Terms of Service
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You") and DeMun's Homestead. By using the https://demunshomestead.com/ ("Site") website, sub-domains and/or data, You acknowledge that You have read, understand, and agree to be bound by all the terms and conditions of this Agreement, along with any new, different, or additional terms, conditions, or policies which DeMun's Homestead may establish from time to time. IF YOU DO NOT AGREE WITH ALL TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
You agree that DeMun's Homestead may modify this Agreement from time to time. For the most current version of this agreement, refer to DeMun's Homestead's website. DeMun's Homestead may also discontinue services it provides under this Agreement. You agree to be bound by any changes DeMun's Homestead may reasonably make to this Agreement when such changes become effective.
1. FEES
As consideration for the services purchased by You and provided to You by DeMun's Homestead, You agree to pay DeMun's Homestead a monthly fee. Your monthly billing date will be on the 1st of each month. Payment is due by the 5th or it will be considered late. Payment is to be made by You providing a valid credit card payment via our third party service provider Stripe. As we provide all services and data in good faith, all payments are nonrefundable. If for any reason DeMun's Homestead is unable to charge your credit card with the full amount of the service provided, or if DeMun's Homestead is charged back for any fee it previously charged to the credit card You provided, You agree that DeMun's Homestead may pursue all available remedies in order to obtain payment.
You agree that You will be responsible for cancelling any automatic payments to DeMun's Homestead should you desire to terminate Your use of DeMun's Homestead's services. In the absence of notification from You, DeMun's Homestead will automatically continue services indefinitely and will bill your or charge your credit card You have on file with DeMun's Homestead at DeMun's Homestead's then current rates. It is Your responsibility to keep your credit card information current, including the expiration date. Contact our support if you need assistance with stopping services and discontinuing automatic payments.
2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as long as DeMun's Homestead is providing services to You.
You agree that DeMun's Homestead may modify this Agreement from time to time. For the most current version of this agreement, refer to DeMun's Homestead's website. DeMun's Homestead may also discontinue services it provides under this Agreement. You agree to be bound by any changes DeMun's Homestead may reasonably make to this Agreement when such changes become effective.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
3. DESCRIPTION OF SERVICE
DeMun's Homestead currently provides guidance on home gardening, DIY project builds and animal care to its customers free of charge, and provides various premium services for a monthly fee. By using our services, You abide by the terms and conditions set forth herein and in each of DeMun's Homestead's policies and procedures. You are responsible for ensuring that Your personal profile conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by DeMun's Homestead. Both You and DeMun's Homestead acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, DeMun's Homestead can make no guarantee that any given visitor shall be able to access DeMun's Homestead's server at any given time.
DeMun's Homestead shall make ever effort to ensure all data is complete and current.
DeMun's Homestead makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. DeMun's Homestead also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by You, including loss of data or profits resulting from delays, non-deliveries, or service interruptions by any cause or errors or omissions of You. Use of any information obtained by way of DeMun's Homestead is at Your own risk, and DeMun's Homestead specifically denies any responsibility for the accuracy or quality of information obtained through its services.
4. YOUR OBLIGATIONS
You agree that You have provided accurate, current and complete information in the application process and that You will notify DeMun's Homestead within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by DeMun's Homestead to determine the validity of information provided by You, will constitute a material breach of this Agreement.
To access premium services, you are required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. Each account may be used by a single user. The only exception is the use of the website by two people in within one household. We do monitor activity and do track IP addresses used by each user. We reserve the right to terminate an account without refund if we believe access is being shared with other non-familial users and determine this is causing a security issue or breach in terms of service for custom services.
If You provide any information that is inaccurate, not current, false, misleading, incomplete, or if DeMun's Homestead has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading, malicious, criminal, or incomplete, DeMun's Homestead has the absolute right, in its sole discretion, to terminate all services and close Your account. We reserve the right to modify, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, trying to impersonate a known user from another platform, or is otherwise objectionable.
You agree to access all data provide by DeMun's Homestead on the DeMun's Homestead website or mobile app. Any attempt to scrape data from the website will result in the closure of your account and blocking of your IP address. By using DeMun's Homestead's services, You agree to not access the Site through automated or non-human means, whether through a bot, script, or otherwise. Photos, images, and screen captures may be used in personal posts on social media and communications with others as long as they are not used in a negative or harmful manner. Photos, images, and screen captures may not be used on competing websites, videos, social media, or email marketing.
