in-house (us/we)|org 2.0

terms of service

Last Updated on June 1, 2022

These terms and conditions are effective immediately for those registering accounts after June 1, 2022 and will become effective June 1, 2022 for those with pre-existing accounts.

These terms and conditions, which we refer to as the "Terms," govern your access to and use of the website and mobile applications of Minklist Digital, Inc dba In-house.com, that link to or reference these Terms, which we refer to collectively as the "site." By accessing or using the site, you are agreeing to the Terms and concluding a legally binding contract with Minklist Digital, Inc, which we refer to as "Minklist," "In-House," "we", "us" or similar terms, a registered New York State corporation headquartered in Brooklyn, New York.

YOU SHOULD NOT ACCESS OR USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS.
  1. Changes to the Terms of Service

    We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. The most current version of these Terms will be located here . You, as a user or one who otherwise accesses, browses, crawls, scrapes, or in any way uses the Site, understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms.

    You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

  2. Using the Site
    1. Eligibility

      To access or use the site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. You may not access or use the site if you are a competitor of ours or if we have previously banned you from the site or closed your account.

    2. Permission to Use the Site

      We grant you permission to use the site subject to the restrictions in these Terms. Your use of the site is at your own risk, including the risk that you might be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication, which we refer to as "Content," that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

    3. Site Availability

      The site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

    4. Authentication

      The site does not require a registered account for a user to participate. Instead we use a simple device authentication to recognize the same user to manage their preferences and voting history.

      The process is as follows: A user visits In-House on the web, Android, or iOS. We call this the client (or front-end). If you are a returning user, you will have a unique User ID (called a token) within a cookie or within your device's local storage, stored on the site's client side. The site's client side makes a request to our site's server side (or back-end) to pass along this token. The server checks the database for a corresponding voting account for this token. This authenticates the user's device (absent of any corrupt obfuscation). Given authentication, the site's server-side can validate if a user has certain rights, for example - if they are an insider of a certain house. This is called authorization. If the token is invalid, or if it is a new user (who does not have a token), then the server will generate a new account and send a new token to the user's device for the client side to save.

      If a user disables cookies or local storage on their device, the site will function as is, but as soon as the user closes their session (closes the app / closes the browser window), then that user will be forgotten.

    5. Registered User Accounts

      You must create an account and provide certain personal information about yourself in order to use some of the advanced features that are offered through the site. This personal information may include -


      • legal name
      • date of birth
      • e-mail address
      • phone number
      • device ID

      This listing of personal information is subject to change (whether through addition or removal) at any time; in-House will make the user aware of changes of this nature through either the in-House interface or other means of notifications in addition to changes to this document.

      If you choose to register an account with personal metadata, you are responsible for maintaining the confidentiality and password for your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

      Your personal account, if you choose to register one, is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the site. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

    6. Communications from in-House

      By creating a registered personal account, you agree to receive certain communications in connection with the site.

  3. Context
    1. Responsibility for Your Views and Information

      You alone are responsible for the information, including ratings, votes, reviews, feedback, statements, and photographs that you publish on the site and once published, it cannot be withdrawn so you assume all risks associated with this information, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information that makes you personally identifiable.

      You may expose yourself to liability and cause your identity to be searched for and revealed if, for example, the information you publish on the site contains material that is false, intentionally misleading, defamatory, is considered unjust or damaging to another party in any way; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

    2. Our Right to Use Your Content

      We may use the information you publish on the site in a number of different ways, including publicly displaying it, including it in compiled ratings, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. With that acknowledgement, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use any information you publish on the site for any purpose. Please note that you also irrevocably grant the users of the site and any other media contemplated in this paragraph the right to access the information you publish on the site in connection with their use of the site and any other such media. Finally, you irrevocably waive, and cause to be waived, against in-House and its users any claims and assertions of moral rights or attribution with respect to such information. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of the information you publish on the site.

