Date of Last Update or Revision: February 2023
This document describes the Terms of Service applicable to the Homescala Platform (the “Platform”) in connection with which you are accepting this agreement. The Platform and Services, including the Website (https://homescala.com) and mobile application (“App”), are owned and operated by Ziprenovation Inc (hereinafter referred to as “Homescala”, “We”, “Us” or “Platform”).
For the purposes of this document, “User” or “You” means any individual who may access and use our Platform and its Services, and Service Providers means any Contractor, Real Estate Agent and Lender registered on this Platform.
These Terms of Service are a legally binding contract between you and Homescala. Homescala operates in compliance with all state and federal housing laws in force in the United States of America. We are protected by all Copyrights and Intellectual Property Rights under the laws of the United States of America, as all international copyright treaties.
BY ACCESSING AND USING THIS PLATFORM AND OUR SERVICES, YOU ARE EXPRESSLY ACCEPTING AND ELECTRONICALLY PROVIDING YOUR CONSENT TO ALL THE TERMS OF SERVICE UNDER THIS DOCUMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT USE THIS PLATFORM AND LEAVE OUR WEBSITE AND APP IMMEDIATELY.
The use of this Platform and Services is strictly available only to persons of legal age and who can enter into legally binding contracts under applicable law, as may be locally or internationally prescribed.
Homescala is a platform that provides online services (“Services“) to those who wish to remodel or renovate homes and obtain information about properties and service providers, including, but not limited to, construction contractors, real estate agents and lenders (“Service Providers”).
4. USER ACCOUNT
In order to use our Platform and Services, you must first register with us to create an account. After that, you will need to subscribe to any of the subscription plans in order to access fully functional portals. During the registration process, we will ask you to provide us with the following information:
- First Name;
- Last Name;
- Phone Number;
- Email; and
In some cases we may additionally request the following information:
- Company Name;
- Brokerage Name:
- Property Address;
- Property Condition; and
- Basement Status.
You warrant that all information provided by you is accurate to the best of your knowledge. You are obliged to notify Homescala of any updates or changes to any information that you provide in connection with your use of the Platform.
5. SUBSCRIPTION PLANS
Homescala offers its Users monthly or annual subscription plans, in order for them to use our Services, according to their needs (“Subscription Plans“).
The specifications and prices of our Subscription Plans, are described on our Website and Applications (“Apps“).
Homescala reserves the right to modify, from time to time, at its sole discretion, its Subscription Plans. If there are any such changes to Subscription Plan fees, this may be timely notified to you.
Our Subscription Plans can easily be paid through our Platform. Payment processing services are provided by Stripe, Inc (Stripe) and are subject to the Stripe Agreement, located at www.stripe.com which includes Stripe's Terms of Service, located at www.stripe.com (collectively, the Stripe Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Agreement, as the same may be modified by Stripe from time to time. As a condition of paying through Stripe, you agree to provide Homescala with accurate and complete information about you, and you authorize Homescala to share such information with third parties, including information regarding your use of payment processing services provided by Stripe. and you authorize Homescala to share it and transaction information related to your use of the payment processing services provided by Stripe.
You expressly accept that we may temporarily or permanently modify, suspend or cancel your Subscription Plan, in case you do not pay for the renewal of its subscription. You may opt for a Subscription Plan reactivation by immediately paying the amount of the renewal.
6. CANCELLATION POLICY
You may cancel your Subscription Plan at any time through our Website or Apps.
Please keep in mind that cancellations will be effective upon the end of your Subscription Plan billing period (monthly, or annual, as applicable) following the cancellation request.
If you do not cancel your Subscription Plan before your next billing period, you will be billed and charged for such Subscription Plan, according to the schedule selected by you (monthly, or annually). We will not issue a refund for the current period or cancel your Subscription Plan until the next billing cycle.
7. REFUND POLICY
We have a Non-Refund Policy for our Subscription Plans, including any other paid product or service, except when required by law.
In the event that you cancel your Subscription Plan, such cancellation will apply to the next subscription period and we will not provide any refund, unless we decide otherwise in our sole discretion
You hereby expressly accept and acknowledge that the Subscription Plans and any other paid product or service offered by us, are non-refundable.
8. CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP
All materials, content, information, trademarks and service marks on the Platform, as well as the organization and display of the content and “look and feel” of the Platform, and all software and inventions used on and in connection with the Website and Apps, including graphics, images, logos, page headers, button icons and scripts (collectively, the “Platform Content”) are the sole and exclusive property of Homescala or its licensors (“Third Party Licensors”) and are protected by U.S. and/or foreign copyright laws.
This Platform allows you to share information with other Users, including but not limited to any information, comment, photo, image, text, message, communication, email address, material, or any other content (“User Content”).
By sharing, uploading or making available any User Content on the Platform to others, you grant Homescala a perpetual, irrevocable, worldwide and non-exclusive license to share, reproduce, publish, publicly perform, publicly display, use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, perform, transmit, access, view and otherwise exploit such User Content on or through the Platform, or in connection with our Services.
Any use of automated data collection or scraping tools, is strictly prohibited. You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use or exploit any Platform Content, except as expressly permitted under these Terms of Service, without the prior written consent of Homescala or the legal owner of such Content.
Any unauthorized use of Platform Content accessed through the Platform may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject you to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Platform is strictly forbidden.
9. LICENSE USE
You agree the License of Use granted herein is provided on a temporary basis and may be withdrawn by Homescala at any time. All rights not expressly granted herein are reserved.
10. USER CONTENT RESTRICTIONS
You must not share, upload or make publicly available through this Platform any User Content (“Prohibited Content”) that:
a) Is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive.
b) Is defamatory, libelous, obscene, pornographic, vulgar or offensive.
c) Promotes any illegal or prohibited activity, or violates these Terms of Service, or any local or international law or regulation.
d) Infringes the intellectual property rights or other rights of any third party.
e) Disclose or publish copies of private communications between private individuals without the explicit consent of all parties to the communication.
You expressly acknowledge and accept that you are solely responsible for any User Content or Prohibited Content that you share, upload or make available to other Users or third parties through this Platform.
You expressly agree that Homescala may, without prior notice, delete any Prohibited Content or remove or disable access to any Prohibited Content that Homescala finds to be in violation of applicable law, or these Terms of Service, or that otherwise may be harmful or objectionable to Homescala or its Users or third parties.
11. THIRD-PARTY CONTENT
The content displayed, distributed or otherwise accessible through the Platform includes information (which may include, without limitation, factual information, personal testimonials, advice, opinions, images, prices offered for items, item descriptions, and certain third-party terms of service) from various third-party sources (“Third-Party Content”), including Third Party Licensors. You acknowledge and agree that your reliance on the Third-Party Content is solely at your own risk. If you have any questions with respect to the Third-Party Content displayed, distributed or otherwise accessible through the Platform, please contact Homescala at [email protected].
ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE PLATFORM ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. HOMESCALA AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY CONTENT AND BRAND OWNERS.
12. PLATFORM USE AND RESTRICTIONS
The use of our Platform, including all our Services are subject to the following rules and restrictions:
a) You may use the Platform and our Services only in accordance with these Terms of Service.
b) You agree to use the Platform and Services for legitimate, non-commercial purposes only. The Platform and Services may be used only for lawful purposes.
c) You must not use the Platform and Services for any harmful, illegal, prohibited or nefarious purpose.
d) You must not use the Platform and Services in violation of any applicable laws or regulations.
e) You must not misrepresent your identity, age, or any other personal information.
f) You must provide us with true, accurate and current information as requested by us to provide you with our Services.
g) You must not provide us with false, misleading, fraudulent, unlawful, or prohibited information; or information which you do not own, or which belongs to any third party.
h) You must not use or attempt to use the Platform and Services, to:
i) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Platform and Service.
ii) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.
iii) Upload, share or make available in any way any content that contains a virus, Trojan horse, or corrupted data, overloading, mail bombing, crashing or flooding or continuous posting of repetitive text, or Prohibited Content.
iv) Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Platform Services or any property, devices, software, services, networks or data connected to, or inter-operating with the Platform and Services, or to any Platform Content or data stored, accessed or delivered through the Platform and Services, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, or other information security protections or controls of whatever nature.
v) Defeat or circumvent, attempt to defeat, or authorize or assist any third party in defeating or circumventing controls on the use of the Platform and Services.
vi) Interfere with, disrupt or negatively affect the Platform and Services, including our servers and networks.
i) You agree not to take any action which imposes an unreasonable or disproportionately large load or burden on the Platform or use the Platform and Services in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Platform, or in a manner that adversely affects the Platform or the availability of its resources to other Users.
