effective as of 4th of October 2018
This Terms of Service Agreement explain the terms and conditions under which you are able to use services provided by Devices For Home. Please read carefully this Terms of Service document, and keep a copy of it for your reference.
BY ACCESSING OUR WEBSITE, OUR SERVICES OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE BY DEVICES FOR HOME YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS OF SERVICE STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH DEVICES FOR HOME. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Devices For Home.
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms of Service Agreement:
‘Terms/Agreement’ refers to the latest version of this Terms of Service Agreement document.
‘Site’ refers to the website available on < https://devices4home.com/>, or any other URL which may host Devices For Home websites or Services.
‘User/You’ refers to any person using our Services or accessing the Site.
‘We/Us/Devices For Home’ refers to Devices For Home, the Site, and their developers.
‘Third-Party’ refers to any application, website, natural or legal entity other than Devices For Home.
‘Content’ refers to all images, text, audio and video data or any other information located on the Site.
‘User Generated Content’ refers to the Content provided by the Users.
‘Information’ refers to information about the Users themselves provided for the purpose of using our Services.
‘Services’ refers to the functionality of the Site, and availability of the content provided by Devices For Home and User Generated Content.
2. Use of the Services
2.1 By using the Services, you confirm that you are at least 18 years of age. By accessing the Site or using our Services, you confirm that you will not use the Site or the Services contrary to these Terms or applicable laws.
2.2 We may not control who uses the Site or the Services, so it is upon you to assess whether using the Site or our Services is in compliance with any local laws and regulations. Whenever you are using our Site or Services you will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the Site or the Services is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region’.
2.4 You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.
(C) Acceptable Use Policy
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Site;
(ii) collect Users’ content or information, or otherwise access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) bully, intimidate, or harass any other User;
(v) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
(vi) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
(vii) take any action creating a disproportionately large usage load on our Site unless expressly permitted by Devices For Home;
(viii) create more than one account or share your account with anyone;
(ix) post or transmit content that is misleading.
(x) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
(xi) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Site;
(xii) post or transmit hyperlinks to other websites that violate these Terms;
(xiii) facilitate or encourage any violation of these Terms.
2.6 Users are solely responsible for their own content and the consequences of making the content available to third-parties.
(E) Intellectual property rights
2.9 The copyright and all intellectual property rights in the Site belong to Devices For Home or are used with appropriate permissions. It includes design, all database rights, trade marks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved.
2.10 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Site and other Content provided by Devices For Home. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Site and their Content; distribute, transfer, sublicense, lease, lend or rent the Site or their Content to any third party; reverse engineer, decompile or disassemble the Site; or make the functionality of the Site available to multiple users through any means.
(F) Notification of infringement
2.11 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site or the App;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
2.12 Our copyright agent can be reached as follows:
(G) User Generated Content
2.13 If you post content on or through the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Site and on any other marketing material we may create. Whenever we might use the User Generated Content we will give appropriate credit to the content provider through their name.
2.14 Users are able to leave reviews and comments regarding their experience with various items displayed on the Site. We may publish such reviews and comments on the appropriate page for the purpose of informing other Users on previous experiences. We reserve the right, at our sole discretion, to refuse to publish or to remove reviews and comments from Users, if they are not in compliance with our Terms or contain defamatory remarks.
2.15 We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Site and the Services at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that Devices For Home bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Site. You further understand that by providing your content online, other people will have access to such content and they will be able to copy, share or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content.
(H) Third party content
2.16 Some content on the Site, such as advertisement, may be provided by the Third – Parties. We are not responsible for such content, nor do we monitor or control content provided by the Third – Parties.
3. Third Party Services
3.1 The Services may be made available or accessed in connection with third party services and content (including advertising) that Devices For Home does not control. We may also provide you with links leading to the Third – Parties. You acknowledge that different Terms of Service and privacy policies may apply to your use of such third party services and content. Devices For Home does not endorse such third party services and content and in no event shall Devices For Home be responsible or liable for any products or services of such Third – Party providers.
4. Affiliate Disclosure
4.1 We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
4.2 Whenever the link from the Site leads to other location you may assume that Devices For Home has a financial interest in such location, whether by earning commission of the sales or for increasing the traffic on the target location.
4.3 Devices For Home does not sell any product listed on the Site. Devices For Home does not take any responsibility nor do we make any guarantee for any purchase made by following the links on the Site. You may be offered special terms for purchase by following the links hosted on the Site. Whenever there is such case, you will be appropriately informed on these terms.
5.1 You will indemnify and hold harmless Devices For Home, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.
6. Limitation of liability
6.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE DEVICES FOR HOME SERVICE IS TO STOP USING THE DEVICES FOR HOME SERVICES.
6.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DEVICES FOR HOME, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE DEVICES FOR HOME SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTYAPPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE, REGARDLESS OF LEGAL THEORY, EVEN IF DEVICES FOR HOME HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6.3 Devices For Home, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Site, or any errors, in or omissions from information on the Site. Devices For Home is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site, nor caused by the delay, malfunction of the operation or the availability of the Site.
6.4 Devices For Home does not guarantee that the information on the Site is correct. All information on the Site is strictly for entertainment purposes and should not be considered as an advice, recommendation or suggestion of any kind.
7.1 DEVICES FOR HOME MAY MAKE CHANGES OR REPLACE OUR TERMS OF SERVICE AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE SITE AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF SERVICE AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS OF SERVICE AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED UPDATED TERMS OF SERVICE. THE TERMS OF SERVICE AGREEMENT APPLIES REGARDLESS FROM WHICH PLATTFORM YOU ACCESS OUR SITE.
8. Governing Laws and Choice of Forum
8.1 This Agreement shall be governed by and construed under the laws of California, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in California by the California residents. You agree that if you have any dispute with Devices For Home you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts in Los Angeles.
9. Final Provisions
9.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
9.2 These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.