TERMS & CONDITIONS
Welcome to Insplosion! Insplosion is a creative brand that aims to inspire, through extensive knowledge and experience in the world of design. Inspiration can be everywhere, from top designers tips, to carefully designed interior design and home décor projects and pics. The trick is knowing what to look for and use it correctly. Millions of inspirations, room by room, is the essence of the brand. And delivering inspiration through the most high quality and exclusive content is the aim. With that line of thought, Insplosion provides inspiration on several thematics such as modern living, sophisticated home décor, styles, trends, accessories. Following Insplosion means keeping up with the latest trends and novelties on interior design and decór. Also means you can idealize your own home decór, by looking at inspirations and connecting with Insplosion. The brand provides inspiration but not only by pictures. Insplosion has a collection of several catalogues organized by style or room, which can definitely offer the choice of creating your own design. Insplosion gives several tips on trends, color and how to blend it all in a clear and elegant design.
These Terms provide important information to you, including your agreement to grant rights to your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action (described in Section 8 below) 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 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 any type of representative actions.
We encourage you to review this Agreement carefully. Any use of the Insplosion Platform, including browsing www.shop.insplosion.com, shall be governed by the Agreement. If you do not agree to any of the Terms, you should stop using the Insplosion Platform.
1. Using the Insplosion Platform.
1.1 Who can use it. You must be at least the age of majority in the state where you live to use the Insplosion Platform. Use of the Insplosion Platform by anyone under 13 years of age is strictly prohibited!
1.4 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 Insplosion Platform while identified by your professional profile. Your professional profile is subject to our Professional Profile Policy.
1.5 Acceptable Use Policy. When using the Insplosion 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.
1.6 Prohibited Products Policy. If you are a professional, a vendor, or a seller, who is authorised to offer products through Insplosion, you agree to abide by the Prohibited Products Policy.
1.7 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 Insplosion policy (including the Acceptable Use Policy or Prohibited Products Policy).
1.8 Feedback. We welcome your feedback and suggestions about how to improve the Insplosion Platform. Feel free to submit feedback at
www.shop.insplosion.com/contact. 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.
2. Your Content
2.1 Definition of Your Content. The Insplosion Platform enables you to post materials, 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 materials that you post on the Insplosion Platform will be referred to collectively as "Your Content." You acknowledge and agree that, as part of using the Insplosion Platform, Your Content may be viewed by the general public and will not be treated as private or confidential.
2.2Licence 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 licence (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 authorise 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.
2.3 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 Insplosion 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 Insplosion Business Purposes. "Insplosion Business Purposes" means any use in connection with a Insplosion-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Insplosion Platform, the services or the information it contains, Insplosion, or its affiliates. Insplosion Business Purpose specifically includes the use of Your Content on the Insplosion Platform in connection with features and functions offered by Insplosion to our users that enable them to view and interact with Your Content (such as Sketch, View in My Room and the embed tool).
2.4 Your Responsibilities for Your Content. By posting Your Content on the Insplosion Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licences 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 Insplosion'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.
2.5 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.
3. Our Content and Materials.
3.1 Definition of Our Content and Materials. All intellectual property in or related to the Insplosion Platform (specifically including, but not limited to, our software, the Insplosion marks, the Insplosion logo, and Insplosion buttons, badges, and widgets, but excluding Your Content), is the property of Insplosion Inc., its subsidiaries and affiliates or its licensors ("Our Content and Materials").
3.3 No Endorsement or Verification. Please note that the Insplosion 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). For example, Insplosion does not conduct background checks or otherwise vet the professionals listed on the Insplosion Platform. Participation or availability on the Insplosion 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 Insplosion Platform by anyone.
3.4 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. Insplosion's permission to you for your use of the Insplosion 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 Insplosion Platform. You may view and print a reasonable number of copies of web pages located on the Insplosion Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Insplosion.
