1. Preliminary
1.1 These terms and conditions set out the rights and obligations of you, the user of the LinkMyHome web site ("LMH site"), and of DVV Italia Srl, a company incorporated under the laws of Italy with registration number xxxxx ("LMH", "we" or "us"), in relation to the LMH site and the services offered by LMH.
1.2 The LMH Community Guidelines and Privacy Policy form an integral part of these terms and conditions.
1.3 Visiting and registration on the LMH web site signifies acceptance of these terms and conditions on the part of you and any person who accesses the LMH web site using your internet connection.
1.4 We reserve the right to amend these terms and conditions at any time and without notice, and all persons will be immediately bound by any such amendments. You are responsible for reviewing these terms and conditions regularly.
2. Accessing the LMH web site
2.1 To use the LMH web site, you must be at least 18 years of age. By using the LMH web site, you represent and warrant that you are 18 years or older. Any use of the LMH web site by anyone under the age of 18 is strictly prohibited and is in violation of these terms and conditions.
2.2 The LMH web site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any omission, interruption, error, delay, deletion, or defect in operation of the LMH web site. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email resulting from or in connection with any technical problems or traffic congestion on the internet, including injury or damage to your or to any other person's computer or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with the LMH web site.
3. Registration
3.1 You will:
(a) register on the LMH web site using true, accurate and current information about yourself, including your correct name, address and any other requested details ("the registration information");
(b) maintain the accuracy of the registration information by making the necessary amendments to "Your Details" on your "My Account" page;
(c) maintain the confidentiality of your password and not disclose it to any third party;
(d) be responsible for the use of your account including all actions that take place using your account; and
(e) notify us immediately if you suspect there has been unauthorised use of your account.
3.2 As part of the registration process for the LMH web site, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains a further link to the LMH web site with instructions on completion of the registration process.
4. Intellectual Property Rights
4.1 If you post information, pictures, images, sounds, videos, graphics, software, files, or any item whatsoever ("Content") to the LMH web site in accordance with these terms and conditions, you will retain all intellectual property rights in that Content subject to the licence granted by you to us pursuant to clause 4.2 below.
4.2 You represent and warrant that:-
(a) you are fully entitled to submit all Content;
(b) you are the sole owner of the Content or are otherwise authorised by the owner of the Content to post the Content on the LMH web site;
(c) the posting of the Content on the LMH web site will not violate the rights (including intellectual property rights) of any third party or any applicable laws;
(d) the Content will comply with these terms and conditions, including the Community Guidelines;
4.3 You grant us a non-exclusive, royalty-free, sublicensable, non-terminable, worldwide licence to copy, modify, distribute, show in public and create derivative works from the Content in any form, for any purpose, anywhere.
4.4 You authorise us to adapt the Content at our discretion, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the Content in question.
4.5 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the LMH web site (including but not limited to the LinkMyHome designs, text, graphics, pictures, information, applications, software and other files, and their selection and arrangement), save in respect of the Content, are owned by us and/or our licensors. You may not copy, distribute, show in public or create any derivative work from or use such material, or any other material which is found on the LMH web site unless by arrangement in writing with us.
5. Trade Marks
LinkMyHome and its accompanying logo are [registered] trademarks, copyright in which is asserted. You must not copy or otherwise use such marks without our prior written approval.
6. Member Conduct and Termination
6.1 The LMH web site is only for personal use of those who have registered with the LMH web site ("Members").
6.2 You must not use the LMH web site unlawfully, for any illegal purpose or in a manner that breaches these terms and conditions including the Community Guidelines.
6.3 You may not sell or trade in or display or distribute any personal data of any other Member, nor may you send unsolicited mail, advertising, spam, or junk mail to Members or harass or disturb them.
6.4 We reserve the right in our sole discretion, whether or not you are in breach, to suspend or terminate your access to the LMH web site or any part of it; and/or to remove, or require you to remove Content, if you or the Content appears to us, or to a complainant, to be in breach of any provision of these terms and conditions.
6.5 If your access has been suspended or terminated you may not re-register for, or re-access, the LMH web site without our prior consent.
6.6 You are responsible for everything which is done on or through the LMH web site while you are logged on to the LMH web site, or through any email address under your control.
6.7 You may terminate your account at any time without notice. If you do so, the terms of our Privacy Policy will continue to apply.
6.8 Where we reserve a right in these terms and conditions, it does not mean we are obliged to exercise it. Also, you acknowledge that given the open-access nature of the LMH web site, we cannot prevent determined people whose registration has been suspended or terminated from re-accessing or re-registering in breach of their obligations under these terms and conditions.
