Terms of Service
These Terms of Service (the "Terms") govern your use of the website of HomeTech & Data Solutions, LLC at https://www.hometechdata.com (the "Site") and any games, mobile applications, application programming interfaces, and other services (collectively, the "Services") provided by HomeTech & Data Solutions, LLC ("we").
HomeTech & Data Solutions, LLC is the owner of the Site and the provider of the Services.
By accessing this Site and/or using it in any way, you qualify as a user ("User," "You," "Your").
By using the Site or Services, you accept these Terms and our Privacy Policy. Please read them carefully. If you do not agree to our Terms and/or Privacy Policy, do not use our Services or Site.
For U.S. residents: If you are a resident of the United States, these Terms are governed by federal laws of the United States, including the Federal Arbitration Act of New York.
1. Eligibility
To access our services, you must be of legal age as defined by the laws of your state or country. If you are not of legal age, your parent or legal guardian must consent on your behalf, provided they agree to these Terms and our Privacy Policy.
If you are located in the European Union, you must be at least 13 years old to access and/or use our Services. If you are under 13 years old, you must obtain consent from your legal guardian and may only access our Services if your guardian agrees to these Terms.
2. Additional Terms; Game Rules
Some of our Services may include additional terms and conditions ("Additional Terms"). If any Service is subject to Additional Terms, we will provide those terms for your review as you use that Service. Your use of the Service indicates your full acceptance of the Additional Terms.
Each game included in the Services will have specific rules, such as guidelines regarding controls or scoring systems. Such rules form an integral part of these Terms, and you agree to comply with all such rules and obligations.
3. Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services and any use of the Site or Services through your account. Our goal is to create a positive, practical, and safe user experience. To achieve this, certain actions that may harm other users or us are prohibited. When using the Site or Services, you must not:
Violate any laws or regulations;
Infringe, misappropriate, or violate the intellectual property rights, privacy, publicity rights, or other legal rights of others;
Upload, transmit, or otherwise provide any content in the Site or Services that is or may reasonably be considered illegal, harmful, harassing, defamatory, or otherwise objectionable, pornographic, obscene, or offensive, invades others' privacy, is hateful, incites violence or racial or ethnic hatred, or any other content that may harm your or any third party's rights;
Send unsolicited or unauthorized advertising or commercial communications, such as spam, or forge any TCP/IP packet header or any part of the header information in any email or post, or use the Services to send altered, deceptive, or false source-identifying information;
Engage in scraping or harvesting, or participate in using software (including but not limited to spyware) to collect data from the Site or Services;
Collect information and/or personal data from other users;
Interfere with or disrupt the normal operation of the Services, user access, or servers or networks providing the Services, or transmit any viruses or other computer instructions or technical means intended to damage, destroy, or interfere with the use of computers or related systems; track, harass, or harm others;
Impersonate any person or entity or engage in any other similar fraudulent activity, such as phishing;
Use any means to scrape or crawl any web pages contained in the Site;
Probe, scan, or test the vulnerabilities of any system or network, or attempt to circumvent any technical measures or authentication measures implemented by us or our providers or any other third party (including other users) to protect the Site or our Services;
Access, search, or attempt to access or search the Services by any means (automated or otherwise) other than through our published interfaces;
Attempt to decipher, decompile, disassemble, or reverse engineer any software or other underlying code used to provide the Site or Services;
Use the Services in any other manner not permitted by these Terms; or
Advocate, encourage, or assist any third party in engaging in any of the above behaviors.
4. Content of Our Site and Services
For the purposes of these Terms: (a) "Content" refers to text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, software, scripts, any type of original works, and information or other materials published, generated, provided, or otherwise made available through the Services; (b) "User Content" refers to any content shared, communicated, uploaded, or provided by users (including you) through the Services. User Content includes communications, links, personal information, images, videos, and information provided by users in their user profiles.
Copyright
This license shall be granted for the maximum duration permitted by applicable law, allowing its use worldwide, whether used alone or in combination with other User Content, by any means, methods, or technologies, whether existing or created in the future.