3.5 Ownership. You acknowledge and agree that the Insplosion Platform and Insplosion marks will remain the property of Insplosion. The content, information and services made available on the Insplosion Platform are protected by Portugal 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 Insplosion Platform.
4. Other Offerings on the Insplosion Platform
4.1 Third-Party Services. You may be provided the opportunity on the Insplosion 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 Insplosion Platform. The availability of any Third Party Services on the Insplosion Platform does not imply our endorsement of the Third Party Services.
5. Reporting Violations of Your Intellectual Property Rights, Insplosion Policies, or Applicable Laws
We have a special process for reporting violations of your intellectual property rights or other violations of Insplosion policies or applicable laws.
5.1 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 Insplosion Platform infringes your intellectual property rights, please read our Copyright and Trademark Policy. For your convenience, we provide you a Copyright or Trademark Infringement Claim Form, which you should use for fastest processing that you can fill at www.insplosion.com/contacts.
5.2 Reports of Other Violations. If you believe content on the Insplosion Platform violates Insplosion's Acceptable Use Policy,
Prohibited Products Policy, or otherwise violates applicable law, you may submit the following Infringement Claim Form (for claims other than copyright or trademark) at www.insplosion.com/contacts. We have no obligation to delete content that you personally may find objectionable or offensive. We endeavour to respond promptly to requests for content removal, consistent with our policies described above and applicable law.
6. Disclaimers and Limitations of Liability.
Please read this section carefully since it limits the liability of insplosion entities to you.
The "insplosion entities" means insplosion inc., insplosion shop llc, 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 insplosion platform, 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 insplosion 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 insplosion 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 insplosion platform, (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 insplosion entities will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that the insplosion 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 insplosion 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 insplosion platform or products. Your use of the insplosion platform, products, information, or services is at your sole risk.
You agree to fully indemnify, defend, and hold the Insplosion 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 Insplosion 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 Insplosion Platform or other websites to which the Insplosion Platform is linked; and/or (d) your negligent or wilful misconduct.
You are required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the Insplosion Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the Insplosion Entities, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialling systems. These communications include, for example, operational communications concerning your account or use of the Insplosion Platform, updates concerning new and existing features on the Insplosion Platform, communications concerning promotions run by us or third parties, and news relating to the Insplosion Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you wish to stop receiving promotional emails or promotional text messages, we provide the following 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 Insplosion Platform, you may opt-out or unsubscribe using your settings.
9.1 Supplemental Terms for Certain Services. Certain services offered on the Insplosion 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 Insplosion 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.
9.2 Application Provider Terms. If you access the Insplosion Platform through a Insplosion application, you acknowledge that this agreement is between you and Insplosion 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.
9.3 Controlling Law and Jurisdiction. This agreement will be interpreted in accordance with the laws of Portugal and EU (European Union), without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of Portugal and EU (European Union).
9.4 Export. The Insplosion Platform is controlled and operated from our Portugal offices in Porto, Rio TInto. Insplosion software is further subject to Portugal export controls. No software for Insplosion 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 Portuguese government embargo or that has been designated by the Portuguese government as a "terrorist supporting" country, and (2) listed on any Portuguese government list of prohibited or restricted parties.
● Changes. We reserve the right at any time to:
i. change the terms and conditions of this Agreement, consistent with applicable law;
ii. change the Insplosion Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
iii. deny or terminate your Insplosion account, or use of and access to the Insplosion Platform.
● 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 Insplosion's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Insplosion 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 affect 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 Insplosion Platform and constitutes the entire agreement between you and us regarding the Insplosion Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
● Survival: The following provisions will survive expiration or termination of this Agreement: Section 2 (Your Content), Section 3(d)(Restrictions) and 3(e)(ownership), Section 6 (Disclaimers and Limitations of Liability), Section 7 (Indemnification), Section 8 (Dispute Resolution) and Section 10 (Miscellaneous).
Please contact our customer service team at: firstname.lastname@example.org, LIVE CHAT, or CALL OUR SPECIALIST +351 911 776 379.