7. Creating a Member Account
7.1 The creation of member accounts and other functionality of the LMH web site is as appears from time to time on the LMH web site.
7.2 We reserve the right to add to or delete functions from time to time at our sole discretion and without notice, and to impose charges for any service provided.
8. Your Privacy
8.1 You give your consent to the way we may handle your personal data as detailed in our Privacy Policy.
8.2 All Members are able, upon logging in, to access your registration details and your contributions to Groups on the site and discussions within Groups, and you cannot restrict this.
8.3 You have the ability to control which other Members have access to the details of your property or properties you have uploaded, ("Property Information") by restricting access to friends within your account. Your Property Information will then be accessible only by Members which you choose to accept or invite as friends.
8.4 It is open to you at any time to delete any Member from your list of friends, in which case that Member will no longer have access to your Property Information if you have restricted access to such information to friends.
8.5 Your inbox and sent items will only be accessible only by you.
8.6 We may access and disclose all or any of the contents of your account if required to do so by law, or we reasonably believe we are under such an obligation, or to protect our own rights.
9. Alerting us and removal of Content
9.1 You acknowledge that we are not and cannot be held responsible for the Content or behaviour of other Members. We only provide a meeting place for those who are passionate about houses and wish to share their passion.
9.2 If you see anything on the Friends Reunited Service which appears to breach these terms and conditions in any way, then you should contact us about it using the "Report" function, or by emailing us at support@linkmyhome.com.
9.3 We may not monitor Content. Although we provide rules for Members' conduct and Content postings, we are not responsible for what Members post, transmit or share on the LMH web site and are not responsible for any inappropriate, obscene, offensive, unlawful or otherwise objectionable Content you may come across on the Site.
9.4 We may delete or remove any Content from the LMH web site, without notice and in our sole discretion, for any reason, including Content that we decide in our sole discretion breaches these terms and conditions including the Community Guidelines, or which might be inconsistent with the LinkMyHome brand values, which we determine from time to time in our sole discretion, or bring the LMH web site into disrepute. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Site or provide to us.
10. Third Parties
The LMH web site contains links to third party websites ("Third Party Sites").We have no control over the content of Third Party Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge that you access and use Third Party Sites from the LMH web site at your own risk.
11. Disclaimer, Release, Exclusion of loss and Indemnity
11.1 The LMH web site and the Content are provided "as-is" and we disclaim any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the LMH web site. We do not represent or warrant that the LMH web site or Content or materials on the LMH web site are accurate, complete, reliable, current or error-free or that the LMH web site or its servers are free of viruses or other harmful components. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material or data from or through the LMH web site at your own risk and that you will be solely responsible for your use of them and any damages to your computer system, loss of data or other harm of any kind that may result.
11.2 We accept no responsibility for the truth or accuracy of any material available on the LMH web site, whether provided by Members or others. Content and any other information and material available on the LMH web site is not intended to amount to advice on which anyone should place any reliance. We disclaim all liability arising from any reliance placed by any person (whether or not a Member) on material available on the LMH web site.
11.3 You should exercise no lesser degree of caution in appraising what you see on the LMH web site than you do offline.
11.4 You acknowledge that even though Members are prohibited from doing so, they may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you acknowledge that people may not necessarily be who they say they are.
11.5 In no event will we, or our directors, employees or agents be liable to you or any third party for any direct, indirect, special, consequential, exemplary or incidental loss or damage, or for any loss of data, profit, revenue or business, arising from your use of the LMH web site or Content, information or other materials on the LMH web site, even if we have been advised of the possibility of such loss or damages, save as provided by law.
11.6 We will also not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control.
11.7 You agree to indemnify and hold the owners of the LMH web site harmless from all loss, liabilities, claims, demands and expenses (including reasonable legal fees) made by any third party that may arise from any breach of these terms and conditions by you or through a machine on which you access the LMH web site or otherwise in relation to any Content you post or share on the LMH web site.
11.8 The terms of this paragraph 11 shall survive termination of your agreement with us.
12. Other terms
12.1 We reserve the right to assign our agreement with you which is subject to these terms and conditions, and to assign or subcontract any or all of our rights and obligations under such agreement. You may not without the written consent of LMH web site Friends Reunited assign or dispose of such agreement or any of your rights or obligations under it.
12.2 These terms and conditions and your registration information contain the whole of the agreement between us and you concerning the services provided in conjunction with the LMH web site.
12.3 No person who is not a party to the agreement between us and you has any right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
12.4 In the event that any term or condition is held to be invalid or unenforceable by judicial decree or decision, the remainder of these terms and conditions shall remain valid and enforceable.
12.5 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Italy.
You can contact us at any time on info@linkmyhome.com