BY USING THE SERVICES (AS DEFINED BELOW) YOU ACCEPT THE SUBSEQUENT TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS EXPRESSED HEREIN, PLEASE DO NOT USE THE SERVICES.
1. ACCEPTANCE OF TERMS
2.1 Access the Services with limited license
Subject to the terms and conditions declared herein, HomeBest.co hereby grants you, and you accept, a personal, non-transferable, revocable, nonexclusive, non-assignable, non-sublicensable, limited license to access and make private non-commercial use of the Services, only in accordance to the details of these Terms. The license will be granted until terminated in agreement with the terms concerned.
2.2 Limitations on use
You may commence to use the Services exclusively for your own personal and non-commercial use and for no other intention whatsoever. You hereby affirm that you are eighteen (18) years of age or older. Except as expressly granted herein, you agree not to:
- License (or sub-license), lease, sell, assign, transfer and/or pledge any of your privileges under these Terms with or to any third party;
- Distribute, scrap, transfer or copy all or any portion of the Services and/or the HomeBest.co IPR (as discribed below) and/or use any of the Services as a service bureau;
- Specify the Services by use of framing and/or deep-linking;
- Exploit the Services in any jurisdiction where same are illegal or which would subject HomeBest.co or its affiliates to any registration condition within such area of authority or country;
- Promote, facilitate, encourage, use, or or instruct others to use the Services for any criminal, harmful or objectionable use;
- Upload or transmit any viruses, spyware or other harmful, violating, illegal, destructive or disruptive content, communications or files;
- Connect to the Services through, or use with the Services any, unauthorized methods, services or tools, including and without limitation, any robots, data mining, or comparable automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-implementation of any parts of this Services;
- Publish, send, distribute, or facilitate the sending of any spam, advertisements, inappropriate, inaccurate, misleading, defamatory, fraudulent, libelous,threatening, offensive, abusive or otherwise unlawful content or content that encroaches Intellectual Property Rights (as characterized below) of third parties or their privilege of privacy;
- Modify, copy, translate, decompile, disassemble or reverse engineer, (save the extent applicable laws prohibit such restriction), make any effort to uncover the source code of the Services and/or any other software accessible on the Services or create copied works thereof;
- Attempt to obtain private or personal information from other users in any mode or manner whatsoever;
- Attempt to impede, hack into or decode any transmissions to or from the servers for the Service.
- You are wholly responsible for obtaining, repairing, maintaining and paying for all the software, hardware, equipment and services necessary for gaining access to and using the Services.
3. SUBMITTED MATERIALS
3.1 Submitted materials
You shall have sole accountability and liability for Submitted Materials (as characterize below). HomeBest.co shall not be liable for all or any components of the Submitted Materials and will be designated, under its sole judgement, to edit or remove any of the Submitted Materials at HomeBest.co's exclusive discretion and without announcement or clarification. NOTHING IN THESE TERMS REQUIRES HomeBest.co TO PUBLISH YOUR SUBMITTED MATERIALS OR TO USE IT IN ANY OR ALL CERTAIN MANNERS . Please notice that any and all of your Submitted Materials will be accessible to the public and may be transferred and promoted onward by HomeBest.co, at its singular discretion, and therefore it is advised not to incorporate them in any content or data that you wish to keep private.
3.2 Representations and warranties
You correctly represent and authorize to HomeBest.co that your Submitted Materials:
- Abide by and will abide by all applicable laws, rules and regulations, the Terms and do not and will not violate the rights of any third party, along with any intellectual property rights and the right to privacy;
- Do not and will not involve any offensive, hateful, violent, obscene, threatening, libelous, defamatory or otherwise inappropriate or commercial content;
- Are and shall be free from any restrictions, payment obligations, third party rights, and/or royalties (including, without bar, to any collecting societies).
"Submitted Materials" will mean any and all material, photographs, videos, text and information or other data administered and/or uploaded by you to the Services.
4. OWNERSHIP OF PROPRIETARY RIGHTS
All the Intellectual Property Rights (as defined below) evidenced by or incorporated in and/or including and/or subsisting therein and/or adhered/connected/related to the Services, including, without bar, any underlying platforms, algorithms, software, application, website design and technology, any services, information, texts, Submitted Materials, sound, music, videos, files, various applications, social graphs, structure, specifications, application "look and feel", organization features and related content that may be created in connection with the use of or registration to the Services, along with the selection and arrangement of any of the foregoing, enhancements, improvements, any modifications and offshoots thereof and any and all Intellectual Property Rights related thereto (collectively, the "HomeBest.co IPR") are the property of HomeBest.co and/or its various affiliates which maintain all right, interest and title in relation therewith.
