Homboo™ Terms & Conditions
When in these Terms and Conditions we use expressions such as "we", "us" or "Homboo™" we are referring to Inversiones Digitales Homboo S.L, a Madrid, España corporation, and its subsidiaries, divisions and affiliates. These Terms and Conditions of Use are applicable to any websites operated by us at which they are posted.
Homboo™ facilitates a service, which allows Homboo™ customers (the "Users") to buy a limited license, subject to the terms and conditions contained herein (the "License"), on architectural building plans (the "Products") from architects that have registered and uploaded their products on Homboo™ (the "Architects"), using the Homboo™.com website. Only registered Users and Architects can buy and sell on Homboo™. Registration is free of charge.
For additional terms and conditions specifically applying to the Architects, please refer to our Architects’ Terms and Conditions for the Use of Homboo™’s Services.
Site Use Guidelines
Please bear in mind that the products and architects information and specifications that are described on our website are provided solely for your reference. Therefore, we recommend to always check the product information and specifications before making purchases. For clarifications on the features of a product please contact us.
Information and specifications of products are only presented by Homboo™ as a reference and Homboo™ do not represent or warrant to provide accurate information.
When accessing our website, you agree to refrain from unlawful purposes. Hence you agree you will not to do any of the following:
–Transmit or upload on the website material that may be considered defamatory, harassing, obscene, indecent, violent or otherwise improper, nor any material that is, or may be, protected by copyright, without permission from the copyright owner.
–Use the website in order to violate the legal rights of third parties or to engage in activities in breach of legal provisions in any jurisdiction.
–Limit or prevent use of the website by third parties.
–Gain access or attempt to gain access to e-mails where you are not the addressee
–Mislead others with respect to your affiliation with any person or organization when such affiliation is nonexistent.
–Use the website to promote or solicit for business.
–Upload or otherwise transmit files that contain a virus or corrupted data.
–Gather information from third parties with no authorization to do so.
–Download or upload files or software in breach of legal provisions such as, but not limited to, intellectual property law or in breach of non-disclosure and confidentially contracts or rules regarding privileged and confidential information protected by professional secret.
–Distribute "spam," or other type of mass unsolicited e-mails.
–Participate or undertake any action that may harm Homboo™ or other users of the website or expose either of them to liability.
Homboo™ may at any time, but do not undertake the obligation to, proceed as follows:
–Remove any material posted by users that is or is suspected to be in breach of copyright laws.
–At its sole discretion terminate or suspend any user's access to all or part of the website, without previous notice.
Homboo™ is entitled to, but does not undertakes the obligation to, review materials posted by users before or after upload. Therefore, Homboo™ is not liable for harm or damage inflected by such material.
Please bear in mind that non-compliance with these Terms and Conditions of Use shall result in termination of your subscription and may expose you to civil and/or criminal liability.
Proprietary Rights to Content
You hereby agree and recognize Homboo™ –and/or its licensors- as the legal owners of all content posted on the website, including data compilation, text, audio, images, software, logos, photographs, data, graphics, icons, and video material. Thus, our properties are protected by U.S. and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Users may only use Homboo™ content in their capacity as users of our website. No user may whatsoever copy, reproduce any of the material on the websites without our prior written consent.
Access and Interference
By accessing our website, you agree that you will not:
–Copy or monitor any of the materials on the website for any unauthorized purpose.
–Interfere with proper operation of the website by imposing a disproportionately or unreasonable workload on our infrastructure or by any other illegitimate mean.
–Access our website using automatic devices.
The name of Homboo™ and all graphics, page leaders, logos, service names and designs are trademarks property of Homboo™ which may not be used without Homboo™’s written consent. Homboo™ may display products names and other intellectual property of third parties for identification purposes. In any case rights over such intellectual property remain with their owners.
Transactions with other merchants
You may contact and execute business transactions with other merchants whose contact information is on display at our website or whose site has a link in our Website. It is understood that Homboo™ is not a party in such transactions and, therefore, not liable for any loss, liability, obligation or damage any party to the transactions may incur and/or sustain. Hence, please read carefully the terms and conditions applicable to such transactions as provided by those other merchants, including privacy policies and return/refund policies.
