they say they are, and neither can you. Again, please use common sense and proceed with caution if you answer an ad you have seen on the Site or arrange to meet in person a fellow user or users you do not know.
The site’s purpose is to report and comment on Dallas real estate and the many tangential topics that affect it, including (but not limited to) home renovation, historic preservation and the evolving nature of the borough’s streets and infrastructure.
The Site is not intended to:
give you a forum to promote shady business deals or pyramid schemes or to otherwise trick our members, under false pretenses, into parting with their cash or property; or
permit anonymous access to a bullhorn to shout lies or spread rumors about anyone. If you have a legitimate grievance with a person or company that does business in Dallas, you may voice your opinion on our Boards but you may not defame anyone or engage in the online equivalent of a street brawl. Please keep your contributions to the Site clean, honest and fair.
Use of the Site is void where prohibited. The Site is intended solely for persons who are 18 years of age or older. Any registration by, use of or access to the Site by anyone under 18 years old is unauthorized, unlicensed and in violation of this Agreement. By visiting the Site, you agree to all of the terms and conditions of this Agreement.
Boards; User Content
You may upload text and images to certain portions of the site, by contributing comments on the Home Page, posting questions and comments on the Answers section or placing a Classified ad or listing (collectively, “User Content”). You agree that the User Content you upload (or authorize others to upload on your behalf) to the Site will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties, and will not consist of or contain software viruses, political campaigning, commercial solicitation (except with respect to your paid advertising on the Site), chain letters, mass mailings, or any form of “spam”. In your social and business transactions with us and other Users, you may not impersonate any person or entity, or otherwise mislead as to the origin of yourself or any User Content you may post. We do not systematically review User Content for conformity with this Agreement, but we reserve the right (but do not have any obligation) to review and remove or edit any User Content at our sole discretion.
You may not directly delete your User Content from the Site. However, we may take down your Boards posts upon request. That said, we recommend caution before you post. Please do not post Content that is not in compliance with this Agreement or that might embarrass you or otherwise expose you or others to unwanted attention. Please note that we will retain copies of Content that we have removed from the Site among other data backed up during regular maintenance of the Site.
The Boards; Classifieds; Community Standards
The Site is here for our Users. Because we want to encourage lively discussion and healthy debate, we allow Users to comment and post questions on our Boards [hyperlink]. People with expertise (professionals or amateurs) are encouraged to respond to general reader questions or to specific negative reviews, but may not post advertisements or otherwise use the Boards as a promotional tool. Boards may not be used for real estate listings or notices of events.
If you wish to promote products or services that would be of interest to our community, please use our Classifieds section.
As noted above, you agree to take responsibility for all of the information, opinions and other Content contained in any questions or comments that you post. CandysDirt will not be responsible for any information or opinions posted by Users.
In order to maintain an environment conducive to constructive discussion and debate, as well as to the safety of our Users, please adhere to the following community guidelines while on the Site:
Please do not:
bully, intimidate or harass any User;
post Content that is hateful, threatening or pornographic; unlawful, misleading, malicious, defamatory or discriminatory; or that incites violence;
post Content as true that you know or believe to be false;
pretend to be someone else;
upload viruses, worms or other malicious code, or otherwise attempt to disable, overburden, or impair the proper working of the Site.
By uploading User Content to the Site, you grant to CandysDirt and its sublicensees, assigns and successors a nonexclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world on and in connection with the Site via the Internet and/or other now known or hereafter developed. This is the permission you give to us and to the companies that help us design and operate the Site, as well as to any company that may buy the Site or that we may become in the future, to use your User Content as part of the Site, whether the Site is accessible through the Internet or through another medium that is not yet established or may not yet exist. You have not granted us the right, for example, to publish your posts in a book. We cannot do this without obtaining your permission in each instance.
You agree to permit Users to copy and use your User Content for their own personal, noncommercial use.
Lastly, by uploading User Content, you agree that the following statements are and will remain true while the User Content is on the Site:
you own or license rights in and to your User Content sufficient to permit you to legally post or upload it to the Site and to license to CandysDirt the rights granted under this Agreement; and
neither your User Content nor our use of it as provided in this Agreement breaches or will breach any of the terms of this Agreement, violates or will violate any applicable law or will cause injury to any person or entity.
