Houzify is an application that provides a digital market place for home décor and home improvement. The following terms of use (“Terms of Use”) constitutes a binding legal agreement between Metamarket Ventures Private Limited (“MMV”, “We” or “Us”) the owner of the digital application Houzify and the website www.houzify.com (collectively referred to as “Houzify”) and you (“You” or “User”), with respect to your use of Houzify. By using Houzify, You acknowledge and agree to these Terms of Use and Houzify Privacy Policy, a copy of which is available at (www.houzify.com/privacypolicy), which are incorporated herein by reference (Terms of Use and Privacy Policy, hereinafter collectively referred to as “Agreement”). PLEASE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU USE HOUZIFY. BY USING HOUZIFY, YOU INDICATE YOUR PERSONAL ACCEPTANCE AND YOUR CONCURRENCE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE HOUZIFY.

This Agreement shall apply to all Users of Houzify. By using Houzify, You represent and warrant that You are over the age of 12 (or if below such age, possess legal parental or guardian consent to use Houzify) and are of sound mind capable of contracting as understood under the applicable provisions of law and have the right, authority, and capacity to accept these terms and conditions and to abide by the same.

Services, Information and Products on Houzify

Individual Users, third-party professionals such as home interior professionals and  photographers plus retailers can create account on Houzify to share, market home décor and home improvement ideas, products and services (collectively, the “Services”).

Any Services and information provided through Houzify as part of or in connection with the Services or otherwise, which includes content, data, designs, pictures, graphics, logos, images, third-party links and references are collectively, referred to as “Information”. Any Information provided through Houzify is for personal use only and You understand and agree that You are not authorized to use such Information for commercial purpose, except as expressly permitted herein. You further agree not to download, copy, edit, reproduce, modify, display, republish, distribute or commercially exploit any Information available on Houzify without express written consent of Houzify or except as expressly permitted herein. Users are permitted to make a reasonable number of copies of the Information available on Houzify solely for personal use provided (i) You retain all proprietary notices such as trademark, copyright and any other applicable notices, in the original materials provided on Houzify, (ii) Houzify is adequately attributed as the source of the material, (iii) the material is printed in its entirety without modification, reformatting, editing or changes of any kind, and (iv) all copies made throughHouzify will remain the property of Houzify and be subject to the terms of this Agreement.

You acknowledge that MMV reserves the right to discontinue any Service or Information available on Houzify at any time without any notice or any liability to anyone.

Your Content on Houzify

As a Houzify User You may register or create a profile on Houzify and post and upload Information, comments, blogs or contact information hereinafter referred to as “User Content”. You may be permitted to provide reviews and ratings for home interior professionals or photographers listed on Houzify. Such ratings and reviews will be considered as “User Content”.

By providing review or ratings You acknowledge and agree that such review or rating is based on your direct experience with home interior professionals or photographers. You agree that You will not provide review or ratings for any home interior professionals or photographers based on information received from any third party.

Houzify provides Users with feedback options. User feedback is valuable to Houzify and We are keen to make Houzify better by receiving comments and ideas from Users. You understand and agree that We are free to use Your comments, ideas and feedbacks without any compensation and restriction.

Houzify reserves the right to terminate the Agreement, by deactivating/deleting your account, if Houzify believes or has a reason to believe that the information provided by You to Houzify is false or inaccurate. You acknowledge that when You upload, post, publish, and receive User Content on Houzify it may be viewed by the public at large and will not be treated as private, proprietary or confidential. In addition, You provide MMV worldwide license to use, store, reproduce, modify, create derivative works, publish and distribute the User Content in all media forms. Houzify will not license or sub-license to third parties individual photo or collections of photos in the User Content submitted by You except to promote, operate and improve Houzify.

Except as provided hereinabove You retain the ownership and intellectual property rights in the User Content.

You acknowledge and agree that You shall not publish, transmit, modify, update or share any User Content that:

(i) belongs to another person and to which You don’t have any right; copyrighted User Content owned by a third party unless You have the express consent, permission, license, authority of the rightful owner;
(ii) violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party;
(iii) is illegal, obscene, pornographic, vulgar, impersonating another person, invasive of privacy or public rights or any other third party rights or otherwise injurious or objectionable;

You agree that You shall not:

(i) modify, adapt, translate, sell, any Information available on Houzify;
(ii) remove any third party copyright, trademark, or other proprietary rights notices;
(iii) distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
(iv) harvest or collect information about any Houzify visitors or members without their express consent; and
(v) violate any applicable laws or regulations for the time being in force;

Houzify provides Users with feedback options. User feedback is valuable to Houzify and we are keen to make Houzify better by receiving comments and ideas from Users. You understand and agree that we are free to use your comments, ideas and feedbacks without any compensation and restriction.

Ownership

Houzify and its software is owned by MMV and the information, content in Houzify (and any intellectual property and other rights relating thereto) are and will remain the property of MMV, its partners and its licensors and suppliers. Except as permitted under this Agreement, You may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of Houzify without our prior written permission. Use of Houzify for any other purpose, except as set forth in this Agreement, is strictly prohibited. You acknowledge that You do not acquire any ownership rights by using Houzify.

