Our Terms Of Use

We are truly excited to have you aboard. Thank you for choosing to use our services.


Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Home Project Designs offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at homeprojectdesigns.policies@gmail.com.

 

1. Introduction

 

1.1. Our Purpose

Our services offer our users the ability to easily create beautiful and highly functional online experience. As detailed below, we offer our users numerous services and products through our online e-commerce platform, newsletters, galleries, and other online services.

 

1.2. Legal Agreement

These Home Project Designs.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our products and services and as presented on the Home Project Designs.com website(s) (“Home Project Designs Website”, and collectively – the “Home Project Designs Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Home Project Designs Website, the Home Project Designs mobile application (the “Home Project Designs App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Home Project Designs Website or the Home Project Designs App, collectively – the “Home Project Designs Services” or “Services”).

 

The Home Project Designs Terms constitute a binding and enforceable legal contract between Home Project Designs.com Ltd. and its affiliated companies and subsidiaries worldwide (“Home Project Designs”, “us” or “we”) and you in relation to the use of any Home Project Designs Services - so please read them carefully.

 

You may visit and/or use the Home Project Designs Services and/or the Home Project Designs App only if you fully agree to the Home Project Designs Terms - and by using and/or registering to any of the Home Project Designs Services, you signify and affirm your informed consent to these Terms of Use and any other Home Project Designs Terms applicable to your use of any Home Project Designs Services. If you do not read, fully understand and agree to the Home Project Designs Terms, you must immediately leave the Home Project Designs Website and avoid or discontinue all use of the Home Project Designs Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at https://www.homeprojectdesigns.com/privacy-policy (“Privacy Policy”).

 

By visiting our website or purchasing our products and/or services, you are entering into a legal agreement with us, consisting of these Terms of Use, and our additional services’ legal terms. 

 

By using our services, you signify your consent to these terms and you acknowledge that you have read our Privacy Policy. You may not use our services if you do not consent to all our terms.

 

1.3. User Account

In order to access and use certain sections and features of the Home Project Designs Services, you must first register and create an account with Home Project Designs (“User Account”).

 

If anyone other than yourself accesses your User Account and/or any of your User Account’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Home Project Designs Services), make changes to your User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

 

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust as you will be solely and fully responsible for all activities that occur under your User Account (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

 

You must provide accurate and complete information when registering your User Account and using the Home Project Designs website, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

  1. Home Project Designs will consider the owner of a User Account, and/or User Content created and/or uploaded to the relevant Home Project Designs Service, as the person or entity who has access to the e-mail address then listed in Home Project Designs records for such User Account under which such User Content was created.

  2. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Home Project Designs will consider the owner of such User Account and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”).

  3. Notwithstanding the forgoing, Home Project Designs shall have the right to determine the ownership of User Content, including by ignoring the indications set forth above, in event Home Project Designs deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Home Project Designs.  

 

To use certain of our services, you need to create a user account.

You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.

All activities that occur under your user account or website are your responsibility.

The account information you provide us must be your own (or your company’s), and be accurate and complete.

 

When a user account is disputed, we may determine the ownership of such user account. 

 

2. Your Obligations

 

2.1. You represent and warrant that:

  1. you are at least thirteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Home Project Designs Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Home Project Designs Terms;

  2. you are not a resident of (or will use the Home Project Designs Services in) a country that the U.S. government has embargoed for use of the Home Project Designs Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;

  3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

  4. you understand that Home Project Designs does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

    And specifically regarding your User Content:

     

  5. you have (and will maintain) the full power, title, licenses, consents and authority to allow Home Project Designs Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.

  6. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Account reside, or for Home Project Designs and/or your End Users to access, import, copy, upload, use or possess in connection with the Home Project Designs Services;

  7. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

 

In order to use our services, there are certain obligations and conditions you need to meet among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.
 

In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable Home Project Designs or your end users to do with it) is legal.

 

2.2. You undertake and agree to:

  1.  fully comply with all applicable laws and any other contractual terms which govern your use of the Home Project Designs Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

  2.  be solely responsible and liable with respect to any of the uses of the Home Project Designs website which occur under your User Account, and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Home Project Designs Services);

  3.  regularly and independently save and backup any of your User Content and the information that is being processed by you regarding including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;

  4.  receive from time to time promotional messages and materials from Home Project Designs or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;

  5.  allow Home Project Designs to use in perpetuity, worldwide and free of charge, any version of your User Account (or any part thereof) for any of Home Project Designs’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Home Project Designs or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Account with respect to such limited permitted uses;

  6.  Home Project Designs’s sole discretion as to the means, manner, and method for performing the Home Project Designs Services, including those regarding the hosting, transmission, publication and/or display of any User Accounts and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

  7. ​ Home Project Designs shall have the right to offer the Home Project Designs Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Home Project Designs Services in each price plan etc.