Costumer's account obligations
All users undertake to deal with Homboo™ in good faith. Accordingly, all information provided by users to Homboo™ must be true, up to date and accurate. Furthermore, users shall update such information as changes occur.
Homboo™ reserves the right to suspend or terminate any user account if false, outdated or inaccurate information has been provided or if Homboo™ may reasonably suspect that is the case.
Terms of purchase of the products
The Architects, as applicable retain ownership and all intellectual property rights on the Products. When Homboo™ provides you with the purchased Products, you are thereby granted by the applicable Architect, subject to these Terms, a limited, non-exclusive License to use the Products to construct the building as depicted in the Products one time and one time only; and to modify and reproduce the Products solely to the extent required for purposes of satisfying your specific needs and/or to meet the requirements of local building codes, ordinances or regulations in completing.
The License is subject to the following restrictions, requirements and conditions:
–You shall not assign, sublicense or transfer the Products to others.
–Unless you purchased a multi-license package, you shall not re-use the Products to construct additional buildings, without the prior written consent of Homboo™, which consent shall require payment of a re-use fee and may be subject to additional conditions, as specified by Homboo™ in its sole and absolute discretion.
–You shall not, and shall not authorize or permit anyone else to, sell, redistribute or publish the Products, or otherwise disclose the Products to anyone other than contractors, consultants, lenders or governmental agencies as reasonably required for the purpose of constructing the building depicted in the Products.
The Products are not meant to be complete architectural plans for the construction of a building and they are provided for your reference only. For example, the Products may lack the description of certain systems which are essential for the operation of a building.
Homboo™ strongly recommends that, prior to beginning any construction, you have the Products reviewed and approved by an architect or engineer who is licensed in the jurisdiction in which you will be constructing your building. The review and approval of the Products by a locally licensed professional may be required under the laws of your jurisdiction.
It is your responsibility to: (1) ensure that all construction work based on the Products is performed in a workmanlike manner and in accordance with all applicable national, state, and local building codes, construction industry standards and other applicable laws; (2) ensure that you obtain the required permits and inspections to construct the building depicted in the Products; (3) verify the accuracy of the Products; (4) ensure that all materials, equipment and components used in the buildout are new and of good quality; (5) ensure that all contractors and subcontractors involved in the buildout maintain, sufficient liability and other insurance coverages with insurance companies licensed in the applicable locations.
All sales are final. No refund or exchanges shall be granted once orders have been processed.
Liability of Homboo™ and its Licensors
Users understand that content, materials, services, products and information presented by Homboo™ on the Website are not error and/or failure free. Hence users acknowledge, agree and consent to use the Website and the Products at their own risk. Homboo™ makes no representations or warranties of any kind regarding the Website, the Products or any other content hosted on the Website, which are provided on an "as is" or "as available" basis. Therefore, the Products may contain errors and omissions for which Homboo™ is not responsible.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTY WITH RESPECT TO AVAILABILITY OF PRODUCTS, OR REGARDING THEIR QUALITY AND SPECIFICATIONS. HOMBOO™ DOES NOT WARRANT THAT WEBSITES AND/OR SERVERS MAKING AVAILABLE PRODUCTS, MATERIALS OR SERVICES SHALL OPERATE UNINTERRUPTED OR FREE OF VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, MALWARE OR OTHER HARMFUL ELEMENTS. THUS, HOMBOO™ IS NOT LIABLE FOR ANY LOSS OR DAMAGE FROM CONTENT MATERIAL AND/OR SOFTWARE DOWNLOADED BY USERS FROM THE WEBSITE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HOMBOO™, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, THE PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you are not satisfied with any portion of the service, or with any of these Terms and Conditions of Use, we invite you to stop using our Website as it is the sole and exclusive remedy available to you.
Waiver of jury trial
Per these Terms and Conditions of Use, you irrevocably waive all right to trial by jury in any legal proceeding arising out of or related to these Terms and Conditions of Use, the use of the Website or any transactions concluded through the website.
