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TERMS OF USE

AGREEMENT TO TERMS

Last Updated: April 26, 2024
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Hometopia Inc. and its owners and affiliated
companies, including but not limited to Everyrealm Inc. and Hometopia LLC (collectively
referred herein as "Company," “we," “us," or “our”), concerning your access to and use of the
Hometopia.com website as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto or playing the Hometopia
game (collectively, the “Services”).  You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time
to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the “Last updated” date of these Terms
of Use. You waive any right to receive specific notice of each such change but we will make
commercially reasonable efforts to inform you of any changes. Please ensure that you check the
applicable Terms every time you use our Services so that you understand which Terms apply.
You will be subject to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised Terms of Use by your continued use of the Services after the date such
revised Terms of Use are posted.
The information provided on the Services is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other locations do
so on their own initiative and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use these
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
The Services is intended for users who are at least 13 years of age. All users who are minors in
the jurisdiction in which they reside (generally under the age of 18) must have the permission of,
and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you
must have your parent or guardian read and agree to these Terms of Use prior to you using the
Services.
 
1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services are our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs, and graphics
on the Services (collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are
protected by copyright and trademark laws and various other intellectual property rights and
unfair competition laws of the United States, international copyright laws, and international
conventions. The Content and the Marks are provided on the Services “AS IS” for your
information and personal use only. Except as expressly provided in these Terms of Use, no part
of the Services and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed,
or otherwise exploited for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Services, you are granted a limited license to access and
use the Services and to download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Services, the Content and the Marks. You own the homes
you build and interiors you design (“Builds”) but the Company reserves all intellectual property
rights as further described below.
2. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3) you have the
legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of
13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Services; (6) you will not access the Services through
automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use
the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not
violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
3. USER REGISTRATION
You may be required to register with the Services. You agree to keep your password confidential
and will be responsible for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the
Services available. The Services may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
 Systematically retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
 Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
 Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.
 Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
 Use any information obtained from the Services in order to harass, abuse, or harm
another person.
 Make improper use of our support services or submit false reports of abuse or
misconduct.
 Use the Services in a manner inconsistent with any applicable laws or regulations.
 Engage in unauthorized framing of or linking to the Services.
 Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
 Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
 Delete the copyright or other proprietary rights notice from any Content.
 Attempt to impersonate another user or person or use the username of another user.
 Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive
or active information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).
 Interfere with, disrupt, or create an undue burden on the Services or the networks or
services connected to the Services.
 Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
 Attempt to bypass any measures of the Services designed to prevent or restrict access to
the Services, or any portion of the Services.
 Copy or adapt the Services’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
 Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the Services.
 Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any

spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or
launching any unauthorized script or other software.
 Use a buying agent or purchasing agent to make purchases on the Services.
 Make any unauthorized use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
 Use the Services as part of any effort to compete with us or otherwise use the Services
and/or the Content for any revenue-generating endeavor or commercial enterprise.
 Use the Services to advertise or offer to sell goods and services.
 Sell or otherwise transfer your profile.
 Violate our Community Guidelines. 
 
5. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to
us or on the Services, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material including your Builds
(collectively, "Contributions"). Contributions may be viewable by other users of the Services and
through third-party websites. As such, any Contributions you transmit may be treated as non-
confidential and non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
 The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
 You are the creator and owner of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Services, and other users of the Services
to use your Contributions in any manner contemplated by the Services and these Terms of
Use.
 You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of your Contributions in
any manner contemplated by the Services and these Terms of Use.
 Your Contributions are not false, inaccurate, or misleading.
 Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
 Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
 Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
 Your Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of people.
 Your Contributions do not violate any applicable law, regulation, or rule.
 Your Contributions do not violate the privacy or publicity rights of any third party.

 Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
 Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
 Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Terms of Use and may result
in, among other things, termination or suspension of your rights to use the Services and trigger
your Indemnification obligations set forth below.
6. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to
the Services you automatically grant, and you represent and warrant that you have the right to
grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-
free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution
may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that moral rights
have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.  Your indemnification
obligations may be triggered by your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations
on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
7. BUILD CREATION AND OWNERSHIP
One type of Contribution is a Build. All the Terms of Use applicable to Marks, Content and the
Services apply to your Avatar except that your Avatar is your property. A Build is created

through the Services and the Company owns and controls all rights in the Services, Content,
Marks. Subject to your compliance with these Terms of Use, Company grants you  a non-
exclusive, revocable, non-sublicensable, and non-transferable license to use the Services,
Content and Marks for the purpose of creating, developing, using and modifying your Build
(“Build License”). The Build must be used solely on the Site and in conjunction with the
Services.  Your Build includes certain templates that serve as a starting point that you can use. 
The templates are part of the Services. The Company owns or controls all rights in all templates
and all elements contained therein and makes templates available to You pursuant to the Build
License.  You may only use templates in a way consistent with these Terms of Use and using a
template does not give you any ownership rights in that template. Subject to Your compliance
with these Terms of Use, Company also grants You a non-exclusive, limited, revocable, non-
transferable license to use other content that Company develops and makes available on the Site
solely for use on the Site and with the Services and to create your Build. You will not be entitled
to any payment or other compensation for Your use of any content (including any such content
that You may modify or enhance) except as part of the Services (limited to in-game currency, if
any).  Company reserves the right to terminate the Build License and any sublicenses or related
licenses between You and Company at any time and for any reason. With respect to any content
You create, including your Build, through the Services or any content places on the Site, You
grant Company a perpetual, worldwide, non-exclusive, royalty-free right and license (with the
right to sublicense to any person or entity, whether a user of the Services or not) to host, store,
transfer, translate, localize, publicly display, publicly perform (including by means of digital
audio transmissions and on a through-to-the-audience basis), reproduce (including in timed
synchronization to visual images), modify, enhance, distribute, and use the content  that that you
make available on the Services in whole or in part or on the Site and in connection with the
Services and otherwise as solely permitted by these Terms of Use. This includes but is not
limited to the right to sublicense to other users the right to host, store, transfer, translate, localize,
publicly display, publicly perform, reproduce (including in timed synchronization to visual
images), modify, enhance, distribute, and use the Build on the Site  and in connection with the
Services. You also grant to Company the exclusive, worldwide, irremovable, perpetual, fully
paid, sublicenseable right to use any Build or other content, whether on the Site or off the Site. 
You also agree to make the Build available on the site and the Services and in any media or
channel of distribution now known or hereafter developed in connection with the publicity and
marketing of the site and the Services even if You have exercised a right to be forgotten under
the GDPR or equivalent right under other privacy laws. Company may also use the Build for
commercial, non-commercial and educational uses to promote the Services and the Site. 
Company is not required to give You any attribution or compensation for any reason nor is
Company required to use the license You grant or exploit any of the rights granted herein. You
retain the right to delete or update any or all content within site at any time and at your discretion
(and you will delete or update such content if required by law) provided that regardless of any
such update or deletion having occurred, and regardless of any termination of these Terms of Use
or termination or suspension of your account Company’s right to use any Contribution or Build
or or other content that is already in use by Company pursuant to a license or otherwise in
accordance with these Terms of Use shall continue in perpetuity. If your account is terminated,
you will lose access to your Build and any Contributions. 
 

You shall in no event use Contributions and Builds (including any portions thereof) in
connection with any off-Services physical or digital merchandise, motion picture, television
program, theatrical play, book, or other publication, in each case whether for giveaway or
compensated access (including license or sale). You hereby represent and warrant not to make
any such use of Contributions or Builds (including any portions thereof). You also agree to make
Contributions and Builds available in any media or channel of distribution now known or
hereafter developed in connection with the publicity and marketing of the Services or
Hometopia, even if You have exercised a right to be forgotten under the GDPR or equivalent
right under other privacy laws.
 
