TERM OF USE


FURNIZING.COM TERMS OF USE

 

Welcome to Furnizing! Our platform is an information and social network dedicated to homebuilding, renovation, and design. We brings together professionals, service providers, products, homeowners, renters and design enthusiasts. Through our Platform, people can obtain and exchange, ideas, information, products, and services related to home remodelling and design.

 

These Terms of Use sets forth the agreement between you and Furnizing.com. It governs your use of the products and services we offer through our website and applications (collectively the "Site" or "Furnizing Platform”).

 

This agreement provides important information to you, including information about your obligations about your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

 

Please make sure to read this agreement, because your use of the Site is consent to these terms. If you do not agree to any of the updated terms, you should stop using the Furnizing Platform.

 

  1. Using the Furnizing Platform.

 

Who can use it. You must be at least the age of majority in the state where you live to use the Site. Use of the Furnizing Platform by anyone under 13 years of age is strictly prohibited!

Registration. Access to certain functionalities of the Furnizing Platform will require you to register with us. If you register with Furnizing, you agree to provide us accurate information and update it as needed for accuracy. We will treat personally identifiable information you provide as part of registration in accordance with our Privacy Policy. You also may have the option to register for an account by linking your Facebook or Google account.

 

Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By use of the Furnizing Platform, you agree to accept the Privacy Policy, regardless of whether you are a registered user.

Profile for Professionals. If you are a professional services provider, you may set up a Professional Profile. If you do, you give us the right to list your Professional Profile in our directory of service providers, and you will be able to connect with others on the Furnizing Platform while identified by your professional profile. Your professional profile is subject to our "Professional Profile Policy."

Acceptable Use Policy. When using the Furnizing Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our "Acceptable Use Policy.”

 

Prohibited Products Policy. If you are a professional, a vendor, or a seller, who is authorized to offer products through the Furnizing Shop, you agree to abide by the “Prohibited Products Policy."

Termination. You may close your account at any time by going to account settings and disabling your account. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Furnizing policy (including the Acceptable Use Policy. or Prohibited Products Policy). Upon termination of your use of the service, certain provisions will survive termination, as detailed in Section 9(m).

Feedback. We welcome your feedback and suggestions about how to improve the Furnizing Platform. Feel free to submit feedback at http://furnizing.com/page/contact-us. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

 

  1. Your Content.

 

Definition of Your Content. The Furnizing Platform enables you to post material, including without limitation photos, profile pictures, messages, and commentary. You may also post reviews of third-party service providers, third-party products, or third-party services (“Reviews”). All material that you display on the Furnizing Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Furnizing Platform, Your Content may be viewed by the general public and will not be treated as private or confidential.

License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.

Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos, and subject to Furnizing product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for Furnizing Business Purposes. “Furnizing Business Purposes” means any use in connection with a Furnizing-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Furnizing Platform, the services or the information it contains, Furnizing, or its affiliates. Furnizing Business Purpose specifically includes the use of Your Content on the Furnizing Platform in connection with features and functions offered by Furnizing to our users that enable them to view and interact with Your Content (such as Sketch, View in My Room and the embed tool).

Your Responsibilities for Your Content. By posting Your Content on the Furnizing Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that your content does not violate Furnizing’s Acceptable Use Policy, Prohibited Products Policy, or Copyright and Trademark Policy or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.

Limits. We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy or Prohibited Products Policy, or Copyright and Trademark Policy). We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content. If you seek to publish a Review, the requirements will be governed by our Review Policy.

 

  1. Our Content and Materials.

 

Definition of Our Content and Materials. All intellectual property in or related to the Furnizing Platform (specifically including, but not limited to our software, the Furnizing marks, the Furnizing logo), is the property of Furnizing Inc., its subsidiaries and affiliates or its licensors (“Our Content and Materials”).

 

Our License to You. Subject to these terms of use, including the restrictions below, we grant you a limited, non-exclusive license to use and access Our Content and Materials in connection with your use of the Furnizing Platform. Except as expressly agreed to otherwise by us (such as your eligibility for creation of a Professional Profile or your entering into a vendor, seller, advertiser, Site Designer, or other agreement with us), your use of the Furnizing Platform must be limited to personal, non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

 

No Endorsement or Verification. Please note that the Furnizing Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the Furnizing Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Furnizing Platform by anyone.

 

Restrictions. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. Furnizing’s permission to you for your use of the Furnizing Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Furnizing Platform. You may view and print a reasonable number of copies of web pages located on the Furnizing Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Furnizing.

 

Ownership. You acknowledge and agree that the Furnizing Platform and Furnizing marks will remain the property of Furnizing. The content, information and services made available on the Furnizing Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Furnizing Platform.

 

  1. Other Offerings on the Furnizing Platform.

 

Purchase of Goods through the Furnizing Shop. Furnizing and third-party sellers offer home goods, furniture, and other products for sale on the Furnizing Platform through the Furnizing Shop. If you purchase products on the Furnizing Platform, your purchase is subject to the Furnizing Shop Terms of Sale. The availability of products sold by third-parties within the Furnizing Shop does not imply our endorsement or verification of the products or their descriptions.

