Effective: December 4, 2019
Special Provisions Applicable to Users Residing in the EU
If you reside in the European Union (“EU”) and the Services were offered to you in the EU, please review these Special Provisions Applicable to Users Residing in the EU (“Special Provisions”). These Special Provisions apply in addition to, or in some cases in lieu of certain sections of, the Terms of Use. By accessing or using the Site provided by Hill House Home, Inc. or purchasing Products from our subsidiary Phase EU Limited, you agree to be bound by these Special Provisions. All capitalized terms not defined in these Special Provisions shall have the meaning given to them in the Terms of Use.
- User Content. Section 6 of the Terms of Use is revised as follows:
- The following sentence replaces the second sentence in Section 6.2 of the Terms of Use:
You acknowledge and agree that the Photos may be used in Hill House Home retail locations and emails and on the Site, and you hereby grant us permission, until revoked, to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes. To revoke your permission to us in regards to our use of the Photos, please contact us at customercare@hillhousehome.com.
- The following sentence replaces the first sentence in Section 6.3 of the Terms of Use:
By uploading any User Content you hereby grant and will grant Hill House Home and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services, until such license grant is revoked by you. To revoke your license to us in regards to our use of your User Content, please contact us at customercare@hillhousehome.com.
- The following provision replaces Section 6.4 of the Terms of Use in its entirety:
Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any copyrights resulting from our alteration of the User Content or any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Hill House Home as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum.
- IP Infringement. The following provision replaces Section 7 of the Terms of Use in its entirety:
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. Under the EU-E-Commerce Directive 2000/31/EC, the requirements of a proper notification are: written communication with a physical or electronic signature of a person authorized to act, identification of the copyrighted work claimed to have been infringed, identification of the material that is claimed to be infringing, information reasonably sufficient to permit Hill House Home to contact you (address, telephone number and email) and a statement that you have a good faith belief that the use of material is not authorized.
- Disclaimer of Warranties and No Guarantee
- The following provision replaces Section 9.1 of the Terms of Use in its entirety:
THE HILL HOUSE HOME PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO HILL HOUSE HOME PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL ANY HILL HOUSE HOME PARTY BE LIABLE FOR LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY, EVEN IF SUCH HILL HOUSE HOME PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Arbitration Clause and Class Action Waiver. The following provision is added as Section 11.3:
Notwithstanding the above, you may bring legal proceedings in respect of the Agreement either by following the arbitration procedure detailed in the Agreement or in the courts of the country in which you reside. The European Commission also provides EU consumers with an online dispute settlement platform, available at http://ec.europa.eu/consumers/odr/ which provides information about alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please note that we are not obliged to participate in alternative dispute resolution and reserve the right to consent to alternative dispute resolution in individual cases. Notwithstanding the foregoing, consumers residing in the EU will benefit from any mandatory provisions of the law of the country in which you reside. Nothing in this Agreement affects your rights as an EU consumer to rely on mandatory provisions of the law of the country in which you reside.
The Swedish National Board for Consumer Disputes provides a public authority to try disputes between consumers and business traders and may be contacted at http://www.arn.se.
- Termination. The following provision replaces Section 12 of the Terms of Use in its entirety:
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
- Miscellaneous. The following sentence replaces the first two sentences of Section 16.1:
This Agreement shall be governed by and construed and enforced in accordance with the laws of the country in which you reside.