Site Content, Ownership, Limited License and Rights of Others
Content. The Site contains a variety of: materials and other items relating to Homehivemess Imports and its products and services, including all text, images, designs, illustrations, photographs, audio and video clips, music, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material; (ii) trademarks, logos, trade names, service marks, brand elements and trade identities of various parties, including those of Homehivemess Imports (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
Ownership. The Site and the Content are owned and/or controlled by Homehivemess Imports and our licensors and other third parties. All right, title, and interest in and to the Content is the property of Homehivemess Imports or our licensors or other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible.
Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Homehivemess Imports grants you a limited, non-exclusive, revocable, non-assignable, and non-transferable license to download, display, view, use, and/or play the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”), and/or print a copy of the Content for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Homehivemess Imports’ sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
Rights of Others. In using the Site, you must respect the intellectual property and other rights of Homehivemess Imports and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Homehivemess Imports respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Site, then please see Section 5 and Section 6 below.
Content You Submit and User Content Rules
User Content
General. Homehivemess Imports may now or in the future offer users of the Site the opportunity to submit, post, upload and display, on or through the Site text, images, graphics, photos, comments, responses, videos, ratings, reviews, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User Content”). Homehivemess Imports may allow you to do this through forums, blogs, message boards, social media sites, email, and other Site functionality. Subject to the rights you grant in these Terms, you retain whatever right, title, and interest that you have in your User Content and you remain ultimately responsible for it.
Non-Confidentiality of Your User Content. Except as otherwise described in the Site’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User Content will be treated as non-confidential – regardless of whether you mark them “confidential” or the like – and will not be returned, and (b) Homehivemess Imports does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Homehivemess Imports’ request, you will furnish us with any documents necessary to prove to our satisfaction that you maintain the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications are not 100% secure and you will consider this before submitting any User Content and do so at your own risk.
License to Homehivemess Imports of Your User Content. Except as otherwise described in any applicable Additional Terms, you grant to Homehivemess Imports the non-exclusive, unconditional, unlimited, worldwide, perpetual, irrevocable, and cost-free right and license to use, copy, exploit, record, distribute, reproduce, disclose, sell, sublicense, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise and promote the same. Without limitation, the granted rights include the right to: (a) host, store, digitize, edit and remove such User Content and combine with other materials, (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services, and (c) the right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or payment to you. Except as prohibited by law, you hereby waive any moral rights that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive anything for any of the rights granted to us in this Section 2(A)(iii).
Homehivemess Imports’ Exclusive Right to Manage our Venue. Homehivemess Imports may, but will not have any obligation to, review, monitor, post, store, maintain or otherwise make use of, any of your User Content, and Homehivemess Imports may, in its sole discretion, reject, delete, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, violent, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, the content restrictions set forth below in the Rules. Such User Content submitted to us need not be maintained on the Site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Site or elsewhere.
Representations and Warranties Related to Your User Content. Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Homehivemess Imports the rights to it that you are granting by these Terms and any Additional Terms, all without any Homehivemess Imports obligation to obtain consent of any third party and without creating any obligation or liability of Homehivemess Imports; (b) the User Content is accurate; (c) the User Content does not and, as to Homehivemess Imports’ permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
Enforcement. Homehivemess Imports has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content as we deem necessary.
User Content Rules. As a user of the Site, these User Content Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Site’s rating or review functionality, blogs and similar places where you can post User Content on the Site.
Don’t Damage the Site or Anyone’s Computers or Other Devices. Your User Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Site or any computer or other Device.If you submit User Content that Homehivemess Imports believes violates these Rules, then we may, in our sole discretion, take any legally available action that we deem appropriate. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Site.
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to: help@homehivemess.com. For alleged infringements of intellectual property rights, see Section 5 and Section 6, below.
Site and Content Use Restrictions
Site Use Restrictions. You agree that you will not: (i) aside from your purchase of goods or services offered for sale on the Site, if any, use the Site for any political or commercial purpose (including, for purposes of advertising, soliciting funds, collecting product prices and selling products); (ii) use any Homehivemess Imports Trademarks; (iii) engage in any activities through or in connection with the Site that attempts to do harm to any third party or are unlawful, offensive, obscene, violent, threatening, or abusive, or that violate any right of any third party, or are otherwise objectionable to Homehivemess Imports; (iv) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Homehivemess Imports, or other users of the Site; (v) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User Content; (vi) spider or harvest or otherwise collect or store any information (including personal information about other users of the Site without the express consent of such users); (vii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (viii) otherwise violate these Terms or any Additional Terms.
Content Use Restrictions. You also agree that, in using the Site: (i) you will not monitor, gather, mine, copy or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by any automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text or page layout); (iii) you will keep intact all Trademark, copyright and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, create derivative works from, display, distribute, broadcast, or transfer to any third party or on any third-party application or web site, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of Homehivemess Imports; and (vii) you will not insert any code or materials to manipulate such Content in any way that adversely affects any user experience.
Availability of Site and Content. Homehivemess Imports may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them), in whole or in part, for any reason, in Homehivemess Imports’ sole discretion, and without advance notice or liability.
Eligibility. You must be at least 13 years old to use the Site. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site with permission from your parent or legal guardian.
Reservation of All Rights Not Granted as to Content and Site. All rights not expressly granted to you are reserved by Homehivemess Imports and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
Opening and Terminating Accounts
Accounts. In order to access or use some of the features on the Site such as our wishlist feature, you must first register through our online registration process available here. The Site’s practices governing any resulting collection and use of your personal information are disclosed in its Privacy Policy.