We do not prepare, revise, supervise or control any of the Products offered on our Website. The availability of the Products through our Website does not indicate an affiliation with or endorsement of your Products. Accordingly, we do not assume any liability arising out of any purchase or use of the Products offered on our Website.
By purchasing Products through the Website, you assume full and complete responsibility for all related foreseeable and unforeseeable risk, dangers, and hazards, and you agree that we are not responsible for any death, injury, damage, liability, obligation, expense, 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.
Homboo™ reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, including without limitation, 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.
Non-Homboo™ websites and our links to them
Our Website may include connections to third-party websites. The third parties who manage those websites have their own protocols to collect information and use it. In this sense, we clarify we are not responsible for the content of those websites as well as their privacy practices. Such links are only included to cater to your needs. And its content is solely attributable to the respective site operator.
Social Media Sites
Our websites may include links that connect to third party social media websites, such as YouTube, Twitter and Facebook, among others. Those social media sites have their own privacy policies, which means that they may compile personal information from you and use and reveal such information based on their own policies. Therefore, please check the policies of those sites before sharing personal information therein.
Content and/or opinions uploaded, expressed or submitted by users on the website may only be attributed to its author and by no means to Homboo™. Hence all consequences and liabilities deriving from such content and/or opinions remain with the author.
By uploading content to the website, users represent they are legally entitled to use and distribute such content, either because is of public domain or because the hold proper legal title to it or are properly authorized by the legal owner. You understand that all content uploaded or transmitted to our website shall be of public access.
You grant Homboo™ the perpetual, worldwide, nonexclusive, irrevocable, royalty-free right and license to use all the content you upload or otherwise transmit to the website, including, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it, among others. For your rights and obligations when uploading Products, please refer to Section 5 our Architects’ Terms and Conditions for the Use of Homboo™’s Services.
These terms will be governed by and construed in accordance with the laws of the State of Madrid, España, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions of Use will be filed exclusively in the state or federal courts located in Wilmington, Madrid, España, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Notwithstanding the foregoing, you may also be subject to additional terms and conditions that may apply when you use a particular site, affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect.
Neither a course of dealing or conduct between you and Homboo™ nor any trade practices shall be deemed to modify these Terms and Conditions of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions of Use. Any rights not expressly granted herein are reserved by and for Homboo™.
Termination or suspension of access to website
Access to the Website shall depend on the conduct of users, which means that Homboo™ may terminate or suspend access to all or part of the Website, without notice, due to any conduct that at Homboo™’s sole discretion, is deemed in violation of any applicable law or this Terms and Conditions of Use or harmful to the interests of another user, a third-party provider, a service provider, or Homboo™.
Notice for claims of intellectual property violations
As per applicable laws, including the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C §512, as amended), Homboo™ takes seriously intellectual property protection and, accordingly, shall respond to notices of alleged copyright infringement. Please notify Homboo™ of any potential infringement submitting the following
–Your address, telephone number and e-mail address.
–An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
–A detailed description of the copyright work that you believe has been violated.
–The location on the website of the material that you claim has been violated such as Identification of the URL, or other specific location on the website.
–A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
–A 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.
If material that you have posted has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (i) a physical or electronic signature of the user; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Homboo™ may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person. You can contact our agent of complain of copyright violation on the Website at: _____. Address: _____.
Modification of these terms and conditions
These Terms and Conditions of Use are valid from August 1°, 2017, but can eventually be amended, adjusted and/or updated, so please check this section periodically for the current version.
In case these Terms and Conditions of Use are subject to considerable variation, we will make it public on our Website. Notwithstanding the foregoing access to the Website is deemed as acknowledgement and acceptance of these Terms and Conditions of Use in its current version at the time the Website is accessed.
All notices under these Terms and Conditions of Use are to be sent via e-mail. In the case of Homboo™ at: firstname.lastname@example.org
. In the case of users at the e-mail address provided upon registration on the Website.
All sales on HombooTM and customization/modifications are final. No refunds or exchanges will be given once the order placed and processed.