Terms of Service

The following terms and conditions govern your use of the Everybody Needs a Gnome website, all content, services, and products available through the Website, as well as the Home Gnome application for mobile devices (the App). The Website and App are owned and operated by Rouviere Media. The Website and App are offered subject to your acceptance of all of the following terms and conditions contained herein and all other policies (including, without limitation, Everybody Needs a Gnome’s Privacy Policy and procedures that may be published from time to time on this Website by Rouviere Media (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or continuing to use the Website or the App. By accessing or using the Website or App, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use the App. If these terms and conditions are considered an offer by Rouviere Media, acceptance is expressly limited to these terms.

Responsibility of Contributors

If you post material to the App, share with others material you add to the App, or otherwise make (or allow any third party to make) material available by means of the Website or the App (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio, video or website link, a photograph or any other form of media. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  • your content is not named in a manner that misleads anyone into thinking that you are another person or company.

Customer Support

Optional Support services may be provided by Rouviere Media under the terms and conditions for each such service. By submitting feedback, you agree to abide by such terms and conditions. Rouviere Media does not have any support obligations to you with respect to the Website and App.

App Updates

We may offer free updates to the App but we do not guarantee that any other releases of the App will be made available to you free of charge.

App Users’ Responsibility

Rouviere Media provides the App as-is and disclaims any responsibility for any harm resulting from the use of the App. You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party.

Unless permitted under applicable law, fair use rules or under this Agreement, you shall not (and shall not allow any third party to):

  • decompile, disassemble, or otherwise reverse engineer the App or Website, or try to discover any source code or underlying ideas or algorithms of the App or Website;
  • remove any product identification, copyright or other notices embedded within the App;
  • modify or create a derivative work of the App (except as otherwise expressly authorized by Rouviere Media in writing);
  • remove or export the App in violation of applicable laws or regulations;
  • relicense, provide, lease or lend the App to any third party;
  • copy the App or Website, or any portion thereof except as permitted under this Agreement; and
  • disclose any performance information or analysis from any source relating to the App or Website.

The App may make use of third party software components. Notwithstanding the foregoing, use of some third party software components included in the App may be subject to other terms and conditions.

Website Users’ Responsibility

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content with regard to the Website. The Website may contain content that is objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Rouviere Media disclaims any responsibility for any harm resulting from the use by the Website’s visitors, or from any downloading by those visitors of content posted on the Website.

Content on Other Websites

We have not reviewed, and cannot review, all of the material, including software, made available through the websites and webpages to which Everybody Needs a Gnome links, and that link to Everybody needs a Gnome or the App. Rouviere Media does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to one of these websites or webpages, Rouviere Media does not represent or imply that it endorses such website or webpage. Rouviere Media disclaims any responsibility for any harm resulting from your use of these external websites and webpages.

Copyright infringement and DMCA Policy

If you believe that material located on or linked to by our Website violates your copyright, you may notify Rouviere Media. Rouviere Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Intellectual Property

This Agreement does not transfer from Rouviere Media to you any Rouviere Media or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Rouviere Media. Rouviere Media, homegnome.rouviere.com, the Home Gnome logo, and all other trademarks, service marks, graphics and logos used in connection with the Website or App are trademarks of Rouviere Media or Rouviere Media’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website or App may be the trademarks of other third parties. Your use of the Website or App grants you no right or license to reproduce or otherwise use any Rouviere Media or third-party trademarks.

Ads

While we currently have no plans to do so, Rouviere Media reserves the right to display advertisements on your Content.

Attribution

Rouviere Media reserves the right to display attribution links such as “Created by Rouviere Media”, “Made by Rouviere Media”, or “©2019 Rouviere Media” in your content footer or toolbar. Footer credits may not be removed.

Changes

Rouviere Media reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website or App following the posting of any changes to this Agreement constitutes acceptance of those changes. Rouviere Media may also (but does not guarantee), in the future, offer new services and/or features through the Website or App (including the release of new tools, features and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

If you wish to terminate this Agreement, you may simply discontinue using the Website and delete the App and all copies thereof. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website and App are provided “as is”. Rouviere Media and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Rouviere Media nor its suppliers and licensors, makes any warranty that the Website or App will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, including the App.

Limitation of Liability

In no event will Rouviere Media, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: any special, incidental or consequential damages; the cost of procurement for substitute products or services; for interruption of use or loss or corruption of data; or for any amounts that exceed the fees paid by you to Rouviere Media. Rouviere Media shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that your use of the Website and App will be in strict accordance with the Rouviere Media Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and your use of the Website or App will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Rouviere Media, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or App, including but not limited to your violation of this Agreement.

Oct. 31, 2019

This website and the Home Gnome app were created with the Roboto font. See Apache License, Version 2.0.