No transfer or allocation of any rights is made or is to be implied by any arangement of these Terms or by any other arrangement contained in the Services with regard to the HomeBest.co IPR or otherwise. In the case that by operation of law any of the HomeBest.co IPR is not possesed in its entirety by HomeBest.co automatically upon its establishment, then you hereby decisively assign, transfer, and convey to HomeBest.co the ownership of such HomeBest.co IPR, including all title, right and interest in relation therewith, free of any charge. You conform to assist HomeBest.co, at HomeBest.co's expense, to aquire for HomeBest.co and administer any Intellectual Property Rights for HomeBest.co IPR worldwide. You will complete any documents that HomeBest.co may fairly request for use in acquiring or enforcing such HomeBest.co IPR and other legal protections.
"Intellectual Property Rights" worldwide coverage:
- Rights connected with works of design photography and authorship, including copyrights;
- Trademarks, trade names, trade dress, service marks, domain names, logos, and goodwill rights either registered or otherwise;
- Industrial designs, patents and patent applications;
- Rights akin to those set forth herein and any other proprietary rights relating to intangible property;
- Renewals, reissues, divisions, continuations, and extensions of the proceeding (as applicable) now existing or hereafter filed, acquired, or issued.
5. REPRESENTATIONS AND USER WARRANTIES
You represent and authorize to HomeBest.co that:
- You have, and will have consistently, all permits, titles and interest, consents and rights in connection with the Services and as nessesary to fulfill your obligations and authorization to HomeBest.co any and all rights, consents, and licenses hereunder, including without bar in reference to the Submitted Material;
- You and your use of the Services will comply with all applicable rules, regulations, laws, statutes, and ordinances.
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE HomeBest.co IPR WILL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION HomeBest.co IPR, ARE SUPPLIED "AS IS" AND WITHOUT GUARANTEE OF ANY KIND EITHER DISCLOSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE COMPATIBLE TO APPLICABLE LAW, HomeBest.co DISCLAIMS ALL WARRANTIES, ARTICULATED OR IMPLIED, IN ADDITION TO, BUT NOT LIMITED TO, INDIRECT WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE. HomeBest.co DOES NOT GUARANTEE THAT THE HomeBest.co IPR AND/OR SERVICES WILL BE CONSTANT OR ERROR-FREE, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKE THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER DAMAGING ELEMENTS. HomeBest.co DOES NOT GUARANTEE OR MAKE ANY DEPICTION CONCERNING THE USE OR THE CONSEQUENCES OF THE USE OF THE HomeBest.co IPR OR SERVICES, INCLUDING, WITHOUT LIMITATION, THEIR ACCURACY, EFFICANCY, RELIABILITY, OR OTHERWISE. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL PREVENTATIVE MEASURES YOU BELIEVE TO BE NECESSARY OR PRUDENT TO GUARD YOURSELF AGAINST ANY CLAIM, LOSS, DAMAGE OR HAZARD THAT MAY APPEAR BY VIRTUE OF YOUR USE OF OR DEPENDENCE UPON THE SERVICES AND/OR ANY OF THE HomeBest.co IPR. WITHOUT DETRACTING FROM THE GENERALITY OF THE ABOVE, RELATIVE TO EACH AND EVERY CATEGORY OF PRODUCTS, YOU ACKNOWLEDGE AND AGREE THAT HomeBest.co NEITHER ASSUMES NOR COMMITS TO ANALYZE ALL THE OFFERINGS AND PRICES FOR EACH OF THE PRODUCTS IN SPECIFIC PRODUCT CATEGORIES. MOREOVER, YOU CONCUR THAT HomeBest.co's PRODUCT SELECTIONS AND RANKINGS ARE BASED AND GENERATED BY HomeBest.co's ALGORITHM THAT TAKES INTO ACCOUNT NUMEROUS CRITERION THAT HAVE BEEN CHOSEN BY HomeBest.co. SOME JURISDICTIONS DO NOT GRANT THE OMISSION OF CERTAIN IMPLIED WARRANTIES. CORRESPONDINGLY, SOME OF THE ABOVE CONDITIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM ALLOWED UNDER LAW, UNDER ZERO CIRCUMSTANCES WHATSOEVER WILL HomeBest.co AND ITS EMPLOYEES, OFFICERS, AGENTS, PARTNERS, DIRECTORS, AFFILIATES, SHAREHOLDERS, LICENSORS, SUBCONTRACTORS, AND SUPPLIERS BE CULPABLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE RISK OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY COMPENSATORY,DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL INCLUDING, BUT NOT LIMITED TO, ANY LOST GAINS AND/OR BUSINESS INTERUPTION, LOST BUSINESS OPPORTUNITIES, LOSS OF REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES THAT RESULT FROM OR PERTAIN IN ANY ASPECT WHATSOEVER TO YOUR USE OF THE SERVICES, OR DEPENDANCE OF ANY OF THE SERVICES AND/OR HomeBest.co IPR, OR TO ANY ERRORS, MISCALCULATIONS, EXCLUSIONS, ERRORS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY HomeBest.co.
