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1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING YOUR PRODUCTS (AS DEFINED BELOW) FOR SALE ON THIS WEBSITE, YOU WARRANT AND REPRESENT THAT YOU ARE AN ARCHITECT DULY LICENSED IN YOUR JURISDICTION, AND YOU ACCEPT AND ARE BOUND BY THESE ARCHITECTS' TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU UPLOAD PRODUCTS ON BEHALF OF A COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE ARCHITECTS' TERMS.
YOU MAY NOT PLACE YOUR PRODUCTS FOR SALE ON THIS WEBSITE OR IN ANY WAY USE ITS SERVICES IF YOU (i) DO NOT AGREE TO THESE ARCHITECTS' TERMS, (ii) ARE NOT THE OLDER OF (A) 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These Architects' Terms and Conditions for the Use of Homboo Services (these "Architects' Terms") apply to the use of services through Homboo (the "Website"). These Architects' Terms are subject to change by Inversiones Digitales Homboo S.L a Spanish corporation (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Architects' Terms will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Architects' Terms prior to uploading any products to be available for sale through this Website. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Architects' Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. As such, all Website Terms of Use apply to you. You should also carefully review our Privacy Policy before placing your products for sale through this Website (see Section 9).
2. Service Provided. Homboo facilitates a service, which allows Homboo customers (the "Users") to buy, pursuant to the Architects' Terms and conditions set forth in this Agreement and the Website Terms of Use, a limited license on architectural building plans (the "Products") from architects like you, using the Homboo.com website. Only registered Users and architects can buy and sell on Homboo; registration is free of charge.
3. Offer of the Products for Sale. You agree that, once you upload the Products on the website, the Website will generate an offer to sell, under these Architects' Terms and the Website Terms of Use, the Products. While we do not prescreen all Products, we will not be obligated to display the Products for sale if, in our sole and absolute discretion, they fail to meet any legal, technical, aesthetical or any other applicable standards for publication on the Website. We may choose to remove the Products from our Website at any time and for any reason whatsoever.
4. Prices and Payment Architects' Terms. Generally, the Products will be sold at the price you indicate when you upload the Products. Homboo will collect a servicing fee ranging between 20-25%, or such higher percentage as indicated when you upload the Products, of the purchase price of the Products as compensation for its services. We reserve the right to periodically review and change purchase prices of the Products; to increase the prices of fast-selling Products; to decrease the price of slow-selling Products to encourage sales; and to apply promotions and discounts to the purchases of Products. In case of price variations, we will provide you with ten (10) days' advance notice specifying the new price at which your Products will be offered on Homboo and you will be able to withdraw them from sale if you do not wish to sell them at the then established price.
5. Content
(a) When you upload the Products, you retain your ownership rights in the Products and you grant us an irrevocable, perpetual, non-exclusive, transferable, free, worldwide license to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt in whole or in part and distribute such Products, for any purpose in connection with the Website or the promotion of the Website, and to prepare derivative works of, or incorporate into other works, such Products in connection with the Website or the promotion of the Website.
(b) You also hereby grant each User purchasing the Products a License, as such term is defined in the Website Terms of Use.
(c) You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of the Products. We make no warranty that the Products are made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your Products; (2) we have no responsibility or liability for the deletion or failure to store any Products, whether or not the Products was actually made available on the Website; and (3) any and all Products submitted to the Website is subject to our approval. We may reject, approve or modify the publication and offer on the Website of your Products at our sole discretion.
(d) You represent and warrant that your Products:
(i) do not and will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
(ii) do not and will not violate any law or regulation;
(iii) do not and will not be defamatory or trade libelous;
(iv) do not and will not be obscene or contain child pornography;
(v) do not and will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
(vi) do not and will not contain material linked to terrorist activities.
