Welcome to HomeIs. These terms are between you and Home Is Inc. and its corporate affiliates (“the Company” or “we,” “us,” “our”), for the use of the HomeIs.com website and its related iOS and Android apps (the “Platform”) and any current or future features, apps, tools or services offered through the Platform. By using the Platform, you signify that you have read, understand and agree to be bound by these terms (the “Agreement”).
All content on the Platform other than content posted by users of the Platform (“User Content”), including but not limited to design, text, graphics, images, underlying software (in both object and source code), video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “Company Content”), is the proprietary property of the Company or one of our advertisers, sponsors or partners (collectively, “Company Partners”). All rights reserved. None of the Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.
The trademark HomeIsTM and all other trademarks, logos, trade dress and service marks on the Platform are trademarks of the Company or a Company Partner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable Company Partner.
Our Platform allow you to post certain comments, reviews, photos, videos, addresses, or other materials within the Platform (e.g., through chat and forum functionality). By submitting comments, reviews, photos, videos, addresses, or other materials in any manner (“Your Content”), you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content through our Platform. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Platform (at which point such license will terminate within a commercially reasonable time after your request). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.
You acknowledge that we are an online service provider that may post User Content. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including content posted by our contributors or User Content, are those of the respective authors and not of Home Is Inc. or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Platform by anyone other than us.
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Platform retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.
You may use the Platform, and the Company Content therein, solely for personal uses and are expressly prohibited from utilizing the Platform or any Company Content for commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. You acquire no rights or licenses in or to the Platform or Company Content other than the limited right to utilize the Platform in accordance with this Agreement.
In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Platform (including any of its posting or chat features) or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform.
We have no tolerance for objectionable content or abusive users.
If you came across inappropriate posts, comments, people or content, report it immediately by using our report mechanism directly from Homeis app or by sending us an email to email@example.com.
We reserve the right to terminate your use of the Platform or any related website for violating any of the prohibited uses.
Without limiting anything herein, you agree to always interact with other users in a kind, respectful and truthful manner. You are solely responsible for your interactions with other users on our Platform and we strongly encourage you to do research before meeting with or consummating any transactions with any other users. If you are reviewing or recommending any business, you must tell the truth and not use it as a forum for harassment or false claims.
Each user of the Platform is responsible for his or her own behavior. If you have a dispute with another user and cannot work it out amicably, please understand that the Company cannot be responsible. Accordingly, to the maximum extent permitted by applicable law, you release the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you believe that any content, including User Content or other materials, posted on the Platform constitute an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: firstname.lastname@example.org
You acknowledge that you are 13 years of age or older. Users under the age of 13 are prohibited from using our Platform.
When you register for an account on the Platform, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and other account information. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify the us immediately if you suspect any unauthorized use of your account or access to your password. Without limiting the foregoing, you are solely responsible for any and all use of your account. Your username and password are not transferable.
You agree that all information you provide when establishing an account, including your name and address will be accurate.
We may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and your use of and access to the Platform, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of this Agreement, we may delete and/or store, in its discretion, data associated with your use of the Platform. We may also change, suspend, or discontinue any aspect of the Platform at any time, including the availability of any feature, database, or content.
The Platform is provided "AS IS, AS AVAILABLE" and without warranties of any kind. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL THE COMPANY, ANY COMPANY PARTNER, OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SERVICES OR ANY OF ITS CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO ANY CLAIMS ARISING FROM THIS AGREEMENT OR YOUR USE OF THE PLATFORM, IN NO EVENT SHALL THE COMPANY’S OR ANY COMPANY PARTNER’S LIABILITY EXCEED US$2,500.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions, or damages, so some of the above exclusions may not apply to you.
Links To Other Websites And Information About Other Products And Platform
Links found on the Platform, including through advertisements, reviews, sponsored content or User Content, may let you leave our Platform and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by the Platform to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their websites. You should carefully review their privacy statements and other conditions of use.
You agree to indemnify and hold Company, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of this Agreement and/or any activity under your account.
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules” ), as modified by this Agreement. Such arbitration shall occur in [New York, NY] and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of a legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of [New York] or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction located in [New York, New York] provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
Any cause of action you may have with respect to your use of the Platform must be commenced within one (1) year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
We make no representations or warranties that the Platform is appropriate or available for use in your country of origin. Visitors who choose to access the Platform do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
This Agreement is between you and Home Is Inc. only, not with Apple, Google, Facebook, or any other third party through which you may have accessed or downloaded the Platform (“Marketplaces”). The Marketplaces are not responsible for the Platform. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Platform. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the Platform infringe upon a third party’s intellectual property rights.
The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms to the Platform. When we post amended terms, we will include the date such amended terms were posted in the last line of this Agreement. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Platform after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.
The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, contact the Company at: email@example.com.
This Agreement is effective as of [1,11, 2017] and has not been modified since that date.