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive (We may reject the use of any password, username or email address for any reason in our sole discretion); (ii) You will provide accurate, current and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current and complete; (iii) You are solely responsible for all activities that occur under your account, password and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Site using your name, username or password; and (v) You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
Procedure for Alleging Copyright Infringement
DMCA Notice. Homehivemess Imports will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following: (i) a legend or subject line that says: “DMCA Copyright Infringement Notice”; (ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears); (iv) your full name, address, telephone number and email address; (v) a statement by you 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; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and (vii) your electronic or physical signature.
Homehivemess Imports will only respond to DMCA Notices that it receives by email as follows: By Email: help@homehivemess.com
It is often difficult to determine if your copyright has been infringed. Homehivemess Imports may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Homehivemess Imports may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Homehivemess Imports’ other rights, Homehivemess Imports may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other web site owned or operated by Homehivemess Imports. See Section 4, above.
Counter-Notification. If access on the Site to a work that you submitted to Homehivemess Imports is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses set forth in Section 5A above. Your DMCA Counter-Notification should contain the following information: (i) a legend or subject line that says: “DMCA Counter-Notification”; (ii) a description 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 (please include the URL of the Site from which the material was removed or access to it 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; (iv) your full name, address, telephone number, email address and the username of your account; (v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the United States, to the jurisdiction of the United States District Court for the Northern District of Texas), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and (vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
Procedure for Alleging Infringement of Other Intellectual Property
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice to the addresses set forth above that includes all of the following: (a) a legend or subject line that says: “Intellectual Property Infringement Notice”; (b) a description of the intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears); (d) your full name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law; (f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and (g) your electronic or physical signature. We will act on such notices in our sole discretion. Any user of the Site that fails to respond satisfactorily to Homehivemess Imports with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
Notices, Questions and Customer Service
You agree that: (i) we may give you notices of new, revised or changed Terms and other important matters by posting notice on the Site, or in another reasonable manner; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address. When you communicate with us electronically, such as via email or text message, you consent to receive communications from us electronically. All legal notices to us must be sent to: Homehivemess Imports Online, Inc.,homehivemess.com:520 Broadway，New York, NY 10013.If you have a question regarding using the Site, you may contact Homehivemess Imports Customer Support by sending an email to: help@homehivemess.com. We will try to promptly respond to all inquiries but are not obligated to do so. You acknowledge that the provision of customer support is at Homehivemess Imports’ sole discretion and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Terms Applicable to Purchases on the Site
Generally. No online purchases are available for Canadian residents. Prior to the purchase of any goods or services on our Site, unless you pay through an alternative payment method that we accept on the Site, you must provide a valid credit card number and associated payment information, including all of the following: (i) your name as it appears on the credit card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your credit card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. For each purchase made on the Site, you agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. We or our payment processer will automatically bill your credit card or other form of payment submitted as part of the order process for such price.
Return Policy and Shipping and Delivery Policy. If you are not fully satisfied with a purchase from the Site, you may return it in the item’s original packaging within thirty (30) days of delivery. Additional restrictions may apply. Please see our Return Policy, which is incorporated into these Terms in its entirety by this reference. Except in the instance we offer free shipping as a promotional offering on the Site, for online purchases made on the Site, shipping fees will be charged in accordance with our Shipping and Delivery Terms.
Methods of Payment, Credit Card Terms and Taxes. All payments must be made by Visa, MasterCard, Discover, American Express. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this through the acceptance of additional forms of payment on our checkout functionality on the Site. You agree that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Homehivemess Imports of any discrepancies within forty-five (45) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Homehivemess Imports does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Homehivemess Imports or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including sales, use or value-added taxes.
Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of an offer from us. Homehivemess Imports reserves the right at any time after receipt of your order to accept or decline your order for any reason. Homehivemess Imports further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Homehivemess Imports upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order); or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Homehivemess Imports has been effected until you receive a confirmation from Homehivemess Imports via email or the Site. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your credit card account was received.
No Responsibility to Sell Mispriced Products or Services. We do our best to describe every item, product or service offered on the Site as accurately as possible. However, we do not warrant that specifications or pricing on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors, inaccuracies, or omissions relating to the pricing or specifications of any item, product or service, Homehivemess Imports shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from us is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
Modifications to Prices or Billing Terms. The purchase of products and services on the Site is subject to availability. products and services displayed on the site may not be available at all times and may be substituted or discontinued at any time. Homehivemess imports reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by email delivery to you.
Links by You to the Site
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your web site do not suggest any affiliation with Homehivemess Imports or cause any other confusion, and (c) the links and the content on your web site do not portray Homehivemess Imports or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, violent, threatening, or abusive, or that violate any right of any third party or are otherwise objectionable to Homehivemess Imports. Homehivemess Imports reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Third-Party Sites; Advertisements; Dealings with Third Parties
Third-Party Content and Sites; Advertisements. The Site may contain links to third-party web sites that are not owned, controlled or operated by Homehivemess Imports, and the Site may also include links to third-party ads on the Site or otherwise, to or from third-party web sites (collectively, “Third-Party Sites”), including web sites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Homehivemess Imports. Homehivemess Imports may have no control over the content, operations, policies, terms or other elements of Third-Party Sites, and Homehivemess Imports does not assume any obligation to review any Third-Party Sites. Furthermore, Homehivemess Imports is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, Homehivemess Imports will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. Homehivemess Imports disclaims all liability in connection therewith.
Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Homehivemess Imports disclaims all liability in connection therewith.
Wireless
Wireless Features. The Site may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Site’s features and upload content to the Site, receive messages from the Site, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Contact your carrier with questions regarding these issues.
Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify Homehivemess Imports of any changes to your wireless contact information (including phone number) and update your accounts on the Site to reflect the changes. Please review our SMS Terms and Conditions, available here, which are incorporated into these Terms by this reference.