Effective January 10, 2019.
This document is a legal agreement between Home3ds.com Ltd and business or individual. The client/individual is subject to the following terms and conditions:
This Terms and conditions (“Terms”) document is an agreement you must accept in order to use any services (“Service”) of Home3ds.com. “You” refers to the individual who registered and/or provided in the Home3ds.com website his or her credit card or other payment mechanism for the Service or, if the Service is purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such entity, then “You” refers to such entity. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In that case, the terms “you” or “your” shall also refer to such entity, its staff and its affiliates, as applicable.If you do not accept these Terms or such policies or guidelines, you may not use the Service.
You acknowledge that this document is a contract between you and Home3ds.com, even though it is electronic and is not physically signed by you and Home3ds.com.
Violation of any of the terms of service may result in the termination of your account.
The Service means all of the Home3ds.com products, deliverables, features, applications, services, technologies, and software that we provide. The contents of the Service may change from time to time without prior notice. Home3ds.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Home3ds.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service
3. OWNERSHIP & COPYRIGHTS
3.1 Information you provide us:
By using the Service you shall submit us information to which you shall maintain ownership, but you give us an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, modify, reproduce, display, publicly perform, transmit and distribute any such material, without any payment or accounting to you or others. In case Information you submit to us contains personal data, we shall process it in accordance with our privacy notice and privacy legislation.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves, or that you have permission to use them.
When you pay for a project, copyright is automatically assigned as follows:
- You own the content we return to you for this project. We’ll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.
- You also own text content, photographs and other data you provided, unless someone else owns them.
You agree to allow us the right to display and link to images, both supplied and completed as part of our portfolio and to write about the project on websites, in magazine articles, email marketing, advertising and in books or print media
These Terms do not grant you any rights to use the Home3ds or other trademarks, logos, domain names, or other brand features whether registered or unregistered. You may not reproduce, download or otherwise use any such trademarks, logos, domain names, or other brand features (other than included in Deliverables or needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof.
4.PAYMENT & BILLING
To the extent you purchase any Deliverables and/or Services from Home3ds, you agree to pay for all goods and services ordered from Home3ds except as set forth in a writing signed by an authorized representative of Home3ds.
You shall provide Home3ds with valid and updated credit card or approved purchase order information and with Home3ds and accurate billing and contact information. If you provide credit card or other authorized payment method information to Home3ds, you authorize Home3ds, or a payment processor of its choosing (currently, Paypal) to bill such credit card or to make such charges as applicable. If Home3ds, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, Home3ds will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced hereunder shall be due within two weeks (14) days of the date of the invoice.
We may delay the delivery or terminate the agreement or change the Service and shall not be liable for delay or damage due to reason beyond our control, which we could not have reasonably taken into account at the time of conclusion of the agreement or consequences of which we could not reasonably have avoided or overcome. We shall without delay inform you of a force majeure event and the termination of such force majeure event.
These Terms comes into force when they have been published. These Terms shall apply to the Service as long as you use the Service. We may terminate these Terms and the agreement with you immediately if (i) you or your property has been ordered to be released in bankruptcy or liquidation, or (ii) you breach these Terms and have not remedied such breach within thirty (30) from the notice of such breach
7.DISCLAIMER; limitation of liability
Disclaimer. Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the Service by you constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of our Service and the Internet. ANY AND ALL SERVICES PROVIDED BY US TO YOU ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF OUR WEBSITE OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE, THE SERVER(S) ON WHICH OUR WEBSITE IS HOSTED OR OUR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the Service, including but not limited to claims relating to faulty, malfunctioning or inoperable Service.
Limitation of Liability. IN NO EVENT WILL WE NOR ANY OF OUR AFFILIATES, LICENSORS SUPPLIERS OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“INDEMNIFIED PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL INDEMNIFIED PARTIES COLLECTIVELY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR use OUR WEBSITE OR OUR MATERIALS. YOUR USE OF OUR WEBSITE AND ANY MATERIALS PROVIDED THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. You acknowledge that the limitations of liability in these Terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the Service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.
Errors. A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website’s completeness or correctness is in question, please contact us via our contact information provided on our “Support” page of the website with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our website.
If you have any questions regarding this Agreement or if you wish to discuss the terms of service contained herein please contact Home3ds.com via email address: firstname.lastname@example.org