Ownership and License of Intellectual Property
All words, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material used on or incorporated into the Site (collectively, the “Content”), and the arrangement or integration of all such Content, is the protected property of CandysDirt, is licensed to CandysDirt by third parties (including by you), or is used pursuant to applicable copyright law. It is best to assume that all material on or accessible through the Site is protected by copyright, trademark or other intellectual property law. Please do not use Content except as expressly permitted in this Agreement or by separate agreement with the Content owner.
CandysDirt owns all right, title and interest (including worldwide copyright) in and to the Site and any compilation, collective work or other derivative work created by CandysDirt using or incorporating User Content. We grant you a limited license to access the Site and to copy Content for your own personal, noncommercial use. (For example, you may copy the information from one or more real estate listings for your personal use, but you may not redistribute this information or these listings on your own or someone else’s website.) You agree to comply with any copyright or trademark notices and other restrictions contained in any Content available on or accessed through the Site. Other than as expressly set forth in this Agreement or without our prior written approval, you may not, directly or indirectly:
copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part; or
use any of the trademarks, trade names or logos that appear on the Site; or
make commercial or other unauthorized use by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including, without limitation, the Content; or
delete or alter any Content; or
post, upload, transmit or submit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, or other solicitations; or
disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way; or
use automated means, such as scrapers, bots or spiders, to collect Content; or
run or advertise for lotteries, sweepstakes, giveaways or contests; or
impede or interfere with others’ use of the Site.
Third Party Content and Websites; Products and Services; No Endorsement
If we incorporate information from third party sources into the Site, we will make all reasonable efforts to follow fair use conventions, including giving credit to the source of the information and providing links, when available, to the third party source from which the information was gathered.
The Site may provide links to, and may feature, mention, describe or advertise, certain products and services that may be of interest to you. However, unless we expressly state otherwise, we do not recommend, certify or endorse these or any other products or services in any way, and we are not responsible for the contents of, or any products or services offered on, any third party sites. If you have questions about any product or service you learn about on our Site, please go to the source – namely, the vendor or manufacturer – for additional information.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
information, if possible, sufficient to permit CandysDirt to notify the owner/ administrator of the allegedly infringing content; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright). Notices and counter-notices should be sent to our Copyright Agent:
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
We provide Content through an RSS feed. Please be aware that Content, however we may transmit it or you may receive it, is subject to this Agreement. Without limiting the foregoing, Content is provided solely for your personal use. You may not sell, lease, sub-license redistribute, re-purpose or otherwise use our RSS feed for any commercial purpose, with or without compensation, without our express written consent in each instance. By using our RSS feed, you acknowledge that you understand and agree to be bound by this Agreement.
Disclaimer of Warranties; Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITE, OUR SERVERS, OR E-MAIL SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU HEREBY RELEASE CandysDirt, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR OR ANYONE ELSE’S USE OF THE SITE OR ANY ACT OR OMISSION OF ANY RELEASED PARTY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You will indemnify, hold harmless and, at CandysDirt’s option, defend CandysDirt and its parent and affiliates and each of their respective officers, employees, agents, licensees, successors, and assigns from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, by any third party as a result of your breach of any term of this Agreement, your violation of any law or the rights of a third party, or your use of the Site.
No Unlawful or Prohibited Use
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, without prior notice or liability. If your access has been terminated, do not attempt to rejoin the community using a false name or contact information. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.
Applicable Law; Disputes
By visiting the Site, you agree that the laws of the State of Texas, without regard to the principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise between you and CandysDirt. Any such dispute may be heard only in the federal and state courts in the State of Texas and you hereby submit to the exclusive jurisdiction and venue of such courts.
The section headings in this Agreement are for convenience only and shall not affect in any way the interpretation or understanding of this Agreement or any of the terms and conditions herein.
If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining portions will continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intent of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.
No waiver (in whole or in part, express or implied) of any right or remedy provided for in this Agreement shall be understood to waive any other right or remedy. No delay or failure by CandysDirt to exercise any right or remedy shall operate as a waiver thereof.
CandysDirt reserves the right to change the terms, conditions, and notices under which the Site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of the Site.
Last updated as of February 12, 2013
© 2014 CandysDirt