Who can use it. Anyone over 18. Use of the Harmony Build & FixPlatform by anyone under 18 years of age is strictly prohibited. Additional requirements for use of Harmony Build & FixPro may apply as set forth in the Harmony Build & FixPro Terms and Conditions.
b. Creating an Account. Access to certain functionalities of the Harmony Build & FixPlatform will require you to sign up with us and to create an account on our Platform. If you create an account, you agree to provide us with accurate information and update your information, including updating the email address associated with your account, as needed for accuracy and notification. We will treat personal information you provide as part of creating an account in accordance with our Privacy Policy.
c. Termination. You may close your account at any time by going to account settings and deactivating your account. We may permanently or temporarily suspend your use of the Harmony Build & FixPlatform 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 Harmony Build & Fixpolicy (including the Acceptable Use Policy or Prohibited Products Policy). Upon termination of your use of the Harmony Build & FixPlatform or termination from an individual Harmony Build & Fixprogram, such as Harmony Build & FixPro, certain provisions will survive termination, as detailed in Section 12(j).
3. Your Content.
a. Definition of Your Content. The Harmony Build & FixPlatform enables you to post, upload, or otherwise submit materials, including without limitation photos, reviews, feedback (as explained below), profile pictures, ideabooks, messages, comments, proposals, invoices, to-do lists, notes, schedules, change orders, time and expense tracking, Room Boards and/or tear sheets. You may also post reviews of professionals, third-party service providers, third-party products, merchants, or third-party services. All materials that you post on the Harmony Build & FixPlatform or otherwise provide to Harmony Build & Fixwill be referred to collectively as “Your Content.”
b. Licence 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 licence (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, including in the event of termination of any applicable Harmony Build & Fixprogram or service, 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 or provide a picture or audio or video recording of yourself, you further authorise 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, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by 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 Harmony Build & Fixproduct 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 Harmony Build & FixBusiness Purposes. “Harmony Build & FixBusiness Purposes” means any use in connection with a Houzz-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Harmony Build & FixPlatform, the services or the information it contains, Houzz, or its affiliates. Harmony Build & FixBusiness Purpose specifically includes the use of Your Content on the Harmony Build & FixPlatform in connection with features and functions offered by Harmony Build & Fixto our users that enable them to view and interact with Your Content (such as Sketch, View in My Room and the embed tool).
d. Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content on the Harmony Build & FixPlatform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licences or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use 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 Harmony Build & Fix Acceptable Use Policy, Harmony Build & FixPro Terms and Conditions, Prohibited Products Policy, Copyright and Trademark Policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person, individual, or entity by reason of Your Content.
e. Limits. We reserve the right to remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy,Copyright and Trademark Policy, Harmony Build & Fix Pro Terms and Conditions, Prohibited Products Policy, or Review Policy) without notice. We do not guarantee that we will publish or remove all of Your Content.
f. Feedback and Reviews: We welcome your feedback and suggestions about how to improve the Harmony Build & FixPlatform. Feel free to submit feedback at https://help.houzz.com/s/?language=en_GB. All reviews provided for products, professionals, or other third parties via the Harmony Build & FixPlatform are also subject to Houzz’s Review Policy. For the avoidance of doubt, reviews and feedback are also Your Content. By submitting feedback or reviews in this or in any other manner to us, you 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, as further described in Section 3(b).