General

These Terms of Use (the “Agreement”) outline the terms and conditions upon which you may access and use the Hoame App (the “App”) and your right to cancel the use of the App.  The App includes the software itself as well as all of its components and content.  This Agreement applies to the App and all future updates of the App unless otherwise communicated to you. Please read this Agreement carefully before using the App as it represents a legally binding agreement between you and Hoame.  If you wish to access and use the App and the Services, you must accept and agree to be bound by and comply with these Terms of Use.  If you do not agree to the terms and conditions in this Agreement, then you are not permitted to use the App. You agree that this Agreement, and any related information, communications and agreements between you and Hoame, may be made available or occur electronically.  This Agreement was last updated on the date indicated below.  

Use of the App

Hoame grants you a limited, revocable, non-transferable and non-exclusive licence to download, install, and use the App for your personal, non-commercial entertainment in accordance with this Agreement and in compliance with applicable laws. The App may be purchased through the Oculus Store.

You acknowledge and agree that the App is not reviewed or assessed by Hoame and that your use of the App is based on your own subjective experiences.  You further acknowledge and agree that Hoame cannot guarantee the availability of the App at any given time.  You are not permitted to use the App for the purposes of market research or any other competitive purposes.  You must be at least 18 years of age to enter into this Agreement.  If you are under the age of 18, your parent or legal guardian must read and accept this Agreement and the Privacy Policy on your behalf.

Use of the App beyond the scope of authorized access granted to you by this Agreement immediately terminates your licence to use the App.  Access and use of the App may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications.  Hoame is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of the App for any reason.  All rights not expressly granted by this Agreement are reserved to Hoame.

Account and Registration

The App uses the Oculus ID, profile, and username of users.  You will be required to register for an Oculus account in order to purchase and use the App. You will be required to create a username and password when registering for your account.  You may also be required to provide your first name, last name, email address, home address and telephone number when registering for your account.  You agree that when registering for an account the information you provide will be complete and accurate.  You also agree that any username selected will not violate any laws or intellectual property rights of others and will not be offensive, vulgar, or otherwise prohibited by law.  You agree that you are responsible for all activity on your account including activities by third parties, whether or not they are authorized to use the account.  You may not have more than one account at any time and you may not use the App if you have been previously removed or banned from using the App.

Intellectual Property

Hoame is the owner and/or licensee of all intellectual property on the App including, but not limited to, all text, audio, images and other materials or elements.  The content displayed on or through the App is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. You agree that any reproduction, modification, creation of derivative works from or redistribution of the App or the collective work, and/or copying or reproducing the App or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Hoame.  You further agree not to reproduce, duplicate or copy content from the App without the express written consent of Hoame, and agree to abide by any and all copyright notices displayed on the App.  You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the App. Without limiting the generality of the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the App.  For greater clarity, Hoame retains all ownership rights to the App and no proprietary rights are assigned to you through this Agreement or otherwise.  Hoame retains all moral rights to the App, as applicable.  Although Hoame does not claim ownership of content that its users post, by posting content to the App that is accessible to all users, you automatically grant, and you represent and warrant that you have the right to grant, to Hoame an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content, and create compilations and derivative works from such content, as part of the App or otherwise.

User Conduct

You must not use the App in any way that causes, or may cause, damage to the App or impairment of the security, availability or accessibility of the App or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.  

To the extent that the App permits you to post, email, link or otherwise make available content, you agree not to post, email, link or otherwise make available content that: is unlawful; includes personal or identifying information about another person without that person’s explicit consent; impersonates any person or entity, including, but not limited to, a Hoame employee, or falsely states or otherwise misrepresents an affiliation or association with Hoame or any other person or entity; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; is harmful, threatening, abusive, harassing, defamatory, pornographic; harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupts the normal use of the App with an excessive amount of content, or that otherwise negatively affects other users’ ability to use the App; or employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the App. 

You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Hoame, or any other person may incur as a result of your submission of any information on or through the App.  Hoame reserves the right to refuse to post or to remove any links or content, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or otherwise in violation of this Agreement.