The rights You grant to Company are provided on a through-to-the-audience basis, meaning the
owners or operators of third-party services won’t have separate liability to You or anyone else for
Contributions or Builds that You have made available on the Services or used on third-party
services.
8. TOPES and VIRTUAL ITEMS
Topes is the official currency of the Services and can be used to acquire content such as land and
materials for your Builds. or access to interactive content called “Experiences” on the Services.
Topes are not a substitute for real currency, do not earn interest, and have no equivalent value in
real currency. Topes cannot be redeemed for any fiat currency, and Company is not obligated to
exchange a Topes for anything else of value.  Your acquisition or purchase of Topes only entitles
you to receive a limited, non-transferable, revocable license to use Topes (i) in connection with
the Services, (ii) for your personal entertainment only, and (iii) in the ways permitted by
Company. Your limited license to use Topes may end if (i) you violate the Terms of Use, (ii) your
account is suspended or terminated, or (iii) these Terms of Use or the Services are terminated.
You may not use, acquire, or distribute Topes except through the Services and except as
expressly allowed by the Company. Any attempt to do so constitutes a violation of the Terms of
Use and will render the transaction void (automatically canceled), and may result in the
immediate suspension or termination of your account and your license to use Topes. The
Company does not recognize or take responsibility for third-party services that allow Users to
sell, transfer, purchase, or otherwise use Topes.  Only if You have reached the age of majority in
their jurisdiction or state of residence may you acquire Topes. Company, in its sole discretion,
may implement changes to Topes at any time. This may include limiting the number of Topes a
user may acquire or increasing or decreasing the amount of Topes required to perform certain
tasks or obtain certain items. Except for the limited licenses granted to you under the Terms of
Use, Company has and retains all rights in and to Topes. This includes the right to modify,
revoke, or terminate your license to use Topes without notice, payment, or liability to you.
Company makes no guarantees or warranties regarding Topes or their availability or value.
You may acquire or sell “Virtual Items” (including without limitation materials needed for your
Build) offered by Company solely on the Services. The acquisition or sale of Virtual Items on the
Services is solely for Your personal entertainment; it does not create any legally enforceable
contract between (i) You and Company or (ii) You and any other user. Virtual Items have no real
world equivalent value and you do not acquire any enforceable legal rights in and to any Virtual
Items based on any transaction on the Services. When you spend Topes to acquire Virtual Items

or acquire Topes for the sale of Virtual Items or services, the Topes are collected through the
Services and immediately deducted from or added to Your account. All such transfers are final
and, unless otherwise permitted by Company through its policies or practices, non-refundable
and non-reversible. Company has the right, in its sole discretion, to suspend the availability of, or
remove from the Services and your account, any content (including without limitation Virtual
Items) without advance notice. Company shall not be liable to You for any losses you may
experience because of such suspension or removal, and Company is not required to refund any
Topes or Virtual Items or other funds that You have spent on any removed or suspended content,
except where legally required.
10. MOBILE APPLICATION LICENSE
Use License
If you access the Services via a mobile application, then we grant you a revocable, non-
exclusive, non-transferable, limited right to install and use the mobile application on wireless
electronic devices owned or controlled by you, and to access and use the mobile application on
such devices strictly in accordance with the terms and conditions of this mobile application
license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the
application; (2) make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the application; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted by us or the licensors
of the application; (5) use the application for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the application
available over a network or other environment permitting access or use by multiple devices or
users at the same time; (7) use the application for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the application; (8) use the
application to send automated queries to any website or to send any unsolicited commercial e-
mail; or (9) use any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of any applications,
accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple
Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted
to you for our mobile application is limited to a non-transferable license to use the application on
a device that utilizes the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2)
we are responsible for providing any maintenance and support services with respect to the
mobile application as specified in the terms and conditions of this mobile application license
contained in these Terms of Use or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance
and support services with respect to the mobile application; (3) in the event of any failure of the
mobile application to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and policies, may refund the

purchase price, if any, paid for the mobile application, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation whatsoever with
respect to the mobile application; (4) you represent and warrant that (i) you are not located in a
country that is subject to a U.S. government embargo, or that has been designated by the U.S.
government as a “terrorist supporting” country and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties; (5) you must comply with applicable third-
party terms of agreement when using the mobile application, e.g., if you have a VoIP application,
then you must not be in violation of their wireless data service agreement when using the mobile
application; and (6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license contained in these
Terms of Use, and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party beneficiary thereof.
11. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you
have with third-party service providers (each such account, a “Third-Party Account”) by either:
(1) providing your Third-Party Account login information through the Services; or (2) allowing
us to access your Third-Party Account, as is permitted under the applicable terms and conditions
that govern your use of each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us and/or grant us access to
your Third-Party Account, without breach by you of any of the terms and conditions that govern
your use of the applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1)
we may access, make available, and store (if applicable) any content that you have provided to
and stored in your Third-Party Account (the “Social Network Content”) so that it is available on
and through the Services via your account, including without limitation any friend lists and (2)
we may submit to and receive from your Third-Party Account additional information to the
extent you are notified when you link your account with the Third-Party Account. Depending on
the Third-Party Accounts you choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Services. Please note that if a
Third-Party Account or associated service becomes unavailable or our access to such Third Party
Account is terminated by the third-party service provider, the Social Network Content may no
longer be available on and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and your contacts list stored on
your mobile device or tablet computer solely for purposes of identifying and informing you of

