Hometown Revolution Terms and Conditions
Welcome to our Website (the “Website”). The following agreement (the “Agreement”) contains the terms and conditions that govern your use of the Website. Your use of the Website constitutes acceptance of the terms of this Agreement.
These terms and conditions will not be varied for individual customers.
In this Agreement the following words and expressions shall have the following meanings:-
“User” means the person accessing the “Website” to utilize the “Service”.
“Website” means the web address:- www.hometownrevolution.com, or any sub domain or derivative at which the “Service” is made publicly available.
“Pay Gate” means the ability to lock content and require visitors to pay a fee before given access to the content of a page.
“Service” means private account access to the “Website” to facilitate:-
– the selling of intangible content via; the “Website”, the “Users” own Website, blog, social media feed or any other web service the “User” chooses to promote and sell their products from.
– the selling of tangible products via; the “Website”, the “Users” own Website, blog, social media feed or any other web service the “User” chooses to promote and sell their products from.
– using Hometown Revolution’s App technology to produce landing pages.
– and any other services or facilities provided by “Hometown Revolution”.
“Service Fee” means a fee charged by “Hometown Revolution” for the provision of the “Service”.
“Downtime” means any service interruption in the availability of the “Website”.
“Data” means any information entered by the “User” into the “Service”.
“Intellectual Property” means any file uploaded by the “User” to the “Service”.
“Intellectual Property Rights” means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country.
“Affiliate” means a third party the “User” has authorized to refer sales via the “Service”.
“Affiliate Commission” means a fee awarded by the “User” to their “Affiliate” at point of sale.
“Virus” means a computer programe that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”;
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
If you do not agree with any of these terms, do not access or otherwise use the Website or any information or materials contained on Website. Your use of Website shall be deemed to be your agreement to abide by each of the terms set forth below. Hometown Revolution (“Hometown Revolution”) owns and operates Website and reserves the right to add, delete, and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website.
In the event of substantive changes to this Agreement, the new terms will be posted to the Website and you may also be notified by email. If any modification is unacceptable to you, your only recourse is not to use the Website. Your continued use of the Website following posting of a change notice or new Agreement on the Website will constitute binding acceptance of the changes.
2. Use of the Website
2.1. Compliance with the Agreement and Applicable Law. You must comply with all of the terms and conditions of this Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use Website.
Your License to Use the Web Website and the Website Service.
2.2.1. Hometown Revolution owns or licenses all intellectual property and other rights, title, and interest in and to Website, and the materials accessible on and/or through Website. For example, and without limitation, Hometown Revolution owns trademarks, copyrights, and certain technology used in providing the Website. You will not acquire any right, title or interest therein under this Agreement or otherwise unless expressly provided for herein. You may not use any Hometown Revolution – owned and/or Hometown Revolution – licensed trademark, copyright protected work, picture, video, or likeness of any Hometown Revolution – employee.
2.2.2. Hometown Revolution grants you a limited revocable license to access and use the Website for its intended purposes only, subject to your compliance with this Agreement. This license does not include the right to collect or use information for purposes prohibited by Hometown Revolution or to compete with Hometown Revolution. If you use Website in a manner that exceeds the scope of this license or breaches any relevant agreement, Hometown Revolution may revoke the license granted to you.
2.3. Third-Party services. Hometown Revolution may provide links on Website to other Websites that are not affiliated with, under the control of, or otherwise maintained by Hometown Revolution, and may use third parties to provide certain services accessible through Website. Hometown Revolution does not control those third parties or their services, and you agree that Hometown Revolution will not be liable to you in any way for your use of such services. Hometown Revolution does not endorse or make any representations or warranties about third party Websites or any information, software, or other products or services found there.
3. Refund Policy (Website)
4.4.1 “Hometown Revolution” have the right to terminate a “Users” account without notice if a “User” is found to be contravening any of the following terms:-
4.4.2 – The “User” agrees to not use the “Service” in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
4.4.3- The “User” agrees to not upload any harmful file to the “Service” such as, but not limited to, those that contain “Viruses”.
4.4.4 – The “User” agrees to not upload or use the “Service” to transfer, any Work or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.
4.4.5 – The “User” agrees to not upload or use the “Service” to transfer, any Work or other material or content that is adult in nature. This includes but is non limited to any content containing nudity, or sexually orientated material.
4.4.6- The “User” agrees that they shall be the sole responsible person for their account and as such will not share confidential login details with any other party. If a third party gains access to a “Users” account the “User” is solely responsible for the actions of the third party.
4.4.7 – The “User” agrees they have the legal capacity and authority to enter into this agreement.
4.4.8 – The “User” agrees to provide truthful and accurate information in the course of creating an account to use the “Service”.
4.4.9- The “User” agrees they have the legal right to sell products via the “Service” and that the sale of products via the “Service” does not infringe upon the intellectual property rights of any third party. The “User” agrees to provide “Hometown Revolution” with any applicable information required by law in the course of verifying the legitimacy of products sold via the “Service”.
18.104.22.168 All file types are acceptable to sell via the “Service” however “Hometown Revolution” reserves the right to refuse sale of certain executable file types if upon investigation we deem, by our sole discretion, as potentially harmful to the “Service” and its customers.
AFFILIATE TERMS AND OBLIGATIONS
4.5.1 The “Affiliate Commission” will be calculated as a percentage or fixed amount of the total sale value. The “Affiliate Commission” will be transferred from the “Users” PayPal account to the “Affiliates” PayPal account automatically at point of purchase. The transfer will be conducted by PayPal on behalf of “Hometown Revolution” via a “Chained Adaptive Payment”. By accepting these Terms, the “Affiliate” expressly agrees to this condition.