You are responsible for and must provide all telephone, computer, hardware, and software equipment and services necessary to access DeMun's Homestead's servers. DeMun's Homestead makes no representations, warranties, or assurances that Your equipment will be compatible with DeMun's Homestead servers.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. If You choose to access the Site from other locations, You are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
5. DeMun's Homestead'S RIGHTS
DeMun's Homestead explicitly reserves the right and sole discretion to: a. Censor any web user on our servers that, in DeMun's Homestead's sole discretion, is deemed inappropriate; b. Review every account for excessive IP address changes, usage of space, or bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your service for improper use items in Section 4; nonpayment of monthly fees; and other activities whether lawful or unlawful that DeMun's Homestead determines to be harmful to its other customers, operations, or reputation; e. Terminate Your service if the contents of Your profile result in, or are the subject of, legal action or threatened legal action, against DeMun's Homestead or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
You agree to indemnify and hold harmless DeMun's Homestead for any complications arising out of Your use of DeMun's Homestead's services, including actions DeMun's Homestead chooses to take to remedy Your improper or illegal use of the DeMun's Homestead services. You agree You will not be entitled to a refund of any fees paid to DeMun's Homestead if, for any reason, DeMun's Homestead takes corrective action with respect to Your improper or illegal use of its services.
We reserve the right, but not the obligation, to monitor the Site for violations of these Terms of Use, take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities, and in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
6. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, DeMun's Homestead is our proprietary property and all source code, databases, functionality, software, website and other designs, audio, video, text, photographs, layouts and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to DeMun's Homestead, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. All Content is provided on the Site “AS IS” for personal use only. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, publicly displayed, encoded, translated, uploaded, posted, transmitted, distributed, sold, resold, licensed, or otherwise exploited for any commercial or for-profit purpose whatsoever, without our express prior written permission.
7. PROHIBITED ACTIVITES
You may not access or use DeMun's Homestead.com for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user or visitor of the Site, you agree not to:
- Automate or manually scrape, download, or compile content from the Site without written permission from DeMun's Homestead.com.
- Circumvent, disable, or otherwise interfere with security-related features of the Site.
- Embed the Site within another website or application via iFrame or other code or processes.
- Delete watermarks, copyright, or other proprietary rights notices from any Content.
- Sell or otherwise transfer your profile.
- Attempt to impersonate another user or use the username of another user.
- Enter the social media contact information of another user into your personal profile details.
- Use inappropriate or harmful languange in your personal profile details.
- Trick, defraud, or mislead DeMun's Homestead or other users, especially in any attempt to learn sensitive account information such as user passwords.
- Attempt to capture login details of other users or hack via brute force or other methods any user or management account.
- Use any information obtained from the Site in order to harass, abuse, threaten, or harm another person.
- Make any unauthorized use of the Site, including collecting usernames, email address, social media or other personal details of users for the purpose of sending unsolicited messages, using the data for identity theft, or creating user accounts by automated means or under false pretenses.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material including pornography , that interferes with any party's uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees, clients, or agents.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Use the Site to advertise or offer to sell goods and services apart from NFTs you personally own.
- Use the Site, content, data, processes, or services as part of any effort to compete with DeMun's Homestead.com.
- Copy or adapt the Site’s software, including but not limited to website/software code/scripting, graphics, user posts, or other content.
- Use the Site, content, data, processes, or services for any revenue generating endeavor or commercial enterprise or use it in a manner it was not intended.
8. USER GENERATED CONTRIBUTIONS
The Site may offer an opportunity for users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. This content includes, but is not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites with our permission. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your contributions in any manner contemplated by the Site and these
Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
- Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
9. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. This includes comments, questions, suggestions, ideas, feedback, or other information submitted via a web form, email, or social media channels. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
10. DISPUTE RESOLUTION POLICY
You agree to be bound by DeMun's Homestead's current Dispute Resolution Policy.
You agree that if a dispute arises as a result of any services DeMun's Homestead is providing You, You will indemnify, defend and hold DeMun's Homestead and all employees, clients, and agents harmless for damages arising out of such dispute. You also agree that if DeMun's Homestead is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding services or content provided by DeMun's Homestead, that DeMun's Homestead, in its sole discretion, may take whatever action DeMun's Homestead deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
11. LIMITATION OF LIABILITY
You agree that DeMun's Homestead's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by DeMun's Homestead to You under this Agreement, and for any breach of this Agreement by DeMun's Homestead, shall be limited to the fees You paid to DeMun's Homestead for services. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of a domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
12. INDEMNITY
You agree to release, defend, indemnify and hold harmless DeMun's Homestead and its contractors, agents, employees, offices, directors, shareholders, ciients, and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with DeMun's Homestead and/or Your use of the services or content provided by DeMun's Homestead.
13. DISCLAIMER OF WARRANTIES.
DeMun's Homestead EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. SEVERABILITY
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
15. TRANSFER
You may not transfer this contract without the written consent of DeMun's Homestead.
16. NOTICES
You agree that all notices (except for notices concerning breach of this Agreement) from DeMun's Homestead to You may be posted on our web site. Notices concerning breach will be sent to the email address you have on file with DeMun's Homestead. Delivery shall be deemed to have been made five (5) days after the date sent. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by You upon Your next payment as specified in Section - Fees.
Notices from You to DeMun's Homestead shall be made by email, sent via the contact form on the https://demunshomestead.com/ website.