Welcome to Houzzcart! Houzzcart is an online platform dedicated to home renovation and design. We
bring together homeowners, home professionals, sellers of home goods, and design enthusiasts.
Through Houzzcart, people can find or offer design ideas, advice, products and services related to
home renovation and design.
between you and Houzzcart Inc. The Agreement governs your use of www.Houzzcart.uk and all of the related websites, mobile apps,
and services offered by Houzzcart, including our plug-ins and browser extensions (collectively, the
We refer to the e-commerce marketplace on the Houzzcart Platform as the "Houzzcart Shop." If you visit or
purchase or sale through the Houzzcart Shop through www.Houzzcart.com or the related mobile app experience, or if
account on the Houzzcart Platform, then this Agreement is also between you and Houzzcart Uk.,
or "us" in this Agreement.
These Terms provide important information to you, including your agreement under Section 8 to resolve
disputes by individual arbitration and to waive the right to participate in any kind of class
unless you choose to opt-out as described in Section 8 below. The Terms also cover your agreement to
grant us rights to your content, our limitation of liability to you and, if you choose to provide us
with your phone number, your agreement to receive calls and text messages from us in accordance with
applicable law. By agreeing to these Terms, you agree to resolve all disputes through binding
arbitration, which means that you waive any right to have those disputes decided by a judge or jury,
that you waive your right to participate in class actions, class arbitrations, or any type of
We encourage you to review this Agreement carefully. By accessing or using the Houzzcart Platform in any
including browsing www.Houzzcart.uk,
you are agreeing to these Terms in their entirety. If you do not agree to any of the Terms, you may not
the Houzzcart Platform.
1. Using the Houzzcart Platform.
- Who can use it. You must be at least the age of majority in the state where you live to use
Houzzcart Platform. Use of the Houzzcart Platform by anyone under 16 years of age is strictly
- Registration. Access to certain functionalities of the Houzzcart Platform will require you to
register with us and to create a profile on our Platform. If you register with Houzzcart, you agree
provide us with accurate information and update it as needed for accuracy. We will treat personal
information you provide as part of registration in accordance with our Privacy
You also may have the option to register for an account by linking your Facebook, Google, or Apple
By using the Houzzcart Platform in any way, you understand and acknowledge that the terms of the Privacy
apply to you, regardless of whether you have created an account on Houzzcart.
- 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 Houzzcart
identified by your professional profile. Your professional profile is subject to our Professional
- Acceptable Use Policy. When using the Houzzcart Platform, you agree to abide by common
etiquette and act in accordance with the law, as described further in our Acceptable
- Prohibited Products Policy. If you are a professional, vendor, or seller, who is authorized
offer products through the Houzzcart Shop, you agree to abide by the Prohibited
- Termination. You may close your account at any time by going to account settings and
your account. We may permanently or temporarily suspend your use of the Houzzcart Platform at any
any reason, without any notice or liability to you. We may terminate your account at any time for
no reason, including if you violate any Houzzcart policy (including the Acceptable
Policy or Prohibited Products Policy). Upon termination of your use of the Houzzcart
Platform, certain provisions will survive termination, as detailed in Section 10(m).
2. Your Content.
- Definition of Your Content. The Houzzcart Platform enables you to post materials, including
limitation photos, profile pictures, messages and comments. You may also post reviews of
third-party service providers, third-party products, or third-party services. All materials that you
post on the Houzzcart Platform will be referred to collectively as "Your Content."
- License and Permission to Use Your Content. You hereby grant to us and our affiliates,
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
works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world
any format, media or distribution method (whether now known or hereafter created) for the duration
any copyright or other rights in Your Content. Such permission will be perpetual and may not be
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
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
to you or others, to reproduce, print, publish and disseminate in any format or media (whether now
or hereafter created) your name, voice and likeness throughout the world, and such permission will
perpetual and cannot be revoked for any reason, except as required by applicable law. You further
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
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 Houzzcart product and
experience considerations: (a) we will use commercially reasonable efforts to maintain the
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 Houzzcart Business Purposes.
Business Purposes" means any use in connection with a Houzzcart-branded or co-branded
application, publication or service, or any use which advertises, markets or promotes the Houzzcart
Platform, the services or the information it contains, Houzzcart, or its affiliates. Houzzcart
specifically includes the use of Your Content on the Houzzcart Platform in connection with features
functions offered by Houzzcart to our users that enable them to view and interact with Your Content
Sketch, View in My Room and the embed tool).
- Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content on
Houzzcart Platform, you represent and warrant to us that you have the ownership rights, or you have
all necessary licenses or permissions from any relevant parties, to use Your Content in this manner.