4.5.2 By becoming an affiliated seller of a “Users” products you hereby agree to grant refund permissions via PayPal to “Hometown Revolution” enabling the “User” to issue a refund on your behalf. In the event of a refund you hereby authorize the “User” to debit your PayPal account the amount of the original “Affiliate Commission”.
4.5.3 “Hometown Revolution” have the right to terminate an “Affiliates” account without notice if an “Affiliate” is found to be contravening any of the following terms:-
4.5.4 An “Affiliate” must not sell a “Users” products using any SPAM techniques.
4.5.5 Misrepresentation of a “Users” products is not allowed.
4.5.6 An “Affiliate” must not attempt to defraud a “User” in any way.
4.6.1 You hereby agree any “Intellectual Property” sold via the “Service” is due a $1 USD “Service Fee” per transaction. The “Service Fee” will be transferred from the “Users” PayPal account to “Hometown Revolution” PayPal account automatically 30 days after the date of the transaction. The transfer will be conducted by PayPal on behalf of “Hometown Revolution” via a “Adaptive Payment” system. By accepting these Terms, the “User” expressly agrees to this condition and authorizes PayPal and “Hometown Revolution” to withdraw the “Service Fee” from the “User’s” PayPal account. No other payment method to settle the “Service Fee” is acceptable.
4.6.2 The “Service Fee” is inclusive of any applicable taxes.
4.6.3 The “User” hereby acknowledges and expressly agrees that in no way or situation the “Service Fee” shall be refunded to the “User”.
4.6.4 Hometown Revolution reserves the right to change the “Service Fee” by giving the “User” 1 month written notice by email. If the “User” continues to use the “Service” after the new “Service Fee” comes into force it is deemed that the “User” has agreed and accepted the new “Service Fee”.
5. General Rules
5.1.Prohibited Use. You may not cause harm to Website. Specifically, but not by way of limitation, you may not: (i) interfere with Website by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide Website; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine,” hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy Website; (vii) assist or encourage any third party in engaging in any activity prohibited by this Agreement; (viii) co-brand the Website; (ix) frame the Website; (x) hyperlink to the Website, without the express prior written permission of an authorized representative of Hometown Revolution ; (xi) use any trademark owned and/or licensed by Hometown Revolution .
6. Reservation of Rights
6.1. Monitoring. Hometown Revolution reserves the right, but does not assume the obligation, to monitor communications that occur through the Website. If Hometown Revolution determines, in its sole and absolute discretion, that you or another Website user has or will breach a term or condition of this Agreement or that such communication is inappropriate, Hometown Revolution may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
6.2. Modification of the Service. Hometown Revolution may modify Website and/or the Website Service at any time with or without notice to you, and will incur no liability for doing so.
7. Representations and Warranties
7.1. Mutual Representations and Warranties. Each party represents to the other that: (i) the party has the full power and authority to enter into and perform under this Agreement, (ii) execution and performance of this Agreement does not constitute a breach of, or conflict with, any other agreement or arrangement by which the party is bound, and (iii) the terms of this Agreement are a legal, valid, and binding obligation of the party entering into this Agreement, enforceable in accordance with these terms and conditions.
7.2. By You. You represent and warrant to Hometown Revolution that, in your use of the Website, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; (ii) will comply with all applicable laws, rules, and regulations; (iii) will not disrupt or damage any software or hardware.
8. Disclaimers and Exclusions
8.1. DISCLAIMER OF WARRANTIES. Hometown Revolution DOES NOT REPRESENT OR WARRANT THAT THE Website, ITS CONTENT, OR USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE.
8.2. EXCLUSION OF DAMAGES. Hometown Revolution WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF Website, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. LIMITATION OF LIABILITY. IN NO EVENT WILL Hometown Revolution’S LIABILITY IN CONNECTION WITH YOUR USE OF the Website OR ITS CONTENT EXCEED THE LESSER OF (i) THE AMOUNT PAID TO Hometown Revolution BY YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100).
9.1. You must indemnify and hold Hometown Revolution and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this Agreement through any act or omission. If you have to indemnify Hometown Revolution under this section, Hometown Revolution will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Hometown Revolution’s express written permission.
10.1 “Hometown Revolution” may assign or otherwise transfer this Agreement at any time.
10.2 The “User” may not assign or otherwise transfer this Agreement or any part of it without “Hometown Revolution’s” prior written consent.
11. Force Majeure
11.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
10.1. Survival. Upon termination, your license to use Website shall terminate and the remainder of this Agreement shall survive indefinitely unless and until Hometown Revolution chooses to terminate them.
13.1. All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Hometown Revolution, you must use the following addresses: Hometown Revolution [email protected]metownrevolution.com Hometown Revolution provides notice to you, Hometown Revolution will use the contact information provided by you to Hometown Revolution. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
14.1. This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. This Agreement will not be assignable or transferable by you without the prior written consent of Hometown Revolution. This Agreement (including all of the policies and other Agreements described in this Agreement, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved. You and Hometown Revolution are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. The invalidity or un-enforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect. This agreement is governed by the laws of the State of California without giving effect to its conflict of law provisions. You hereby submit to the exclusive jurisdiction of the courts of the State of California, United States of America, for any dispute arising from and/or relating to this Agreement and agree that any and all such actions may only be brought before a court located in the State of California, United States of America. If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which the party may be entitled.