terms & conditions

1. Accepting These Terms

This document and the other documents that we reference below make up our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Phoenix Digital Labs Limited (“Home Gallery”)

By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use homegallery.app, our mobile apps, and the other services provided by Home Gallery (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

2. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is collected, used and shared when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

3. Your Account with Home Gallery

You’ll need to create an account with Home Gallery to list Your Content on our Services. Here are a few rules about accounts with Home Gallery:

A. You must be 18 years or older to use our Services.Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Home Gallery or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.

B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Home Gallery.

4. Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like profile pictures, listing photos, listing descriptions, usernames, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant Home Gallery a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Home Gallery function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Home Gallery may offer you or Home Gallery users promotions on the Services, from time to time, that may relate to your listings

C. Rights You Grant Home Gallery. By posting Your Content, you grant Home Gallery a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Home Gallery, your Home Gallery listings, or the Services in general, in any formats and through any channels, including across any Home Gallery Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. That sounds like a lot, but it’s necessary for us to keep Home Gallery going. Consider these examples: if you upload a photo of a listing on your Home Gallery account, we have permission to display it to users, and we can resize or enhance it so it looks good to a user using our mobile app; if you post a description in English, we can translate it into French so a buyer in France can learn the story behind your item; and if you post a beautiful photo, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Home Gallery’s.

D. Reporting Unauthorized Content. Home Gallery has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us at legal@homegallery.app. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Home Gallery’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

5. Our Subscription & Payment terms

Subscription Fees. Home Gallery Artists maycreate a Pro Account and subscribe to a subscription package allowing them to display their artworks through our Services. The fee for an Home Gallery subscription is detailed when subscribing through the Services.

To subscribe, you agree to the following terms:

A. You authorize Home Gallery to keep your payment card information on file and to charge the card on file at each renewal date of the subscription for the amount due under your current subscription.

B. When your card account is debited, Home Gallery may send you an email with the amount charged. You can also review this information by accessing your account on Home Gallery.

C. If your card account on file with us is closed, the account number is changed, or a charge is rejected by your card issuer, you must update your card information or add a new card number in your Home Gallery account. If your charge is refused by the issuer for any reason, your Home Gallery account may be suspended or terminated, and you are still required to pay your outstanding balance by some other means. Your authorization applies to any successor or replacement card you or your card issuer provides.

D. Suspended or terminated members remain obligated to pay Home Gallery for all unpaid fees.

Auto-renew. Subscription fees will be charged to your credit card on the same day every month. For example, if you sign up on March 5, your subscription fees will be added on April 5, May 5, and so on. When you sign up at the end of the month, your subscription fees will be charged on the last day of the month. For example, if you sign up on May 31, your subscription fees will be added on June 30 because that is the last day of the month. You can cancel your Home Gallery subscription anytime before the renewal of the subscription by visiting the Manage Subscription section of your Administration panel. You will have access to your Home Gallery subscription until the end of that subscription cycle, and your final day of access will be identified in the Manage Subscription dashboard. After your Home Gallery subscription has ended, your listings will no longer be available through our Services, and you will no longer have a subscription fee added to your payment account.

Paying your Home Gallery Fees. Home Gallery will automatically charge all fees owed on the payment method you provided. Provided you have sufficient funds on your payment method, no further payment action is required. If your payment account does not contain sufficient funds Home Gallery may suspend your listing privileges at any time pending payment of your outstanding balance.

VAT on Subscription Fees. Where applicable, VAT will be applied to the Home Gallery subscription fee charged by Home Gallery.

6. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. You may not list anything that violates any laws; and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Home Gallery, another Home Gallery user, or a third party.

B. Pay Your Bills. You are responsible for paying all fees that you owe to Home Gallery.

C. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Home Gallery Intellectual Property and Artist Content) without our express permission.

D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.

E. Follow Our Trademark Policy. The name "Home Gallery" and the other Home Gallery marks, phrases, logos, and designs that we use in connection with our Services (the Home Gallery Trademarks), are trademarks, service marks, or trade dress of Home Gallery in the UK and other countries.

F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to Home Gallery (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

G. Talk to Us Online. From time to time, Home Gallery will provide you with certain legal information in writing. By using our Services, you’re agreeing that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

7. Termination

Termination By You. We'd hate to see you go, but you may terminate your account with Home Gallery at any time from your administration panel. Terminating your account will not necessarily immediately affect the availability of some of Your Content posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

Termination By Home Gallery. We may terminate or suspend your account (and any accounts Home Gallery determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Generally, Home Gallery will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Home Gallery terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services Home Gallery reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Home Gallery’s policies under these Terms. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Warranties and Limitation of Liability

Items You Purchase. You understand that Home Gallery does not manufacture, store, or inspect any of the items listed through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent Artists, so Home Gallery cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the Artist of the item. You release Home Gallery from any claims related to items listed through our Services, including for defective items, misrepresentations by Artists, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Home Gallery is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control. You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Home Gallery is not a party to those agreements; they are solely between you and the third party.

WARRANTIES. HOME GALLERY IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER HOME GALLERY, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL HOME GALLERY’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF TWENTY (20) EURO (EUR) OR THE AMOUNT YOU PAID HOME GALLERY IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

We hope this never happens, but if Home Gallery gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Home Gallery (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users

If you find yourself in a dispute with another user of Home Gallery’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Release of Home Gallery. You release Home Gallery from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with Home Gallery

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

Governing Law. These Terms, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to these Terms, or the negotiation, execution or performance of these Terms (including any claim or cause of action based upon or arising out of or relating to any representation or warranty made in or in connection with these Terms or as an inducement to enter into these Terms), shall be governed by, and enforced in accordance with, the internal laws of England and Wales without giving effect to any laws, rules or provisions of England and Wales that would cause the application of the laws, rules or provisions of any jurisdiction other than England and Wales.

Manner of Giving Notice. If you have a dispute with Home Gallery or otherwise wish to provide notice to Home Gallery, you will promptly send an email to legal@homegallery.app. Home Gallery may give you notice applicable to the Services by means of a general notice through the Services or by email at the contact address specified in your Account.

Waiver of Jury Trial. Each Party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms.

12. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Home Gallery regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

14. Contact Information

If you have any questions about the Terms, please email us at legal@homegallery.app.

In some countries you may have additional rights and/or the preceding may not apply to you.

Last updated on December 11, 2022