Terms and Agreements
The List by OUR HOMES
Welcome to The List by OUR HOMES – an online directory for all-things home in Ontario. The List connects homeowners with home professionals. Whatever or whoever you need for your home, you’ll find it on The List.
These Terms of Use (the “Terms” or the “Agreement”) set forth the binding legal agreement between you and The List. The Agreement governs your use of thelist.ourhomes.ca and all of the related websites offered by OUR HOMES Media Group Inc.
These Terms provide important information to you, including your agreement to grant rights to your content and our limitation of liability to you.
By accessing The List, you accept the terms of this Agreement in full. We encourage you to review this Agreement carefully. Any use of The List Platform, including browsing thelist.ourhomes.ca shall be governed by the Agreement. If you do not agree to any of the Terms, you should stop using The List.
1. Using The List
a. Who can use it. You must be at least 16 years old to use The List.
b. Registration. Access to certain functionalities of The List requires you to register with us and to create a profile on our platform. If you register with The List, you agree to provide us accurate information and update it as needed for accuracy. We will treat personally identifiable information you provide as part of registration in accordance with our Privacy Policy.
c. Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By using The List in any way, you agree to the terms of the Privacy Policy, regardless of whether you are a registered user.
d. Acceptable Use Policy. When using The List, you agree to abide by common standards of etiquette and act in accordance with the law.
e. Termination. You may close your account at any time by going to account settings and disabling your account. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any The List policy.
f. Feedback. We welcome your feedback and suggestions about how to improve The List. Feel free to submit feedback at info@ourhomes.ca By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
g. Cookies. We employ the use of cookies. By using The List you consent
The use of cookies in accordance with our Privacy Policy.
2. Your Content.
a. Definition of Your Content. The List enables you to post materials, including without limitation photos, profile pictures, messages, and commentary. All materials that you post on The List will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using The List, Your Content may be viewed by the general public and will not be treated as private or confidential.
b. License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
c. Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos, and subject to The List product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for The List Business Purposes. The List means any use in connection with The List- branded or co- branded website, application, publication or service, or any use which advertises, markets or promotes The List, the services or the information it contains, OUR HOMES, or its affiliates.
d. Your Responsibilities for Your Content. By posting Your Content on the The List, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that your content does not violate copyright laws or regulations. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.
e. Limits. We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason (which may include a reported violation of copyright and trademark laws. We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content.
3. Our Content and Materials.
a. Definition of Our Content and Materials. All intellectual property in or related to The List (specifically including, but not limited to, our software, The List marks, the List logo, and The List buttons, badges, and widgets, but excluding Your Content), is the property of OUR HOMES Media Group Inc.
b. Our License to You for Use of Our Content and Materials. Subject to these terms of use, including the restrictions below, we grant you a limited, non-exclusive license to use and access Our Content and Materials in connection with your use of The List Platform. Nothing contained on this website grants, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying OUR HOMES Media Group Inc. and/or its affiliates and related companies, or their respective products and services displayed on this website without the express written consent of OUR HOMES Media Group Inc. or such third party that may own such trade-marks, logos, and other names displayed on this website. Except as expressly agreed to otherwise by us (such as your eligibility for creation of a Professional Profile), your use of The List must be limited to personal, non-commercial use, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any rights in any downloaded content or content sent to you as part of any service. You will use The List and any content, material, or information found on The List or any services offered through The List solely for lawful purposes. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
c. No Endorsement or Verification. Please note that The List enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). For example, The List does not conduct background checks or otherwise vet the professionals listed on The List. Participation or availability on The List does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the The List by anyone.
d. Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. The List’s permission to you for your use of The List expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of The List. You may view and print a reasonable number of copies of web pages located on The List for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to The List.
e. Ownership. You acknowledge and agree that The List marks will remain the property of The List. The content, information and services made available on The List are protected by Canadian and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using The List. You are hereby advised that OUR HOMES Media Group Inc. will enforce its intellectual property rights to the fullest extent permitted by law.
f. Buttons, Links and Widgets. You have permission to use The List buttons, links and widgets and the further understanding that: (a) your use of such buttons, links and widgets link only to The List (b) you will not modify such buttons, links, widgets or associated code in any manner; (c) you will not use any such buttons, links, widgets in any manner which implies or suggests that we endorse, sponsor, or recommend the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate The List’s policies.
4. Indemnification.
You agree to fully indemnify, defend, and hold The List Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable lawyers’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement, (b) any allegation that any materials you submit to us or transmit to The List infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with The List or other websites to which The List is linked; and/or (d) your negligent or willful misconduct. You agree to promptly notify OUR HOMES Media Group Inc. immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. OUR HOMES Media Group Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
5 . Viruses
OUR HOMES Media Group Inc. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from this website.
6. Miscellaneous Terms
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as OUR HOMES Media Group Inc. may determine, in any and all actions, disputes, or controversies relating hereto. These provisions and any rules, policies or guidelines posted on this website by OUR HOMES Media Group Inc. constitute the entire agreement between OUR HOMES Media Group Inc. and you with respect to the subject matter hereof. No waiver by either OUR HOMES Media Group Inc. or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that these provisions and all documents relating thereto be drawn up in English.
Contact:
Feel free to contact us by visiting info@ourhomes.ca with any questions about this agreement.
OUR HOMES Media Group Inc. – The List
25 Elgin St.
Collingwood, ON
L9Y 3L6