 

Third-Party Services. You may be provided the opportunity on the Furnizing Platform to purchase services that are offered by third parties (collectively “Third Party Services”), including those offered by professionals registered with Professional Profiles on the Furnizing Platform. The availability of any Third Party Services on the Furnizing Platform does not imply our endorsement of the Third Party Services.

 

Third-Party Sites. The Furnizing Platform may contain links to other websites (the “Third-Party Sites”) for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.

 

  1. Reporting Violations of Your Intellectual Property Rights, Furnizing Policies, or Applicable Laws

 

We have a special process for reporting violations of your intellectual property rights or other violations of Furnizing policies or applicable laws.

 

Copyright and Trademark Policy. We have adopted and implemented a Copyright and Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Furnizing Platform infringes your intellectual property rights, please read our Copyright and Trademark Policy. You can contact us through http://furnizing.com/page/contact-us

 

Reports of Other Violations. If you believe content on the Furnizing Platform violates Furnizing’s Acceptable Use Policy, Prohibited Products Policy., or otherwise violates applicable law you can also report them through http://furnizing.com/page/contact-us

 

We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.

 

  1. Disclaimers and Limitations of Liability.

 

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Furnizing ENTITIES TO YOU.

 

THE “Furnizing ENTITIES” AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

 

WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE Furnizing ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

 

THE Furnizing ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.

 

YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE FURNIZING ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE Furnizing ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE Furnizing ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.

 

  1. Indemnification.

 

You agree to fully indemnify, defend, and hold the Furnizing Entities and their 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: (a) your breach of any part of this agreement, including but not limited to the Acceptable Use Policy and Prohibited Products Policy.; (b) any allegation that any materials you submit to us or transmit to the Furnizing Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Furnizing Platform or other websites to which the Furnizing Platform is linked; and/or (d) your negligent or willful misconduct.

 

  1. Dispute Resolution.

 

Arbitration. You and Furnizing agree that any dispute, claim or controversy arising out of or relating to the this agreement or to your use of the Furnizing Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Furnizing each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Furnizing agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section 8 will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” Section 8 will survive any termination of the Terms.

 

Arbitration Rules and Governing Law. The arbitration will be administered by the Badan Arbitrase Nasional Indonesia  (“BANI”) Jakarta.

 

Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the BANI Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the BANI’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the BANI will appoint the arbitrator in accordance with BANI Rules.

 

Fees. You agree to be fully responsible to pay any BANI filing, administrative and arbitrator fees.

 

  1. Miscellaneous.

 

Supplemental Terms for Certain Services. Certain services offered on the Furnizing Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale in the Furnizing Shop, or use of Site Designer each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this agreement and the terms of that separate agreement, the terms of that separate agreement will control.

 

Application Provider Terms. If you access the Furnizing Platform through a Furnizing application, you acknowledge that this agreement is between you and Furnizing only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.

 

Controlling Law and Jurisdiction. This agreement will be interpreted in accordance with the laws of the State of DIY and Indonesia, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Yogyakarta, Indonesia for any actions for which the arbitration provision, as set forth in the Dispute Resolution provision above, does not apply.

 

Export. The Furnizing Platform is controlled and operated from our Yogyakarta offices in Indonesia.

 

Furnizing software is further subject to United States export controls. No software for Furnizing may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a Indonesian government embargo, or that has been designated by the Indonesian government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.

Changes. We reserve the right at any time to:

  1. change the terms and conditions of this agreement, consistent with applicable law;
  2. change the Furnizing Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and

iii. deny or terminate your Furnizing account, or use of and access to the Furnizing Platform.

Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Furnizing Platform, and posting notice of such changes on the Furnizing Platform or in another manner in our reasonable discretion. You agree that your continued use of the Furnizing Platform after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to this agreement, you should not use the Furnizing Platform. Be sure to return to this page periodically to ensure your familiarity with the most current version of the terms of use.

 

Languages. English is the authoritative text of this agreement and all communications, notices, arbitrations and other actions and proceedings relating to this agreement will be made and conducted in English, even if we choose to provide translations of this agreement into the native languages in certain countries.

 

Assignment. No terms of this agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Furnizing's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Furnizing may assign, transfer, or delegate this agreement or any right or obligation or remedy hereunder in its sole discretion.

 

Waiver. Our failure to assert a right or provision under this agreement will not constitute a waiver of such right or provision.

 

Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

 

Further Assurances. You agree to execute a hard copy of this agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this agreement and any of your rights or obligations under this agreement.

 

Entire Agreement/ Severability. This agreement supersedes all prior terms, agreements, discussions and writings regarding the Furnizing Platform and constitutes the entire agreement between you and us regarding the Furnizing Platform. If any provision in this agreement is found to be unenforceable, then (except as expressly provided otherwise in Section 8 - Dispute Process that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.

 

Contact. Feel free to contact us by visiting http://furnizing.com/page/contact-us  with any questions about this agreement. The Furnizing Platform is operated by:

 

Cyber Olympus

Jl. Jongke Kidul No.36, Sendangadi, Mlati, Kabupaten Sleman,

Daerah Istimewa Yogyakarta

55285

 

Last Updated: May 19, 2017

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