 

List of Musts

  1. You must comply with all applicable laws

  2. You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.

  3. You shall regularly save backups of your content.

  4. You agree that we or our partners may send you promotional messages and content. You can easily opt-out of receiving promotional messages by contacting us.

  5. You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.

  6. You agree that Home Project Designs has the right to impose and change price plans for its Services. Additionally, Home Project Designs may impose restrictions depending on your specific usage of the Service.

 

2.3. You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Home Project Designs Website, the Home Project Designs Services (or any part thereof), any Content offered by Home Project Designs or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Home Project Designs’s prior written and specific consent and/or as expressly permitted under the Home Project Designs Terms;

  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Home Project Designs or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;  

  5. upload, insert, collect or otherwise make available within the Home Project Designs Website or the Home Project Designs Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

  6. publish and/or make any use of the Home Project Designs Services or Licensed Content on any website, media, network or system other than those provided by Home Project Designs, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Home Project Designs Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Home Project Designs, in advance and in writing;

  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Home Project Designs Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Home Project Designs Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Home Project Designs Services;

  8. act in a manner which might be perceived as damaging to Home Project Designs reputation and goodwill or which may bring Home Project Designs into disrepute or harm;

  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Home Project Designs or Home Project Designs Marks and/or variations and misspellings thereof;

  10. impersonate any person or entity or provide false information on the Home Project Designs Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Home Project Designs and/or any End Users;

  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Home Project Designs or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;

  12. reverse look-up, trace, or seek to trace another User of Home Project Designs Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Home Project Designs Services and/or User Platform without their express and informed consent;

  13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Home Project Designs Services, User Platform, the account of another User(s), or any other systems or networks connected to the Home Project Designs Services, by hacking, password mining, or other illegitimate or prohibited means;

  14. probe, scan, or test the vulnerability of the Home Project Designs Services or any network connected to the Home Project Designs Services;

  15. upload to the Home Project Designs Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

  16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Home Project Designs Services or Home Project Designs systems or networks connected to the Home Project Designs Services, or otherwise interfere with or disrupt the operation of any of the Home Project Designs Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

  17. use any of the Home Project Designs Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chainletters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

  18. access to Home Project Designs Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

  19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Home Project Designs Services, except as expressly permitted by the Home Project Designs Terms;

  20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Home Project Designs Services and/or Licensed Content; or

  21. violate, attempt to violate, or otherwise fail to comply with any of the Home Project Designs Terms or any laws or requirements applicable to your use of the Home Project Designs Services.

  22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

 

List of Don’ts

In general, we just want you to be nice, and avoid doing anything that might harm us or anyone else.

Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.

 

Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.

 

3. Content and Ownership

 

3.1. Home Project Designs’s Intellectual Property

All rights, title and interest in and to the Home Project Designs Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Home Project Designs Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Home Project Designs.

 

Subject to your full compliance with the Home Project Designs Terms and timely payment of all applicable Fees, Home Project Designs hereby grants you, upon creating your User Account and for as long as Home Project Designs wishes to provide you with the Home Project Designs Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Home Project Designs Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Home Project Designs Terms, and solely within the Home Project Designs Services.

 

The Home Project Designs Terms do not convey any right or interest in or to Home Project Designs’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Home Project Designs Terms constitutes an assignment or waiver of Home Project Designs’s Intellectual Property rights under any law.

In addition to the above, certain fonts made available to you within the Home Project Designs Services, are licensed to Home Project Designs by a third party provider, and are therefore subject to additional license terms of such provider, which are summarized and available for your review at https://www.homeprojectdesigns.com/terms-of-use

 

We own all rights in and to our services, content, data, technology and features.

You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.

Certain fonts which are available to you are licensed by a third party, make sure you read their terms as well.

 

3.2. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Home Project Designs Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Home Project Designs. By providing such Feedback to Home Project Designs, you acknowledge and agree that it may be used by Home Project Designs in order to:

  1. further develop, customize and improve of the Home Project Designs Services,

  2. provide ongoing assistance and technical support,

  3. contact you with general or personalized Home Project Designs -related notices and/or interview requests based on your feedback or otherwise,

  4. facilitate, sponsor and offer certain promotions, and monitor performance,

  5. to create aggregated statistical data and other aggregated and/or inferred information, which Home Project Designs may use to provide and improve its services,

  6. to enhance Home Project Designs data security and fraud prevention capabilities, and

  7. to comply with any applicable laws and regulations. In addition, you

1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights;

2) irrevocably assign to Home Project Designs any right, title and interest you may have in such Feedback and

3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

 

We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.