j) You must not copy or reproduce this Platform and our Services, in any manner of any kind and must not use or allow:
i) Reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract or any portion of the Platform and Services, including any related malware signatures and malware detection routines;
ii) Change, modify or otherwise alter the Platform and Services;
iii) Use any robot, crawler, site search or retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, data mining, scraping, email harvesting, or using any process or processes that send automated queries to the Platform and Services; and
iv) Provide or build a platform, website, mobile application or product or service that competes with our Platform and Services.
k) Violations of Platform or network security may result in civil or criminal liability. Homescala will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
13. FEEDBACK REGARDING THE SITE OR OUR BUSINESS
You may provide suggestions, comments or other feedback on the operation of the Platform or our business, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Feedback”). Such Feedback is voluntary and Homescala has the perpetual right to use any or all of such Feedback for any purpose without any obligation to you of any kind, although Homescala will not publicly disclose the source of such feedback.
14. PLATFORM MODIFICATIONS AND UPDATES
Homescala may send you emails, from time to time, to let you know about Services offers and important improvements and updates to our Platform and Services.
You will be able to opt out of these emails at any time by clicking the unsubscribe option. However, other emails will be sent to you automatically, such as system notifications required for the operation of our Platform and Services, for which you will not have the alternative to deactivate this option.
You agree to receive any notices from Homescala to you regarding your use of the Platform pursuant to these Terms of Service at the email or other addresses set forth in your contact information.
By registering on our Platform and creating your User Account, you give us your express consent to receive the emails referred to in this Section.
16. THIRD PARTY SITES
Homescala may provide through the Site links or references to Internet sites maintained by third parties, or such third-party sites may have links to Homescala’s Platform. Homescala does not operate or control, has no right or ability to modify or edit, in any respect, any information, products or services provided on these third-party sites. Homescala assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites.
17. SERVICE PROVIDERSTHIRD PARTY CONTRACTORS
As part of our service, when Homescala is not acting as a general contractor, we match our clients with Service Providers third-party contractors to perform the renovation work. All recommended Service Providersthird-party contractors have agreed to abide by Homescala’s Service ProviderContractor Terms and Conditions. We do our best to vet the credentials and experience of all recommended Service Providerscontractors; however, we do not independently verify representations about their services or their review. Accordingly, Homescala cannot and does not guarantee (i) the skills of such Service Providerscontractors, (ii) the quality of their work, (iii) their timeliness or reliability, or (iv) the outcome of their services. It will be your sole responsibility to conduct your own investigation as to the recommended Service Providercontractor and its credentials and make your own determination about these things. You will be required to enter into a direct contract with a Service Providercontractor of your choosing. Your rights under contracts you enter with Service Providers service professionals are governed by the terms of such contracts and by applicable law. Homescala is not a party to such contracts.
18. NO ENDORSEMENTS
A LISTING ON OUR SITE IS NOT INTENDED AS AN ENDORSEMENT OR STATEMENT THAT THE INFORMATION PROVIDED BY THE OTHER PARTY IS ACCURATE. LINKS TO THIRD-PARTY SITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY OR AFFILIATION WITH HOMESCALA. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH SITES OR RESOURCES.
19. DISPUTES WITH SERVICE PROVIDERSCONTRACTORS
Should you have a dispute with your Service Providercontractor, you must address such dispute with the Service Providercontractor directly, unless you have elected to have Homescala mediate a such dispute. IN ANY EVENT, YOU HEREBY AGREE TO RELEASE HOMESCALA (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROVIDERS THIRD PARTY CONTRACTORS.
20. LIMITATION OF LIABILITY
20.1. THE CONTENT OF THIS PLATFORM IS FOR YOUR GENERAL INFORMATION AND USE ONLY. IT IS SUBJECT TO CHANGE WITHOUT NOTICE.
20.2. NEITHER WE NOR ANY THIRD PARTIES PROVIDED ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON OUR PLATFORM FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
20.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMESCALA, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY.
21. DISCLAIMERS AND WARRANTIES
21.1. USE THE PLATFORM AT YOUR OWN RISK. THIS PLATFORM IS PROVIDED TO YOU “AS IS”, “WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. NEITHER HOMESCALA NOR ITS EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE PLATFORM OR ITS OPERATIONS WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE PLATFORM ON BEHALF OF HOMESCALA. HOMESCALA RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OR THE PLATFORM, INCLUDING ITS WEBSITE AND APP.
