Terms Of Service
Please read these Terms of Service (the “Terms”) carefully before using Homaeri.com (the “Site”) and/or the other products, applications, and services provided by Homaeri (collectively, the “Services”). Homaeri will be referred to “Homaeri,” “we,” or “us” throughout these Terms. By using or accessing the Services (even just browsing our website), you agree to be bound by all the terms and conditions. If you don’t agree to all the terms and conditions, please do not use the Services.
USE OF THE SERVICES
We only permit individuals who are at least 13 years old and can form legally binding contracts with us to use the Services, provide any personal information to Homaeri, or otherwise submit personal information through the Services. Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these terms, so please provide accurate information about yourself. Homaeri may still refuse to let certain people access or use the Services. Homaeri may also change its eligibility criteria. Further, we offer the Services only for personal use, and not for the use or benefit of any third party.
You have to be at least 13 years old. No exceptions. Use Homaeri as much as you want, but you’re not allowed to resell the products purchased, or other information obtained, through the Services.
Most of Homaeri’s Services can be maneuvered without creating a user account (an “Account”). Other features, though, may require you to create an Account. If you do create an Account, you agree to provide Homaeri with accurate, complete, and updated registration information. You are solely responsible for any activity that occurs through your Account. This means you should not: (1) share your Account information; (2) use another person’s Account or registration information for the Services without permission; (3) create a username that is otherwise offensive, vulgar, or obscene; (4) let someone else use your Account without permission; or (5) publish, distribute, or post login information for your Account. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. We understand that your road may take you away from Homaeri for various reasons. If it does, you can delete your Account by emailing us at firstname.lastname@example.org.
If you create an account, be responsible and keep the login information secret. You’re responsible for anything that happens using your account.
CONTENT AND USER CONTENT
- Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
We use the word Content to describe any media posted to the site.
- User Content. The term “User Content” means all Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted. Users retain ownership and/or other applicable rights in User Content. Homaeri and/or third parties retain ownership and/or other applicable rights in all Content other than User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from accessing Content.
User Content is anything that you or other users post. You continue to own your own content.
- Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
If we tell you how you can use Content, you will need to respect those restrictions.
- Permitted use of materials on Homaeri. The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organization aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent. Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website. You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent. Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.
- for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
- for any fraudulent purposes whatsoever;
- to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;
- to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
- to communicate with, harm or attempt to harm children in any way; or
- You must not submit to us any personal information about you if you are under the age of 18, or about any other person who is either:
- under the age of 18; or
- if they are aged 18 or above, where you have not received their prior written consent to submit personal information about them to us.
- User Content License Grant to Homaeri. When you submit, distribute, transmit, or post any communications or any other material to Homaeri (either through the Services or through our pages on third party sites, such as but not limited to Instagram, Twitter and Facebook), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Homaeri to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sub licensable, fully paid and royalty-free and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing and marketing products. In addition to giving Homaeri a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sub licensable, fully paid and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt and promote such submissions, including after any termination of your Account. For clarity, we want you to know that this license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
- Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Homaeri does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Homaeri makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by Homaeri. Your linking to this web site, off-site pages or other sites is at your own risk and without the consent of Homaeri.
Although links to third party websites or resources (Third Party Sites) may be found on this domain (https://www.homaeri.com) Homaeri cannot be held reliable for any content, material, products, advertising or any other dangerous/harmful materials found within/upon entry to such Third Party Sites. Homaeri does not assume liability or the responsibility for actions, product and content of the Third Party Sites. By linking to a third party website, this does not imply, nor does it indicate any form of partnership between the third party site and Homaeri. In a situation where you deem a third party website as potentially harmful, you are encouraged to contact us and also read any security/privacy policies provided at the third party website.
We hope this never happens, but if Homaeri gets sued because of something that you did, you agree to indemnify us. That means you’ll defend Homaeri (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
LIMITATION ON LIABILITY
IN NO EVENT WILL HOMAERI OR ANYONE REPRESENTING HOMAERI BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR HOMAERI’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
BILLING & PAYMENT
Certain of our Services or product offerings may be subject to payments of fees (the “Paid Services”). You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
- When you pay for something, Homaeri uses a third-party payment processor (the “Payment Processor”) to charge your payment account that you specify (e.g. credit card, etc). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
- to reflect any changes in the way we carry out our business;
- to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;
- to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
- to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.