    3. Ownership

      As it pertains to content created by you for in-House, once voluntarily published for private and/or public disclosure by you, you will relinquish all ownership of information you publish on the site. We will own all content created on the site whether by us, you, or other parties, including but not limited to text, images, photos, audio, video, location data, and all other forms of data or communication that we create and make available in connection with the site, which we refer to as the "in-House Content." The in-House Content also includes (but is not limited to) visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of content from our users and other content on the site, computer code, products, software, aggregate user review ratings, and all other elements and components of the site excluding the information you publish on the site, content published on the site by other users and by other third parties. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the in-House Content and the site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the in-House Content in whole or in part except as we expressly authorized you to do. With the exception of any express and unambiguous rights provided in this paragraph, we do not grant you any express or implied rights, and all rights in and to the site and the in-House Content are retained by us.

    4. Advertising

      in-House and its licensees may publicly display advertisements and other information adjacent to or included with the information you publish on the site. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.

    5. Acknowledgement of Review Process, Ratings and Meaning.

      As a user of the site, you acknowledge that "insider" reviews on the site (i) do not necessarily represent the exclusive views of any particular group, such a particular business' employees and (ii) are merely the collective opinions of users who have been able to answer the "#1 MINK" (aka "Insider Password Question") as of any given time. In addition, as a user of the site, you acknowledge that vote & rate calculations and criteria are subject to change without notice.

    6. Other

      Content published by users on the site (including any that may have been created by users employed or contracted by us) does not in any way reflect the opinions of in-House. We reserve the right to remove, screen, edit, or reinstate such content from time to time at our sole discretion for any reason or no reason and without notice to you or any other party. We have no obligation to retain or provide you with copies of any information you publish on the site, nor do we guarantee any confidentiality with respect to such information.

  4. Restrictions

    We are under no obligation to enforce the Terms on your behalf against another user. Although we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action -- or to elect not to take any action -- at our sole discretion.

    1. You agree not to, and will not assist, encourage, or enable others to use the site to -

      • Violate our policies, guidelines or principles by, for example, writing a fake or defamatory review, employing multiple accounts to attempt to influence reviews or ratings, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review or otherwise attempt to influence a user's reviews or ratings;

      • Violate in-House's rights, including any breach of confidence, copyright, trademark, patents (specifically including U.S. Patent No. 8,904,502), trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

      • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

      • Promote a business or other commercial venture or event, or otherwise use the site for commercial purposes, except as expressly permitted by Minklist Digital Inc;

      • Send or create: bulk emails, surveys, machine-generated content or data, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the site's content, search results or any third party website;

      • Solicit personal information from minors, or submit or transmit pornography; or

      • Violate any applicable law.

    2. You also agree not to, and will not assist, encourage, or enable others to -

      • Violate the Terms;

      • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the site or its content (other than the content you provide), except as expressly authorized by Minklist Digital Inc;

      • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the site or any content on the site;

      • Reverse engineer any portion of the site;

      • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site or on any materials printed or copied from the site;

      • Access, retrieve or index any portion of the site for purposes of constructing or populating a searchable database of business reviews;

      • Reformat or frame any portion of the site;

      • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Minklist's technology infrastructure or otherwise make excessive traffic demands of the site;

      • Attempt to gain unauthorized access to the site, user accounts, computer systems or networks connected to the site through hacking, password mining or any other means;

      • Use the site or any content on the site to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;

      • Use any device, software or routine that interferes with the proper working of the site, or otherwise attempt to interfere with the proper working of the site;

      • Use the site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the site or its content; or

      • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the site, features that prevent or restrict the use or copying of content on the Site, or features that enforce limitations on the use of the site.