Additionally, this license includes our right to sublicense your User Content and the right to provide the content submitted to or through the Services to other companies, organizations, or individuals with whom we cooperate, for broadcasting, distributing, or publishing such content in other media and/or services. This license also includes the right to use User Content to provide, promote, and improve the Site and Services, develop new services, and distribute your User Content. This User Content license is non-exclusive, meaning you can use the User Content for your purposes or allow third parties to use the User Content for their purposes. However, you may not use derivative works outside the Site or Services without our prior explicit written permission. This license is fully paid and royalty-free, meaning we and other companies, organizations, or individuals with whom we cooperate owe you no money or any form of compensation for the use of your User Content. We may exercise our rights under this license anywhere in the world. Finally, this license is perpetual and irrevocable, meaning that even if you stop using the Site and Services, our rights under this license remain effective.
You represent and warrant that:
You own all rights to your User Content, including intellectual property rights, or you have the exclusive rights to assign those rights; and
Your User Content does not infringe any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights.
You understand and acknowledge that you bear full responsibility for any liability and obligations arising from your User Content, including use of such User Content by other users and third parties.
You understand that your User Content may be broadcast, distributed, or published by third parties, and if you do not have the right to submit User Content for such purposes, you may be liable for any damages resulting therefrom. We are not responsible for any use of User Content by third parties or any use we make under these Terms.
We may, at our discretion, refuse to accept or transmit User Content for any reason. We may also, at our discretion, remove User Content from the Site or Services for any reason.
You agree that we have no obligation to monitor or protect User Content.
Limited License for the Site, Services, and Content
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and view the Site, User Content, and our Content, and only for your personal and non-commercial purposes.
You may not download, capture, save, distribute, or retransmit any of our Content or any other User Content. You may only use the tools provided through the Site or Services to download, capture, and/or save your User Content. However, you may not use derivative works of your User Content outside the Site or Services without our prior explicit written permission.
Subject to your compliance with these Terms, we also grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install copies of our games or applications on your mobile device and run such copies of the games or applications solely for your personal non-commercial purposes. Unless expressly permitted by these Terms, you may not: (a) copy, modify, or create derivative works based on the games, applications, Site, or Services; (b) distribute, transfer, sublicense, rent, lend, or lease the games, applications, Site, or Services to any third party; (c) reverse engineer, decompile, or disassemble the games, applications, Site, or Services; or (d) provide the functionality of the games, applications, Site, or Services to multiple users in any way. We reserve all rights in the games, applications, Site, or Services not expressly granted to you by these Terms.
Copyright and Intellectual Property Policy
We respond to notices of alleged copyright infringement in accordance with the procedures set forth in the U.S. Digital Millennium Copyright Act and terminate the accounts of repeat infringers.
If you believe your work has been copied in a way that constitutes copyright infringement, please forward the following information to the designated copyright agent below:
Your address, phone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where the allegedly infringing material is located.
Your statement that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Your statement made under penalty of perjury that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to comply with all of the requirements set forth in this section, your notice may be ineffective. Upon receipt of your copyright infringement notice, we may forward it to the party that submitted the relevant content. Please note that when we send your copyright infringement notice to the "infringing" party, the notice will contain your personal data and information. By submitting a copyright infringement notice, you agree to our disclosure of your information in this manner.
Privacy
We value your privacy highly. Our Privacy Policy explains how we collect, use, and protect personal information and other data, and when we share this information and other data with third parties.
By accessing or using this Site or Services, you agree to the collection, use, and transmission of your personal information in accordance with our Privacy Policy. This Privacy Policy forms part of these Terms of Use. Please read our Privacy Policy carefully before using this Site or Services.
Changes to the Site or Services
We frequently improve and update this Site and Services. We reserve the right to change or discontinue this Site or Services at any time, with or without notice to you.
Disclaimer and Limitation of Liability
You assume all risks associated with your use of the Site and Services.
The Site and Services are provided to you on an "as is" and "as available" basis and will operate according to their availability at any given time. To the fullest extent permitted by applicable law, the company and its officers, employees, directors, shareholders, parent companies, subsidiaries, affiliates, agents, and licensors ("Affiliates") disclaim all express, implied, statutory, or other warranties, conditions, and representations, including warranties, conditions, and representations regarding merchantability, fitness for a particular purpose, and non-infringement, as well as warranties, conditions, and representations arising from the course of dealing or trade practices.
Changes to These Terms
We may modify these Terms from time to time. If we modify these Terms, we will notify you by posting the revised Terms on the Site. The modifications will take effect on the effective date indicated in the revised Terms. Your continued use of the Site or Services indicates your acceptance of the modified Terms.
Please print a copy of these Terms for your records and check the Site regularly for any changes to these Terms.