21.2. YOU AGREE AND ACKNOWLEDGE THAT HOMESCALA DOES NOT PROVIDE LEGAL OR FINANCIAL ADVICE OR APPRAISER SERVICES, NOR ANY OTHER SIMILAR CONSULTING SERVICES. FOR THIS REASON, IF YOU ARE INEXPERIENCED OR DO NOT HAVE ADEQUATE KNOWLEDGE IN THESE AREAS, WE STRONGLY RECOMMEND THAT YOU CONSULT A PROFESSIONAL BEFORE PURCHASING OR SELLING A PROPERTY OR CARRYING OUT ANY TRANSACTIONS OR INVESTMENTS RELATED TO A REAL ESTATE ASSET, OR ENGAGING ANY PROFESSIONAL FOR THE SALE, PURCHASE, APPRAISAL, CONSTRUCTION, RENOVATION, OR REMODELING OF ANY PROPERTY THROUGH OUR PLATFORM.
21.3. YOU ACCEPT AND ACKNOWLEDGE THAT HOMESCALA ONLY PROVIDES HOMEOWNERS WITH ESTIMATES OF RENOVATION COSTS AND PRE AND POST-RENOVATION HOME VALUES FOR INFORMATION PURPOSES ONLY. WE ARE NOT PROFESSIONAL APPRAISERS. ACCORDINGLY, WE DO NOT GUARANTEE THE ACCURACY OF OUR ESTIMATES, AND YOUR RELIANCE ON OUR ESTIMATES IS AT YOUR OWN RISK.
21.4. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT HOMESCALA IS STRICTLY AN INTERMEDIARY USED TO CONNECT USERS REGISTERED ON THIS PLATFORM. FOR THIS REASON, HOMESCALA WILL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES, DIRECTLY OR INDIRECTLY, FOR:
A) ANY SERVICE, WORK, CONTRACT OR OBLIGATION AGREED BETWEEN USERS OR THIRD PARTIES;
B) ANY ILLEGAL USE OR ILLEGAL, IMPROPER PRACTICE, NEGLIGENCE OR FRAUDULENT ACTION INCURRED BY ANY USER OR THIRD PARTIES;
C) ANY INCIDENT, MISUNDERSTANDING, FRAUD, DAMAGE, LOSS, HARM, THEFT OR INJURY CAUSED BY ANY USER OR THIRD-PARTY;
D) ANY ABUSIVE CONDUCT INCURRED BY ANY USER OR ANY PROHIBITED CONTENT SHARED, SUBMITTED OR POSTED BY ANY USER ON THE PLATFORM; AND
E) THE INFRINGEMENT OF ANY LAW OR REGULATION APPLICABLE, BY ANY USER OR THIRD PARTIES.
21.5. HOMESCALA DOES NOT WARRANT THAT THE PLATFORM AND SERVICES WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE, SOFTWARE OR DEVICE OR THAT ANY SERVICE WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.
21.6. HOMESCALA DOES NOT, UNDER ANY CIRCUMSTANCES, WARRANT OR GUARANTEE ANY SPECIFIED RESULT THAT YOU INTEND TO OBTAIN OR ANY OTHER RESULT OF ANY KIND THAT YOU HAVE INTENDED TO OBTAIN UPON USING THE PLATFORM AND SERVICES.
21.7. YOU ACCEPT AND ACKNOWLEDGE THAT WE HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT AND PROVIDE OUR SERVICES AND THEIR POTENTIAL ON THE PLATFORM, BUT INFORMATION PRESENTED ON THE PLATFORM IS NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF THE INCREASE IN VALUE OF YOUR HOME OR PROPERTY. THERE ARE MANY FACTORS SPECIFIC TO YOUR PROPERTY THAT WILL AFFECT THE VALUE OF YOUR PROPERTY.
21.8. HOMESCALA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, FOR THE SUSPENSION, CANCELLATION, TERMINATION OR DISCONTINUATION OF THE PLATFORM SERVICES, CAUSED BY FORCE MAJEURE OR THIRD PARTIES.