 

4. Privacy

Certain parts of the Home Project Designs Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Home Project Designs Services, Home Project Designs and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Home Project Designs Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

 

We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information

 

5. Service Fees

5.1. Paid Services

The use of certain Home Project Designs Services may be subject to payment of particular fees, as determined by Home Project Designs in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Home Project Designs will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

 

Home Project Designs reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Home Project Designs shall have the right to automatically and without notice renew your subscription to such Home Project Designs Service(s) at the full applicable Fee.

 

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Home Project Designs. To the extent permitted by law (and unless specified otherwise by Home Project Designs in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Home Project Designs Services, or to any payments or purchases made by you. If Home Project Designs is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Home Project Designs is not responsible for any such additional fees or costs.

 

As part of registering or submitting information to receive Paid Services, you also authorize Home Project Designs (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment  and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Home Project Designs or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

You must keep a credit card stored with Home Project Designs to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your Account Settings Page.

Some of our services cost money. We will let you know how much beforehand

Our prices are stated in U.S. Dollars and before taxes, unless otherwise said. 

If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.

 

5.2. Invoices

Home Project Designs and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Home Project Designs (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only. 

 

Invoices for our paid services will be available in your user account. 

 

5.3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off  the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Home Project Designs will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Home Project Designs will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.  

5.4. Money-Back Guarantee

If you are not satisfied with Home Project Designs Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Home Project Designs Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Home Project Designs services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the Home Project Designs Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Home Project Designs Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Home Project Designs receives such notice within such Refund Period, Home Project Designs will refund to you the amount Home Project Designs charged you for such Home Project Designs Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Home Project Designs will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Home Project Designs Services actually received, as permitted by law.

 

5.5. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Home Project Designs account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Home Project Designs Services may be automatically disabled or terminated. 

 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below). 

 

Your use of the Home Project Designs Services will not resume until you re-subscribe for any such Home Project Designs Services, and pay any applicable Fees in full, including any fees and expenses incurred by Home Project Designs and/or any Third Party Services for each Chargeback received (including Fees for Home Project Designs Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

If you have any questions or concerns regarding a payment made to Home Project Designs, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Home Project Designs Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Home Project Designs Services purchased (and charged-back) by you.

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

 

Chargebacks may bring us to cancel your account, so we urge you to avoid causing them.

Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.

 

6. Cancellation

 

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any Home Project Designs Services at any time, in accordance with the instructions available on the Home Project Designs Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Home Project Designs Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

 

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional subscription renewals.

 

6.2. Cancellation by Home Project Designs

Failure to comply with any of the Home Project Designs Terms and/or to pay any due Fee shall entitle Home Project Designs to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Home Project Designs Services (e.g., Paid Services) or Third Party Services to you. 

If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.

 

6.3. Loss of Data, Content and Capacity

If your User Account or any Home Project Designs Services or Third Party Services related to your User Account are cancelled (whether at your request or at Home Project Designs’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Home Project Designs shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Home Project Designs Services following their cancellation, as determined by Home Project Designs in its sole discretion.

If your account or any of your services are cancelled, it may result in loss of content and data. You are responsible to back up your data and materials.

 

 

7. E-Commerce Third Party Services

The Home Project Designs Services enable you to engage and procure certain third party services, products and tools for enhancing your E-Commerce experience with sellers of tangible products, third party designers etc. (collectively, “Third Party Services”).

 

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you, or otherwise offered anywhere on the Home Project Designs[HP1]  website), Home Project Designs merely acts as an Ecommerce platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Home Project Designs will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.

You acknowledge that such services may require the payment of additional amounts to Home Project Designs and/or to the providers of such Third-Party Services.

 

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

If you use third parties' services, you declare that you act in compliance with their terms of use.

 

While we hope to avoid such instances, Home Project Designs may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Home Project Designs Services, any Third Party Services – whether or not incorporated with or made part of your User Account) at such time – without any liability to you or to any End Users. Our services enable you to get various products and tools from third parties that are not affiliated with us.

 

Since we only act as an intermediary platform between you and such parties, only you will be responsible for your engagements with them.

 

We can remove services at any time, which may affect your website, user account or overall experience. 

 

8. Misconduct and Copyrights

8.1. Misconduct and Abuse

When using the Home Project Designs, you may be exposed to User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Home Project Designs with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Home Project Designs, please immediately report such User and/or Third Party Service to us email at contact.homeprojectdesigns@gmail.com. You agree that your report shall not impose any responsibility or liability upon Home Project Designs, and that Home Project Designs may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.

 

 8.2. Copyrights

Home Project Designs acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via email at contact.homeprojectdesigns@gmail.com, or otherwise provide the following information in writing to our designated Copyright Agent:

1) the contact details of the person authorized to act on behalf of the owner of the copyright;

2) a description of the copyrighted work that you claim has been infringed;

3) a description of the material that you claim 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 sufficient to permit Home Project Designs to locate the material (including URL address).