(vii) do not and will not include incomplete, false or inaccurate information about User or any other individual;
(viii) do not and will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(e) Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
(f) We provide unmonitored access to third party Products, including User feedback and articles with original Products and opinions (or links to such third-party Products). We only act as a portal and have no liability based on, or related to, third party Products on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
(g) The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the Products, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party Products, links to third party Products and/or websites is at your risk.
(h) In relation to deletion or hiding of any information or Products, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of Products or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
6. Delivery of the Products. We will arrange for the electronic or physical delivery of the Products to the User. Please check the individual product page for specific delivery options. We are not liable for any delays in shipments.
7. Indemnification.
(a) BY CHOOSING TO SELL YOUR PRODUCTS THROUGH THE SITE, YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED FORESEEABLE AND UNFORESEEABLE RISK, DANGERS, AND HAZARDS, AND YOU AGREE THAT THE WE ARE NOT RESPONSIBLE FOR ANY DEATH, INJURY, DAMAGE, OR COST CAUSED BY YOU OR THE PRODUCTS WITH RESPECT TO ANY PERSON OR PROPERTY. YOU ACKNOWLEDGE THAT YOU ARE AWARE THAT INCORRECT ARCHITECTURAL PLANS MAY RESULT IN CONSTRUCTION DEFECTS WHICH CAN CAUSE ECONOMIC LOSSES AND PERSONAL INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY. YOU WILL DEFEND, INDEMNIFY, HOLD HARMLESS AND REIMBURSE US FROM AND FOR ALL DAMAGES, LOSSES, COSTS, JUDGMENTS, SETTLEMENT PAYMENTS OR EXPENSES (INCLUDING LEGAL FEES) INCURRED BY US OR PAID TO ANY PERSON IN RESPECT OF ANY ACCIDENT, INJURY, LOSS, OR PROPERTY DAMAGE, HOWEVER CAUSED RESULTING FROM, ARISING OUT OF, OR OTHERWISE IN CONNECTION WITH THE USE OF THE SITE OR THE PRODUCTS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO EXERCISE FULL CONTROL OF OUR DEFENSE AT YOUR EXPENSE PURSUANT TO THIS SECTION 8(B) AND WE SPECIFICALLY RESERVE THE RIGHT TO: (1) SELECT COUNSEL OF OUR CHOICE TO DEFEND AGAINST ANY CLAIMS; AND (2) TO SETTLE ANY CLAIMS, WITH OR WITHOUT PRIOR NOTICE TO YOU. (b) FOR PURPOSES OF THIS SECTION "WE" INCLUDES Inversiones Digitales Homboo S.L AND ALL OF ITS OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS.
8. Privacy. Our Privacy Policy, www.homboo.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
9. Governing Law and Jurisdiction. All matters arising out of or relating to these Architects' Terms are governed by and construed in accordance with the internal laws of the State of Spanish without giving effect to any choice or conflict of law provision or rule (whether of the State of Spanish or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Spanish.
10. Waiver of Jury Trial. YOU HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON THIS OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE ARCHITECTS' TERMS. YOU REPRESENT AND WARRANT THAT THE WAIVERS CONTAINED IN THIS SUBSECTION HAVE BEEN VOLUNTARILY MADE AFTER HAVING THE OPPORTUNITY TO REVIEW THE SAME WITH COUNSEL OF YOUR CHOICE.
11. Assignment. You will not assign any of your rights or delegate any of your obligations under these Architects' Terms. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Architects' Terms.
12. No Waivers. The failure by us to enforce any right or provision of these Architects' Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Homboo.
13. No Third-Party Beneficiaries. These Architects' Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
14. Notices.
(a) To You. We may provide any notice to you under these Architects' Terms by:
(i) sending a message to the email address you provide or
(ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Architects' Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to [SELLER NAME AND ADDRESS]. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
15. Severability. If any provision of these Architects' Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Architects' Terms and will not affect the validity or enforceability of the remaining provisions of these Architects' Terms.
16. Entire Agreement. These Architects' Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Architects' Terms.
Accept the terms and conditions