SOME JURISDICTIONS DO NOT PERMIT THE RESTRICTION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. FURTHERMORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT THE LIABILITY AND WARRANTY DISCLAIMERS AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL AGREEMENT FOR THE BASIS OF THESE TERMS AND THAT THEY HAVE BEEN CONSIDERED AND REFLECTED IN YOUR DECISION TO ENTER INTO THESE TERMS.
You agree to hold, defend and indemnify HomeBest.co and anyone on its behalf, along with but not limited to, all of its owners, managers, employees, affiliates,agents, officers, licensors and suppliers innocent from and against any expenses, liabilities, losses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) emergent from, obtained as a result of, or in any manner related to:
- Your use of the Services and/or any use of your account;
- Your breach of any third party right,in addition to, without limitation, any property, copyright, or privacy right, as well as any third party claim in respect of the Submitted Materials;
- Any breach of these Terms.
10. THIRD PARTY CONTENT
The Services include content, references and links to third party services, resources and products. HomeBest.co does not control the availability or content of those third party services, resources and products. Any concerns in regard to any such services, resources or products, including any content or link therein, should be aimed to the relevant third party product, service, or resource provider.
Some of the materials and content available through the Services may be supplied by third parties. No citations made in the Services to any third party content (including advertisements and Submitted Materials), commercial product, process, or service, or provider of such process, service or product ("Third-Party Content"), authorize or imply a recommendation, endorsement, or favoring by HomeBest.co.
Any and all statements, opinions, products, offers, advice, content, services, or other information conveyed or made available by such third parties, are those of the particular author(s) or distributor(s) and do not necessarily reflect those of HomeBest.co and HomeBest.co does not promote, endorse, solicit or recommend them or any Third Party Content in any way nor will HomeBest.co be held responsible or liable for any of the preceding. Any service or product ordered in respect of Third Party Content is not ordered from HomeBest.co, but from the pertinent product provider or third party service. HomeBest.co is a merely a conduit in respect of Third Party Content and is not compelled to screen Third Party Content and makes no guarantees or representations as to, and therefore will have no liability in any of the foregoing.
11. NOTICE AND TAKEDOWN
In the situation that you believe that any content contained in the Services violates your right to privacy or Intellectual Property Rights, is defamatory or otherwise illegal, please file a comprehensive notice of complaint to: support@HomeBest.co, describing such content and detailing the reasonable basis of your complaint and we will make every effort to remove it.
We may cancel these Terms and/or suspend your right to enter or use any portion or all of the Services and/or HomeBest.co IPR forthwith (including, without restraint, the license set forth above in Section 2.1), and without prior notice, at our sole discretion. Upon cessation you shall immediately stop using the Services and the following Sections shall endure: 1, 2.2, 3-13.
Without detracting from any other right and solution provided to HomeBest.co under law and/or these Terms, HomeBest.co reserves the right to restrict or revoke your authority and access to and/or use of the Services and/or the HomeBest.co IPR in its sole discretion, at any time, and for all logic, including, but not restricted to, technical difficulties or breach of these Terms. If your permission to use the Services concludes or is terminated, HomeBest.co can, without notice, delete or deny access to any of the HomeBest.co IPR, meta data or Submitted Materials that may stay in its possession or authority.
- In accordance with the laws of Israel, these Terms shall be governed by and defined, without regard to the principles of private international law therein. The parties consent to the exclusive jurisdiction of the competent courts of Tel-Aviv with regard to all claims out of, in connection with, or in any way associated to, these Terms. The application of the United Nations Convention of Contracts regarding the International Sale of Goods or other international laws is discernibly excluded;
- If any provision of these Terms is held to be void, such provision shall be reconstituted only to the extent needed to make it enforceable and if aforesaid provision is resolved to be invalid or unenforceable nonetheless, the provision shall be deemed to be divisible from the balance of these Terms and shall not cause the invalidity or unenforceability of the balance of these Terms;
- You acknowledge and agree that HomeBest.co has the right, at any time and for any reason, to modify or redesign the HomeBest.co IPR and other aspects of the Services or any part thereof;
- This is the whole agreement between you and HomeBest.co concerning the subject matter herein;
- HomeBest.co may appoint these Terms, in part or in whole, in its sole discretion. You are not authorized to distribute or otherwise transfer the Terms, or any of your rights or responsibilities hereafter, to any third party without the previous written consent of HomeBest.co. Any unauthorized assignment will be void and of no force or effect;
- Unless otherwise specifically provided, no provisions of these Terms shall be construed or are intended to confer upon or give to any entity or person other than you and HomeBest.co any remedies, rights or other benefits under or as result of these Terms;
- The failure of either party to enforce any rights granted hereafter or to take action against the other party in the event of any infraction hereunder shall not be considered as a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of possible breaches;
- All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on a single occasion will not be deemed a waiver of any other provision or of such provision on any other occasion;
- Any cause of action resulting out of or related to the Services must commence within one (1) year after the cause of action is amassed. Otherwise, such cause of action is permanently barred.
If you have any further inquiries or require additional clarification, please contact us by sending an email to: support@HomeBest.co
Last updated: 12/4/2016