21.9. YOU ACCEPT AND ACKNOWLEDGE THAT THIS PLATFORM AND ITS SERVICES ARE CONTROLLED AND OFFERED FROM HOMESCALA’S FACILITIES IN THE UNITED STATES OF AMERICA. HOMESCALA MAKES NO REPRESENTATION THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. IF YOU ACCESS THE PLATFORM FROM ANY OTHER REGION OF THE WORLD WITH LAWS OR OTHER REQUIREMENTS GOVERNING PERSONAL DATA COLLECTION, USE, OR DISCLOSURE THAT DIFFER FROM APPLICABLE LAW IN THE UNITED STATES OF AMERICA, THEN THROUGH YOUR CONTINUED USE OF THE PLATFORM, YOU ARE TRANSFERRING YOUR DATA TO THE UNITED STATES OF AMERICA, AND YOU EXPRESSLY AGREE THAT YOUR PERSONAL DATA MAY BE TRANSFERRED TO AND PROCESSED IN THE UNITED STATES OF AMERICA.
21.11. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ALL USERS AND SERVICE PROVIDERS REGISTERED ON THIS PLATFORM ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, CONTRACTORS OR FRANCHISEES OF HOMESCALA.
21.13. BY USING THIS PLATFORM AND SERVICES, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE NOT VIOLATING ANY LAWS OR REGULATIONS, INCLUDING ANY SANCTIONS OR PROHIBITIONS SET FORTH BY THE U.S. GOVERNMENT OR ANY OTHER AUTHORITY OR COUNTRY.
21.15. PLEASE NOTE THAT SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF SERVICE.
You agree to defend, indemnify and hold harmless Homescala, its subsidiaries, affiliates, officers, directors, shareholders, employees, suppliers, agents, co-branders and other partners from and against any and all liabilities, claims, demands, losses or expenses, including reasonable legal and accounting fees and costs, resulting or arising from:
(a) Your breach of these Terms of Service, including, without limitation, any representations or warranties made by you herein;
(b) Any action taken or permitted by you which disrupts, degrades or damages the Platform, Content or related data thereon;
(c) Your infringement or other violation of any intellectual property right of Homescala or any other person or entity;
(d) Any negligent, wrongful conduct, or intentional torts, by you;
(e) Any materials (including any Prohibited Content, User Content and Communications) provided by you that is shared or published on or through the Platform or any third party website pursuant to the rights granted to Homescalahereunder;
(f) Your use of the Platform and its Services;
(g) Your violation of the rights of any third party; or
(h) Your actual or alleged violation of any federal, state, local or foreign law, or regulations.
You agree that you will cooperate as fully and reasonably as required by Homescala in the defense of any claim arising out of your use of the Platform and Services. Notwithstanding the foregoing, Homescala reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against Homescalaarising out of or related to your use of the Platform, and in no event shall you settle any such claim without Homescala’s prior written approval.
These Terms of Service are effective until terminated by Homescala, which Homescala may do at any time without notice for any reason, or no reason. In the event of termination, you are no longer authorized to access or use of the Platform and Services. The applicable restrictions imposed on you, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive such termination.
24. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws in force in the State of Maryland and the applicable federal laws in the United States of America, without regard to conflict of laws provisions.
25. AGREEMENT TO ARBITRATE ALL DISPUTES
By using the Platform and Homescala’s services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Homescala. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Homescala may be commenced only in the U.S. District Court for the District of Maryland or state courts located in Montgomery County, Maryland. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
26. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform (Website or our App) infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent referred below using the contact information provided below (a “Notification” ). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform s are covered by the Notification, a representative list of such works on the Platform; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
26.2. Counter Notification
If you believe your own copyrighted material has been removed from the Platform (Website/App) as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury. . Any personal information you provide in your notice will be used only for purposes related to your notice.
26.3. Designated Copyright Agent
Notifications and Counter Notifications should be sent to:
Designated Copyright Agent: Blaze Dimov, at Copyright Agent, 124 Ellington Blvd., #525, Gaithersburg, MD 20878. Email: [email protected].
27. CHANGES TO THESE TERMS OF SERVICE
Homescala may amend these Terms of Service, from time to time, in its sole discretion, by posting a revised version on our Platform through our Website and App, providing notice on them. If you do not agree to the changes adopted, then you must stop the access or use of this Platform and Services immediately.
Any modifications to these Terms of Service will be effective upon our posting of the modified version on our Website and App (or as otherwise indicated at the time of its posting). In any case, the continued use of this Platform and Services after the posting of any change of our Terms of Service indicates that you express your acceptance of such modifications.
28.1. Force Majeure
28.2. No Waiver
28.5. No Assignment
29. CONTACT INFORMATION