those contacts who have also registered to use the Services. You can deactivate the connection
between the Services and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such a Third-Party Account, except
the username and profile picture that become associated with your account.
12. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Services ("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your Submissions.
13. THIRD-PARTY WEBSITE AND CONTENT
The Services may contain (or you may be sent via the Services) links to other websites ("Third-
Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or originating
from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content
are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us,
and we are not responsible for any Third-Party Websites accessed through the Services or any
Third-Party Content posted on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the Services and access
the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk,
and you should be aware these Terms of Use no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any website to which you
navigate from the Services or relating to any applications you use or install from the Services.
Any purchases you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree and acknowledge that we
do not endorse the products or services offered on Third-Party Websites and you shall hold us
harmless from any harm caused by your purchase of such products or services. Additionally, you
shall hold us harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these
Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion,

violates the law or these Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper functioning of the
Services.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
Hometopia.com/privacy. By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Terms of Use. Please be advised the Services are hosted in the
United States. If you access the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ from applicable
laws in the United States, then through your continued use of the Services, you are transferring
your data to the United States, and you agree to have your data transferred to and processed in
the United States. Further, we do not knowingly accept, request, or solicit information from
children or knowingly market to children. Therefore, in accordance with the U.S. Children’s
Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13
has provided personal information to us without the requisite and verifiable parental consent, we
will delete that information from the Services as quickly as is reasonably practical.
16. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES OR BLOCKCHAIN LOCATIONS), TO ANY PERSON FOR ANY REASON
OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update any
information on our Services. We also reserve the right to modify or discontinue all or part of the
Services without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of
the Services. Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW 
These Terms of Use and your use of the Services are governed by and construed in accordance
with the laws of the State of New York applicable to agreements made and to be entirely
performed within the State of New York, without regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
one hundred eighty (180) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively resolved through
binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. The arbitration may be conducted in person, through the submission
of documents, by phone, or online. The arbitrator will make a decision in writing, but need not
provide a statement of reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the arbitration will take place
in New York, New York. Except as otherwise provided herein, the Parties may litigate in court to

compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in New York, New York, and
the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum
non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms
of Use.  IN ANY CASE AGAINST US, YOU GIVE UP YOUR RIGHT TO TRIAL BY JURY
OF ANY CLAIM YOU MAY HAVE. A JURY WILL NOT BE THE FACT FINDER IN ANY
DISPUTE. 
In no event shall any Dispute brought by either Party related in any way to the Services be
commenced more than one (1) years after the cause of action arose. If this provision is found to
be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable, and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court, AND IN ANY CASE
AGAINST US IN COURT, YOU GIVE UP YOUR RIGHT TO TRIAL BY JURY OF ANY
CLAIM YOU MAY HAVE. 
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures and you may not join with any other person to bring a
collective or class arbitration or suit of any type; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general public or
any other persons and are not permitted to serve in a representative capacity in any such suit or
arbitration. 
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the information
on the Services at any time, without prior notice.
21. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND REGULATORY COMPLIANCE. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE; (7) DATA
BREACH OR DATA LOSS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
OR $10,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach
of these Terms of Use; (4) any breach of your representations and warranties set forth in these
Terms of Use; (5) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any such data, including but not limited to
loss or corruption of data caused by a data breach, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US
OR VIA THE SITE. You hereby waive any rights or requirements under any statutes,

regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
26. UK AND EUROPEAN UNION USERS AND RESIDENTS
If you are a resident of the UK or a state of the European Union, data protection is a
“fundamental right”. You have the right to access, and protection of, your personal data that has
been collected. If any complaint with us is not satisfactorily resolved, you have the right to file a
claim with the your local data protection supervisory authority. You can find their contact details
here: https://www.edpb.europa.eu/about-edpb/about-edpb/members
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Services or in respect
to the Services constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of Use or use of the Services.
You agree that these Terms of Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic form of these
Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. 
29. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at:
Hometopia Inc.
P.O. Box 452
New York, NY 10276
United States
Phone: 860-255-4493

contact@hometopia.com

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