THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND NEWHOMEPAGE AND GOVERN USE OF AND ACCESS TO THE SERVICE AND SITE BY YOU AND YOUR AGENTS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE, BETA TESTING, FREE TRIAL, OR ANY OTHER USE OF THE SERVICE. By accepting these Terms, or by accessing or using the Service or Site, or authorizing or permitting any Agent to access or use the Service, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to NewHomePage that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms “Subscriber,” “You,” “Your” or related capitalized terms herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service. 1. DEFINITIONS When used in these Terms with the initial letters capitalized, in addition to the terms defined elsewhere in these Terms, the following terms have the following meanings: Account: means any accounts created by or on behalf of Subscriber or its Agents within the Service. Affiliate: means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person or Entity, whether through the ownership of voting securities, by contract, or otherwise. Agent: means an individual authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.
Profilesandfarms.com: means the NewHomePage ProfilesandFarm.com service, and the applicable Software, Service Data, updates, and documentation associated therewith. API documentation can be found at: http://profilesandfarm.com. API: means the application programming interfaces developed and enabled by NewHomePage that permits You to access certain data provided by the Service. API documentation can be found at: http://profilesandfarms.com. Confidential Information: means all information disclosed by NewHomePage to You which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to information relating to NewHomePage’s security policies and procedures, any scientific or technical information, invention, design, device, process, compilation of information, record, specification, procedure, formula, improvement, technology, code, software code, hardware or method, any concepts, reports, data, know how, works in progress, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, financial information, customer information, and trade secrets shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to You at the time of disclosure by NewHomePage; (b) is or becomes generally available to the public other than by violation of these Terms or another valid agreement between the Parties; (c) was or is independently developed by You without use of NewHomePage’s Confidential Information; or (d) is required to be disclosed pursuant to a valid court order, so long as it is disclosed under seal. Contracting Party: means NewHomePage , an Denver . Data on Demand: means the NewHomePage Data on Demand service, and the applicable Software, Service Data, updates, and documentation associated therewith. Directive: means Directive 95/46/EC on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data. Form: means any of our generated service order forms, statements of work, or agreements executed or approved by You with respect to Your subscription to a Service, which form may detail, among other things, the Service Plan applicable to Your subscription to the Service.
GDPR: means the General Data Protection Regulation. All references to GDPR come into effect on May 25, 2018. NewHomePage: means NewHomePage , an Denver limited company or any of its successors or assignees. NewHomePage Group: means NewHomePage , an Denver limited company together with all its Affiliates. Personal Data: means any information relating to an identified or identifiable natural person where an identifiable person is one who can be identified, directly or indirectly by the information. Platform: means any platform service provided to You by NewHomePage which You sign up to online through the self-service sign up functionality on the Site.
This definition excludes any professional services, Data on Demand, or enterprise services. Leadmarketer: means the NewHomePage LeadMarketer service, and the applicable Software, Service Data, updates, and documentation associated therewith. NHP Cloud: means the NewHomePage NHP Cloud service, and the applicable Software, Service Data, updates, and documentation associated therewith. API documentation can be found at: http://NewHomePage.com Service: means any service provided to You by NewHomePage, as applicable, that You have purchased or to which You have subscribed, whether made available to You on a trial, beta, free, or paid basis. Services include, but are not limited to NHP Cloud, ProfilesandFarms.com, Leadmarketer.com, Data on Demand, and all other NewHomePage products. Service Data: means all data received by You or Your Agents through a NewHomePage Service, including data received through software or an API, communications, or other materials stored or delivered through the Service. Service Plan(s): means the packaged service plan(s) and the functionality and services associated therewith for the Service, as applicable, to which You subscribe.
Site: means www.NewHomePage.com, as well as the other websites that the NewHomePage Group operates. Software: means software provided to You by NewHomePage (either by download or access through the internet) that allows You or Your Agent to use any functionality in connection with the applicable Service. Subscription Term: means the period during which You have agreed to subscribe to the NewHomePage Service. “We,” “Us” or “Our”: means NewHomePage. 2. GENERAL CONDITIONS: ACCESS TO AND USE OF THE SERVICE 2.1. Service Access During the Subscription Term and subject to compliance by You and Your Agents with these Terms, You have the limited right to access and use a Service consistent with the Service Plan(s) that You subscribe to. 2.2. License The Services are licensed, not sold, and NewHomePage retains and reserves all rights not expressly granted in these Terms.
You expressly acknowledge that NewHomePage retains all worldwide right, title and interest in and to the Services and Service Data, including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all applications therefor), and all proprietary rights under the laws of any jurisdiction. You agree not to do anything inconsistent with such ownership, including without limitation, challenging the validity of the licenses granted herein. 2.3. Ownership of Services NewHomePage owns all rights, title, and intellectual property in the Services.
The Services do not provide any copyright or permissions to You for any external use of the data received through the Services. All data presented by the Services is presented “as-is” and NewHomePage disclaims all warranties to the content, data, links, and information presented in the Services, including any warranties of merchantability, non-infringement, specifically non- infringement of copyright or other intellectual property rights, and fitness for a particular purpose.
NewHomePage grants You a limited, revocable, non-exclusive, non-transferable, and non-assignable license to access the Services in accordance with Your Service Plan and to make use of the data contained in the Services for intelligence gathering purposes.