App Purchase and Subscription and Cancellation

The App may be downloaded from the Oculus store once you have registered for your Oculus account.  Once you have downloaded the App, you will be able to subscribe to a one (1) month,  six (6) month, or one (1) year pass.  You agree to pay the fees as specified on the App.  You agree to pay the fees in advance of your use of the App and acknowledge that the fees are non-refundable except as set forth in this Agreement.  The App uses Oculus’ payment processing and you agree to provide a valid credit card number in order to process payment of the fees.  

The subscription options, which are also listed on the App, are as follows:

• 1-month pass – $7.99 USD

• 6-month pass – $49.99 USD

• 12-month pass – $79.99 USD

All subscriptions include a 7-day free trial period.  Billing for the subscription will automatically begin after your free trial period unless cancelled prior to. 

Your purchase of a subscription is final and you will not be able to cancel the purchase and/or receive a refund of our subscription fee at any time subject to the seven (7) day trial period and governing laws and legislation.  Without limiting the generality of the foregoing, you may cancel your subscription at any time but such cancellation will be effective at the end of your subscription period.  You will not receive a refund for any portion of the subscription fee paid for your subscription period at the time of cancellation.  You may cancel via the Oculus App. You will be responsible for all subscription fees incurred for the subscription period.  If you cancel, your right to use the App will continue until the end of your subscription period and will then terminate without any additional charges to you.

Termination

Hoame may, in its sole discretion, suspend or terminate user access to the App without notice and for any reason.  Upon suspension or termination, Hoame reserves the right to remove any and all content you have saved with Hoame and the App, including but not limited to account information and user content.  Hoame disclaims all liability and you agree to indemnify and hold harmless Hoame for any losses suffered as a result of the suspension or termination of user access to the App.  Upon termination, all licenses granted to you under this Agreement shall immediately cease.

Privacy

We respect your right to privacy.  All information that we may collect via the App is subject to our Privacy Policy, which is incorporated by reference into this Agreement.  Our Privacy Policy is accessible on our App.

Disclaimer Regarding Third Party Content

 The App may offer access to third party websites and content. Hoame exercises no control over such third-party content and is not responsible for the accuracy or integrity relating to such content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies with respect to this third-party content. Inclusion of a link to third party content does not imply endorsement by Hoame of such content. You further agree that Hoame shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party content. 

Disclaimer of Warranties and Liability

 The App is provided on an “as is” and “as available” basis without any warranty or condition of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.  Hoame does not provide any warranty with respect to the availability of the App, loss of user data on the App, or that the App works without any bugs, glitches, or other technical issues.  Hoame does not take any responsibility for any bugs, glitches, or other technical issues experienced in the App.

Hoame does not warrant the currency, accuracy or completeness of the content. You agree and acknowledge that Hoame and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers, shall not be liable for any direct, special, indirect, incidental, or consequential damages, which may result from the use of the App.  Hoame may make changes to the App at any time without notice.  

Amendments

Hoame reserves the right, at its sole discretion, to modify this Agreement at any time. Such modifications shall become effective thirty (3) days after the posting thereof.  You must review this Agreement on a regular basis to keep yourself apprised of any changes.  If you do not agree to the changes, you may terminate this Agreement at any time by ceasing to use the App.

Indemnity

You agree to indemnify and hold harmless Hoame and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers from any claim or demand, including reasonable legal fees and court costs with respect to your use of the App, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another person.

Contact

If you have any questions, comments, or feedback with respect to this Agreement, you may contact us via email at info@hoame.ca.  You agree that Hoame may contact via the email address as provided by you when responding to your inquiries.

Entire Agreement 

These Terms of Use constitute the entire agreement between you and Hoame regarding your use of the App, superseding any prior agreements between you and Hoame, except for those agreements incorporated by reference herein.

Governing Law

These Terms of Use and the relationship between you and Hoame shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Hoame agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario.  You and Hoame further agree to comply with all applicable laws in connection with the activities under these Terms of Use.

Non-Waiver

The failure of Hoame to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. 

Severability

If any provision of these terms of use is found by a court of competent jurisdiction to be void or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect.

Assignment

You may not transfer, assign, charge, sell, or encumber your rights or obligations arising under these Terms of Use without the prior written consent of Hoame.

Last updated:  December 27, 2021