Houzify is the trademark of MMV. All trademarks, service marks and logos displayed on Houzify are either registered or unregistered trademarks of MMV (collectively “Trademarks”). Nothing contained in this Agreement, should be considered as granting, of any license or right to use any Trademark(s) without the express written consent of MMV.

Third Party Professional and Retailer Accounts on Houzify

Third party’s such as home interior professionals, photographers and retailers are required to register and create their profile and portfolio to access certain functionalities to promote business on Houzify.  All terms and conditions of this Agreement are applicable to all third-party professionals associated with Houzify. Houzify reserves the right to decline registration, creation of portfolio or to provide any Information or Services to any third party professionals with or without reason.

Third Party Links

Houzify may contain third-party references, links to websites that are not owned or controlled by Houzify. Use of such references and links by You must be done at your risk as We do not take responsibility of the authenticity of such references and links. Offer of references and links on Houzify does not indicate endorsement or approval by Us. We disclaim any and all liability arising out of your use of any references and links.

Security

Houzify uses industry standard security measures to protect the security of the Users. Even though We use commercially reasonable efforts to protect the security, We cannot guarantee unauthorized breach of security. Any unauthorized use of your account must be immediately notified to Us.

Termination

This Agreement commences on the date You first access Houzify. This Agreement or your access to Houzify or any portion thereof may be terminated immediately by deactivating or deleting User account, without notice, by Houzify with or without cause. Upon termination of this Agreement by either party, your right to use Houzify shall immediately cease, and You shall destroy all copies of information that You have obtained from Houzify, whether made under the terms of this Agreement or otherwise. On receiving a request to delete the account from any User, Houzify shall endeavor to delete the account within thirty (30) days of receipt of such
request. All disclaimers and all limitations of liability and all rights of ownership of Houzify shall
survive any termination.

You understand and agree that We may retain your User Content for backup and archival purposes.

Disclaimers

HOUZIFY INCLUDING THE INFORMATION, SERVICES, PRODUCTS AND USER CONTENT
PROVIDED THROUGH HOUZIFY IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

HOUZIFY MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT
TO INFORMATION, SERVICES, PRODUCTS AND USER CONTENT OFFERED BY THIRD-PARTY PROFESSIONALS AND RETAILERS ON HOUZIFY, AND HOUZIFY SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE ACCURACY, QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH INFORMATION, SERVICES, PRODUCTS AND USER CONTENT PROVIDED BY SUCH THIRD-PARTY PROFESSIONALS AND RETAILERS OR WITH RESPECT TO THE CONDUCT OF ANY THIRD-PARTY PROFESSIONAL OR RETAILER IN CONNECTION WITH SUCH OFFERS.

Limitation of Liability

NEITHER MMV NOR ANY OF ITS PARTNERS, LICENSORS, SPONSORS, SUCCESSORS, OR ASSIGNS, NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO HOUZIFY, INFORMATION, SERVICES, PRODUCTS AND USER CONTENT PROVIDED ON HOUZIFY WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO HOUZIFY, THE INFORMATION, SERVICES OR USER CONTENT IS TO STOP USING HOUZIFY, INFORMATION, SERVICES, USER CONTENT AS APPLICABLE. NEITHER MMV NOR ANY OF ITS PARTNERS,

LICENSORS, SPONSORS, SUCCESSORS, OR ASSIGNS, NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE HOUZIFY; (2) ANY INACCURATE, INCOMPLETE OR MISREPRESENTED INFORMATION, SERVICES AND/OR USER CONTENT POSTED ON HOUZIFY BY THIRD PARTIES; (3) YOUR HIRING OR ENGAGEMENT OF ANY THIRD PARTY PROFESSIONAL OR RETAILER OFFERING PRODUCTS OR SERVICES THROUGH HOUZIFY; (4) UNAUTHORIZED ACCESS OR USE OF YOUR ACCOUNT OR YOUR USER CONTENT.

Indemnification

You agree to fully indemnify, defend, and hold MMV, its directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (i) your access or use of Houzify; (ii) any allegation that your Information, Services, User Content infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (iii) breach of this Agreement (iv) your negligence or willful misconduct.

Changes and Updates

These Terms of Use are subject to change from time to time without notice as required by applicable laws or to enhance your User experience. All changes/amendments made to these Terms of Use will be effective immediately upon our making such change. Your continued use of Houzify will constitute your acceptance of these Terms of Use.

Governing Law and Jurisdiction

This Agreement shall be governed by the laws of India. The parties agree that any dispute or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with Arbitration and Conciliation Act, 1996 and the then current rules. The arbitration will take place in Bangalore and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of courts in Bangalore. Venue will lie exclusively in Bangalore.

General Provisions

The terms of this Agreement, any rights, obligations, or remedy hereunder may not be transferred, assigned, delegated or sublicensed by You except with Houzify’s prior written consent, and any attempt to assign, transfer, delegate, or sub-license without prior written consent from Houzify shall be null and void. Houzify may assign, transfer, or delegate this Agreement or any rights or obligations or remedy hereunder in its sole discretion. These terms of use together with Privacy Policy and any amendments constitutes the entire Agreement between You and Us relating to the subject matter herein and supersedes any and all prior written or oral agreements between You and Us with respect to such subject matter. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions. This Agreement may not be changed, waived or modified except by Houzify as provided herein or otherwise by written instrument signed by Houzify. No waiver by Houzify of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

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