4) a statement that you have 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

5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

Home Project Designs Copyright Agent can be reached at the following address:

 

Home Project Designs 

315 Yardmaster Avenue

Coaldale, Alberta, Canada  

T1M 1P6

 

Telephone Number: 1-587-394-6662

 

E-mail: homeprojectdesigns.policies@gmail.com

 

In the event that Home Project Designs receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include:

1) your full name, address, phone number and physical or electronic signature;

2) identification of the material and its location before removal;

3) a statement under penalty of perjury that the material was removed by mistake or misidentification;

4) your consent to an appropriate judicial body; and

5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Home Project Designs’s sole reasonable discretion. Home Project Designs reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

 

We respect the intellectual property rights of others.

 

If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA.

 

If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account. 

 

9. Disclaimer of Warranties

We provide the Home Project Designs Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Home Project Designs Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Home Project Designs Services – so please be sure to verify those before using or otherwise engaging them.

 

Home Project Designs may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Home Project Designs be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Home Project Designs Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Home Project Designs shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the Home Project Designs Services and/or connecting and/or dealing with any Third Party Services through or in connection with Home Project Designs Services, and that Home Project Designs cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

 

Home Project Designs does not recommend the use of the Home Project Designs Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

 

10. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Home Project Designs, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from

1) errors, mistakes, or inaccuracies of or in any content;

2) any personal injury or property damage related to your use of the Home Project Designs Services;

3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein;

4) any interruption or cessation of transmission to or from the Home Project Designs Services;

5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Home Project Designs Services; 

6) events beyond the reasonable control of Home Project Designs, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or

7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Home Project Designs Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Home Project Designs’s services to you, and such limitations will apply even if Home Project Designs has been advised of the possibility of such liabilities.

 

Subject to applicable law, we will not be liable for any damages.

 

11. Indemnity

You agree to defend, indemnify and hold harmless Home Project Designs, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from:

1) your violation of any term of these Terms of Use or any other Home Project Designs Terms;

2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Home Project Designs Services, including, without limitation, Home Project Designs Services’ actions for your benefit; and/or

3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.

 

12. General

 

12.1. Changes & Updates

Home Project Designs reserves the right to change, suspend or terminate any of the Home Project Designs Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Home Project Designs Services (including removal of any materials created by you in connection with the Home Project Designs Services) for any reason and/or change any of the Home Project Designs Terms with or without prior notice - at any time and in any manner.

You agree that Home Project Designs will not be liable to you or to any third party for any modification, suspension or discontinuance of those Home Project Designs Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Home Project Designs Services without enabling such changes, or provide you with alternative Services.

We may make changes to our services or to these terms at any time.

 

12.2. Governing Law & Jurisdiction; Class Action Waiver

The Home Project Designs Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Home Project Designs Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Home Project Designs Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.

 

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Lethbridge, Alberta, Canada. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and Home Project Designs shall only be resolved on an individual basis and you shall not have the right to bring any claim against Home Project Designs as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).   

Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Home Project Designs will be the Province Of Alberta, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Lethbridge, Alberta, Canada.

These terms and our relationship shall be governed by the laws of the Canada. Any disputes between us may only be brought before the courts of Lethbridge, Alberta, Canada.

 

12.3. Notices

We may provide you with notices in any of the following methods: (1) via the Home Project Designs Services, including by a banner or pop-up within the Home Project Designs Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Home Project Designs’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

 

12.4. Relationship

The Home Project Designs Terms, and your use of the Home Project Designs Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Home Project Designs and you.

We may provide you with notices via our services, by e-mail or through any other contact means you provided us.

 

Accepting these terms and services does not form a partnership or any special relationship between us.

 

12.5. Entire Agreement

These Terms of Use, together with the Home Project Designs Terms and any other legal or fee notices provided to you by Home Project Designs, shall constitute the entire agreement between you and Home Project Designs concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Home Project Designs and you, including those made by or between any of our respective representatives, with respect to any of the Home Project Designs Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Home Project Designs in entering into any of the Home Project Designs Terms.

 

These terms (together with additional terms) shall constitute the sole and entire agreement between us

 

12.6. Assignment

Home Project Designs may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Home Project Designs Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Home Project Designs. Any attempted or actual assignment thereof without Home Project Designs’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either Home Project Designs or you the right to cancel any Home Project Designs Services or Third Party Services then in effect.

 

We may assign our rights and obligations to other parties. You may only do so with our prior written consent

 

12.7. Severability & Waivers

If any provision of the Home Project Designs Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Home Project Designs Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

These terms are independent from each other, in case any of them is found invalid.

 

12.8. Interpretation

These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your Home Project Designs Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

 

12.9. Customer Service Contact

To get in touch with our Customer Service send an email message to: contact.homeprojectdesigns@gmail.com.