Welcome to Homearts. Homearts is a social platform connecting home owners and home professionals into a new world of home design.
- Profile for Professionals. If you are a professional services provider, you may set up a Professional Profile. If you do, you give us the right to list your Professional Profile in our directory of service providers, and you will be able to connect with others on the Homearts platform while identified by your professional profile. Your professional profile is subject to our professional profile policy.
- Termination. Homearts holds the absolute right at its own discretion to permanently or temporarily suspend your use of the site or the service 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 Homearts policy. Upon termination of your use of the service, certain provisions will survive termination.
- Are contrary to Homearts's public image, goodwill or reputation.
- Promote any illegal activity or content, including without limitation child or animal abuse, violence, illegal drug use, and underage drinking.
- Infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- Express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance.
- Violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability.
- Are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene.
- Transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so.
- Restrict or inhibit any other visitor from using the Homearts platform, including, without limitation, by means of "hacking" or defacing any portion of the Homearts platform.
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Homearts platform.
- Remove any copyright, trademark, or other proprietary rights notices contained in the Homearts platform.
- Sublicense, sell, rent, lease, transfer, assign, or convey any rights under the terms to any third party, or otherwise commercially exploit or profit from the information or content of the Homearts platform, or any portion thereof, in any manner whatsoever, except as expressly permitted herein.
- "Frame" or "Mirror" any part of the Homearts platform without our prior written authorization.
- Distribute any virus, worm or other similar or deleterious files, scripts or programming routines.
- Interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Homearts or its licensors or suppliers.
- Involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Homearts Platform or in any way reproduce or circumvent the navigational structure or presentation of the Homearts platform or its contents, authentication and security measures.
- Forget headers or otherwise manipulate identifiers in order to disguise the origin of any submission.
- Execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Homearts platform's servers or any data not intended for you.
- Harvest or collect information about any Homearts platform visitors or members without their express consent; and/or
- Contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence.
- Definition of Your Content. The Homearts platform enables you to post material, including without limitation photos, profile pictures, messages, and commentary. You may also post reviews of third-party service providers, third-party products, or third-party services (“Reviews”). All material that you display on the Homearts platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Homearts platform, Your content may be viewed by the general public and will not be treated as private or confidential.
- License 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 license (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, 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 authorize 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 the applicable law. You further agree that we may use your content in any manner that we deem appropriate or necessary.
- 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 Homearts product 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 Homearts Business Purposes. “Homearts Business Purposes” means any use in connection with a Homearts-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Homearts platform, the services or the information it contains, Homearts, or its affiliates. Homearts business purpose specifically includes the use of your content on the Homearts platform in connection with features and functions offered by Homearts to our users that enable them to view and interact with your content.
- Reviews. Homearts may enable you to post reviews. Reviews are considered your content.
- The site is simply a channel for communication, where users can meet and interact with each other in order to buy and sell goods
- Homearts does not sell or purchase goods, and it can not be a party to any transaction and is not binding in any way whatsoever on behalf of any of the seller or purchaser who uses the site.
- Homearts does not guarantee that the buyer or seller will either accept the transaction or accept the seller to return or refund the price.
- You will not assume the responsibility of users for the content, verbs, reactions, goods or information they display
- Homearts is not responsible for the non-compliance or conclusion of a contract between (the users, nor is responsible for the transfer of legal ownership of the goods from the seller to the buyer). As the contract for the sale of any goods will be bilaterally between the seller and the buyer. HOMEARTS has no right, authority or interest in any goods, and HOMEARTS has no obligation or claims in respect of such goods for which a contract is made between the seller and the buyer.
- Homearts is not liable for any unsatisfactory or late performance by any of the parties, nor for any loss, malfunction or delay due to goods unavailable or delayed delivery.
- Homearts is not required to mediate or resolve any dispute or dispute between users.
- Homearts does not control and does not guarantee the quality, security and legitimacy of any advertised merchandise. It does not control the users' honesty in terms of contents and what they include in the description of their goods, nor in the ability of sellers to market their goods or the purchaser's payment of the goods.
- Homearts does not guarantee the quality, value or marketability of the products and it is the responsibility of the seller and buyer to check all goods before selling them
- Homearts is not a supplier or manufacturer of any kind of goods sold or purchased on the site.
- Homearts does not represent or guarantee the user's specifications for their legitimacy, credibility, and identity.
- Homearts is not responsible for the level of security of any links (link) outside the site and if the address of the link on the pages of Homearts displayed on the pages of third parties, and that Homearts does not guarantee the absence of viruses or any destructive means, you know and agree that Homearts is not responsible for the content or the presence of such sites.
- Users only have to agree between them on the terms, terms and conditions of delivery and payment, among themselves, since Homearts is not responsible for such arrangements, and only provides optional services for shipping and facilitating payment.
- Homearts does not accept any claims arising out of errors or omissions, whether obtained by third parties or third parties.
- You absolve Homearts and / or any of its officers and representatives of any claim, dispute, costs, damages, liability, and any direct loss to any party arising out of an act done by the users of the site and you specifically waive any claim in this regard show.
By posting a Review, you acknowledge and agree that:
i. You are not (a) a director, employee, officer, or principal (“Interested Party”) of the business whose products or services are the subject of the review, (b) an Interested Party of a competitor of the business or individual whose products or services are the subject of the review; or (c) related in any way to the business or individual whose products or services are the subject of the review; ii. Your review is based upon your first-hand experience with the products, or business or individual whose services, are the subject of the review; iii. Your review is accurate, truthful and complete;
iv. Your review does not violate any of our policies, including through libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene content; as determined by Homearts in our sole and absolute discretion; v. If you have received monetary compensation or other incentive to write and submit a review, it will be clearly and conspicuously stated in the text of your review, even if the amount or value of such incentive is small; vi. You will not use the posting or removing of your review to demand payment from any business or individual, except that bona fide refund requests made in connection with a bad customer experience are acceptable.
Our Content and Materials
- Definition of Our Content and Materials. All intellectual property in or related to the Homearts platform (specifically including, but not limited to our software, the Homearts marks, and the Homearts logo, but excluding your content), is the property of Homearts Ltd., its subsidiaries and affiliates or its licensors (“Our Content and Materials”).
- No Endorsement or Verification. Please note that the Homearts platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the Homearts platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Homearts platform by anyone.
- Restrictions. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit our content and materials without our express written permission. Homearts's permission to you for your use of the Homearts platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Homearts platform. You may view and print a reasonable number of copies of web pages located on the Homearts platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Homearts.
- Ownership. You acknowledge and agree that the Homearts platform and Homearts marks will remain the property of Homearts. The content, information and services made available on the Homearts platform are protected by international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Homearts platform.
Mobile Devices Terms
Reporting Violations of Your Intellectual Property Rights
We have adopted and implemented a copyright and trademark policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Homearts platform infringes your intellectual property rights, please read our copyright and trademark policy. We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.
Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HOMEARTS ENTITIES TO YOU.
THE “HOMEARTS ENTITIES” MEANS HOMEARTS LTD., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
a. WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE HOMEARTS ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. b. THE HOMEARTS ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, AND (iv) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE. c. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE HOMEARTS ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE HOMEARTS ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE HOMEARTS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
You will indemnify and hold harmless Homearts and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the indemnified parties, arising from or relating to your use of the Homearts, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.