Terms & Conditions
Digital Commerce Group GmbH (“DCG,” “Hometastic”, “we,” “us,” “our”) owns and operates the DCG shopping networks, network of websites including hometastic.co mobile applications, and any other linked and related pages, content, features, products, software, and tools offered by DCG (the “Services”).
1. ELIGIBILITY TO USE SERVICES
You must be 18 years or older to use our Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
By accessing the Services, you represent and warrant to DCG that: (i) you are an individual (i.e., not a corporation) at least 18 years old; (ii) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
2. REGISTRATION FOR CERTAIN SERVICES
You may be required to create a Hometastic account (“Account”) by registering and selecting a password and username to use certain Services. You may not select or use the Account belonging to another person. Each individual person is limited to one Account. You shall provide DCG with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. DCG reserves the right to refuse registration of, or cancel a Hometastic User ID in its discretion.
If you are accessing the Services through a third party site or service (such as “Facebook Connect”), DCG may require that your Hometastic login credentials be the same as your login credentials for such third party site or service. By providing your third party account credentials to DCG, you are consenting to have the information in those accounts transmitted into your Hometastic account. You shall only use third party accounts owned by you and not by any other person or entity.
3. MODIFICATION OF TERMS
DCG reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the DCG website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
4. USER SUBMISSIONS
In the course of using the Services, you and other users may provide content or information which may be used by DCG in connection with the Services and which may be visible to certain other users. By posting information, images, video, blogs, or other content on the Services (collectively, “User Submissions”) or otherwise providing User Submissions to DCG or in connection with the Services, you hereby grant to (i) DCG a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services and DCG’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.
The foregoing license grant to DCG does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You, not DCG, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to DCG and to grant DCG the rights to use such information in connection with the Services and as otherwise provided herein.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that DCG will not be liable for any errors or omissions in any such content. You understand that DCG cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, DCG cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Copyrights. All materials displayed or performed on the Services, including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video, and User Submissions (also known as the “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of DCG or the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Guidelines for Posting and/or Viewing. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
- Any comment made using your identity or Account will be deemed to have been posted by you.
- Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
- You shall not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- You shall not make false or misleading statements.
- You shall not offer to sell or buy any product or service, or post links to third party websites, without prior written permission from DCG in connection with a feature of the Services.
- You shall not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
- You shall not post information that is confidential or sensitive.
- You shall not post any content that objectionable or illegal (as described below), or could create a risk of harm, loss or damage of any kind.
You are solely responsible for the content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.
Objectionable or Illegal Content. You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by DCG in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
Company’s Right to Monitor. DCG has no obligation and assumes no responsibility for monitoring the Services or User Submission for inappropriate Content or conduct of its users. However, DCG reserves the right to monitor, block or remove Content (including disabling access to User Submissions that you have downloaded through the Service) for any or no reason without notice to you. If DCG chooses, in its sole discretion, to monitor the Services, DCG assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content.
Company’s Right to Remove Content. DCG reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.
No Endorsement. You acknowledge that DCG does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee.
6. DCG INTELLECTUAL PROPERTY AND LIMITED LICENSES
The technology and the software underlying our Services is the exclusive property of DCG. Subject to your compliance with this Agreement, DCG grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by DCG in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of DCG, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to DCG or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. You are prohibited from bidding on keywords containing “DCG” or other similar words or marks, including, but not limited to, misspellings thereof, for the purpose of driving traffic to your pages. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of DCG, its affiliates, or any third party.
All rights not expressly granted under this Agreement are reserved by DCG and/or its licensors.
7. YOUR REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not use the Services or contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party or misappropriate the trade secrets of any third party in connection with your use of the Services; (ii) violates any law, statute, rule, ordinance or regulation or otherwise constitutes manipulative or misleading activity; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without DCG’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of DCG.
8. RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES
Any violation of this Agreement, including, but not limited to the above may be grounds for termination of your right to access or use the Services. DCG reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that DCG deems in its sole discretion to be an illegal or unauthorized use of the Services. DCG will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
9. INTERNATIONAL USE; EXPORT CONTROLS
The Services are offered by DCG from its facilities in the United States of America. DCG makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export control laws. No software may be downloaded from the Services or otherwise exported or re-exported in violation of the export control laws of the United States.
10. DISCLAIMER OF WARRANTIES
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE SERVICE. DCG DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, DCG DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT, THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS OR OF ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS RETAILERS IN CONNECTION WITH THE SERVICES.
Without limiting the generality of the foregoing, DCG makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). DCG displays suggested retail prices for goods offered on the Services based on pricing information provided by vendors, retailers, and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Hometastic website.
12. ELECTRONIC COMMUNICATIONS
You agree to indemnify, defend, and hold DCG and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to or use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. You agree to cooperate fully as reasonably required in defense and/or settlement of any claim. We reserve the right, in our sole discretion, to assume exclusive control over the defense and/or settlement of any matter subject to indemnification by you.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL DCG OR ITS RETAILERS, SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU OR $50 USD; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS, LOST PROFITS, LOSS OF USE, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND DCG’S REASONABLE CONTROL.
15. INTERACTION WITH THIRD PARTIES
Your interactions with organizations, Retailers, and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, Retailers, and/or individuals. A product purchased from any Retailer through the Services, is governed by and subject to the applicable Retailer policies, including applicable exchange and shipping policies. You agree that we are not agents of any Retailer and that Retailers operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Retailer is solely between you and that Retailer. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that DCG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that DCG is under no obligation to become involved.
16. MODIFICATION AND TERMINATION
DCG reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. DCG may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.
Upon any termination, all provisions of this Agreement which by their nature are intended to survive performance hereof by you or DCG, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
17. NO WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. DCG shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DCG’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
18. GOVERNING LAW AND ARBITRATION
The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with Swiss laws and you may bring legal proceedings in Swiss courts of Zurich.
19. NO ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by you except with DCG’s prior written consent. DCG may transfer, assign or delegate this Agreement and its rights and obligations without consent.
20. ENTIRE AGREEMENT
You and DCG agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice to email@example.com, or by mail to:
Digital Commerce Group GmbH
CH – 8005 Zürich
Attn: Legal Department
If you have any questions or notices of violation of this Agreement, please contact us at firstname.lastname@example.org, or by mail to:
Digital Commerce Group GmbH
CH – 8005 Zürich