  5. Guidelines and Policies
    1. Privacy

      You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as (without limitation) a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

    2. Copyright And Trademark Disputes; DMCA Copyright Policy
      1. Reporting Copyright Infringement - If you believe content posted on the Site infringes a copyright that you own or for which you are an agent, you may send a notice of infringement pursuant to the Digital Millennium Copyright Act, also known as the "DMCA"http://www.loc.gov/copyright/legislation/dmca.pdf, containing the following information -
        1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
        2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
        3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
        4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
        5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
        6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

        Send your notice to the designated Copyright Agent -

        • Copyright Agent
        • Minklist Digital, LLC.
        • 257 Grand Street (ste 85)
        • Brooklyn NY 11211

        You acknowledge that, if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

      2. Counter-Notice - If you believe you are the wrongful subject of a DMCA notice, you may send a counter- notice containing the following information to the Copyright Agent (at the address above):
        1. Your physical or electronic signature;
        2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
        3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
        4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the Southern District of New York, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.

        Upon receipt of a valid counter-notice, we may send a copy of it to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files a legal action relating to the allegedly infringing material, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

      3. Account Termination Policy - We will terminate a user's access if, under appropriate circumstances, the user is determined to be a repeat infringer. We reserve the right to decide whether content violates these Terms for reasons other than copyright infringement, such as (but not limited to) other intellectual property violations, pornography, obscenity and other distasteful or offensive material. We may at any time, without prior notice and in its our discretion, remove such content and terminate a user's account for submitting such material in violation of these Terms.
  6. Suggestions and Improvements

    By sending us any ideas, suggestions, documents or proposals, all of which we refer to as "Feedback," you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against in-House and its users any claims and assertions of any moral rights contained in such Feedback.

  7. Third Parties

    The Site may include links to other websites or applications. We do not control or endorse any of those websites or applications. You agree that we are not responsible for the availability or contents of those websites or applications and that your use of them is entirely at your own risk. Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures.

  8. Indemnity

    YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MINKLIST, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ANY RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM, WHICH WE COLLECTIVELY REFER TO AS THE "MINKLIST ENTITIES", HARMLESS, INCLUDING COSTS, LIABILITIES AND LEGAL FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF OR RELATING TO (I) YOUR ACCESS TO OR USE OF THE SITE, (II) YOUR VIOLATION OF THE TERMS OR (III) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. MINKLIST RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY SUCH MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF MINKLIST. MINKLIST WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.

  9. Disclaimers and Limitations of Liability

    PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE MINKLIST ENTITIES TO YOU. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH AN ATTORNEY PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

    1. Disclaimer of Warranties.

      THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION AND MATERIALS, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

      You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site. Without limiting the foregoing, you will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of your use of the Site.

    2. Third Parties.

      THE MINKLIST ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE MINKLIST ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE MINKLIST ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE MINKLIST ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

    3. Limitation of Liability.

      TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL THE MINKLIST ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE OR OUR REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES, AS A RESULT OF WHICH SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY DIRECT DAMAGES, WHETHER A CAUSE OF ACTION MAY BE IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE, ARISING FROM THE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, OUR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT OR $100.00, WHICHEVER IS LESS.

  10. Termination

    You may terminate the Terms at any time by closing your account and discontinuing your use of the site. Please review our Privacy Policy for information about what we do with your account when terminated. We may close your account, suspend your ability to use certain portions of the site, and/or ban you altogether from the site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the site, any information you published on the site or any other related information.

    In the event of any termination of these Terms, whether by you or us, Sections 3, 4, and 7 - 10 will continue in full force and effect, including our right to use information you published on the site as detailed in Section 3 above.

  11. General Information

    We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except as otherwise stated in Section 9.B. above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You consent to jurisdiction of the state and federal courts located in New York, New York for enforcement of these Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any claim or cause of action you may have with respect to us or the Site must be commenced within one year after the claim or cause of action arose. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign any of your rights or obligations under these Terms without our prior, express written consent. These Terms inure to the benefit of our successors, assigns and licensees. The Terms constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that are applicable to certain parts of, or services offered on, the Site.