This includes obtaining the right to grant us the rights to use Your Content in accordance with this
Agreement. You are in the best position to judge whether Your Content is in violation of
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 Houzzcart's Acceptable
Policy, Professional Profile Policy, Prohibited
Products Policy, Copyright and Trademark Policy, or any applicable law or
to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
- Limits. We reserve the right to remove Your Content, in whole or part, for any reason (which
include a reported violation of our Acceptable Use Policy, Professional
Profile Policy, Prohibited Products Policy, or Copyright
and Trademark Policy). We reserve the right to remove Your Content, in whole or in part,
submitted by you for any reason without notice. We do not guarantee that we will publish all of Your
3. Our Content and Materials.
- Definition of Our Content and Materials. All intellectual property in or related to the
Platform (specifically including, but not limited to, our software, the Houzzcart marks, the
Houzzcart buttons, badges, and widgets, but excluding Your Content), is the property of Houzzcart
subsidiaries and affiliates or its licensors ("Our Content and Materials").
a limited non-exclusive license to use and access Our Content and Materials in connection with your
of the Houzzcart Platform. Except as expressly agreed to otherwise by us (such as your eligibility
creation of a Professional Profile or your entering into a vendor, seller, advertiser, Site
other agreement with us), your use of the Houzzcart Platform must be limited to personal
We may terminate this license at any time for any reason. Except for the rights and license granted
these terms, we reserve all other rights and grant no other rights or licenses, implied or
- No Endorsement or Verification. Please note that the Houzzcart Platform enables access to
content, products, and services, and it offers interactions with third-parties that we do not
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). For example, Houzzcart does not
background checks or otherwise vet the professionals listed on the Houzzcart Platform. Participation
availability on the Houzzcart Platform does not amount to endorsement or verification by us. We make
warranties or representations with respect to the accuracy, completeness or timeliness of any
posted on the Houzzcart 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
Materials without our express written permission. Houzzcart's permission to you for your use of the
Platform expressly excludes commercial use by you of any information concerning product descriptions
professional listings for the benefit of another merchant. You are expressly prohibited from any use
data mining, robots, or similar data gathering and extraction tools in your use of the Houzzcart
You may view and print a reasonable number of copies of web pages located on the Houzzcart Platform
own personal use, provided that you retain all proprietary notices contained in the original
including attribution to Houzzcart.
- Ownership. You acknowledge and agree that the Houzzcart Platform and Houzzcart marks will
property of Houzzcart. The content, information and services made available on the Houzzcart
protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that
rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by
the Houzzcart Platform.
5. Reporting Violations of Your Intellectual Property Rights, Houzzcart Policies, or Applicable
We have a special process for reporting violations of your intellectual property rights or other
of Houzzcart 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
request for takedown if you believe content on the Houzzcart Platform infringes your intellectual
rights, please read our Copyright and Trademark Policy.
- Reports of Other Violations. If you believe content on the Houzzcart Platform violates
Policy, Prohibited Products Policy, or otherwise violates applicable law, you may
submit the following Infringement Claim Form (for claims other than copyright or trademark).
We have no obligation to delete content that you personally may find objectionable or offensive. We
to respond promptly to requests for content removal, consistent with our policies described above and
6. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Houzzcart ENTITIES TO YOU.
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 Houzzcart PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS,
THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. WITHOUT LIMITING THE FOREGOING, THE Houzzcart ENTITIES EXPRESSLY DISCLAIM ANY AND ALL
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 Houzzcart ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO
MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE Houzzcart
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)
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 Houzzcart ENTITIES WILL NOT BE LIABLE
UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE Houzzcart ENTITIES
SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR
DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE
ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE)
OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE Houzzcart PLATFORM OR
(ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) ONE-HUNDRED DOLLARS (USD$100) OR
THE AMOUNTS PAID OR PAYABLE BY YOU TO Houzzcart IN CONNECTION WITH THE Houzzcart PLATFORM IN THE
MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. YOUR USE OF THE Houzzcart PLATFORM, PRODUCTS,
SERVICES IS AT YOUR SOLE RISK.
You agree to fully indemnify, defend, and hold the Houzzcart Entities and their directors, officers,
consultants, and other representatives, harmless from and against any and all claims, damages, losses,
(including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or
(a) your breach of any part of this Agreement, including but not limited to the Acceptable
Policy and Prohibited Products Policy; (b) any allegation that any materials you submit
or transmit to the Houzzcart Platform infringe or otherwise violate the copyright, patent, trademark,
secret, or other intellectual property or other rights of any third party; (c) your activities in
with the Houzzcart Platform or other websites to which the Houzzcart Platform is linked; and/or (d) your
or willful misconduct.
If you have a dispute with another user on the Houzzcart Platform or with any third party, you agree that
is under no obligation to become involved. In the event that you have a dispute with one or more other
users, you release Houzzcart, its directors, officers, employees, agents, and successors from claims,
and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or
arising out of or in any way related to such disputes and/or the Houzzcart Platform. As part of this
you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this
release to only include those claims that you may know or suspect to exist in your favor at the time
agreeing to this release.
9. Non-consensual nudity policy.
You may not post or share intimate photos or videos of someone. your account will be blocked if you violate this.
You are not required to agree to receive promotional text messages, calls or pre-recorded messages as
condition of using the Houzzcart Platform. By electing to submit your phone number to us and
these Terms, you agree to receive communications from the Houzzcart Entities, including via text
calls, pre-recorded messages, and push notifications, any of which may be generated by automatic
dialing systems. These communications include, for example, operational communications concerning your
account or use of the Houzzcart Platform, updates concerning new and existing features on the Houzzcart
communications concerning promotions run by us or third parties, and news relating to the Houzzcart
industry developments. Standard text message charges applied by your telephone carrier may apply to text
messages we send. If you submit someone else’s phone number or email address to us to receive
from the Houzzcart Entities, you represent and warrant that each person for whom you provide a phone
email address has consented to receive communications from Houzzcart.
If you wish to stop receiving promotional emails or promotional text messages, we provide the
methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or
initial text message for that category of promotional emails or text messages or (b) if you have an
account on the Houzzcart Platform, you may opt-out or unsubscribe using your settings.
Effective 1st January, 2020