Terms of Use

CONTRAFINDER TERMS OF USE

ContraFinder is the leading platform for retail remodeling and design, providing a platform for industry professionals. Using ContraFinder, people can find ideas and inspiration, hire professionals. 

These Terms of Use (the "Terms" or the "Agreement") set forth the binding legal agreement between you and ContraFinder. These Terms govern your use of www.contrafinder.com, and all of the related websites, mobile apps, products, software, services, programs, and networks offered by ContraFinder (collectively, the "ContraFinder Platform").

We refer to the e-commerce marketplace on the ContraFinder Platform as the "ContraFinder Shop." If you visit or make a purchase or sale through the ContraFinder Shop via www.contrafinder.com or the related mobile app experience, then this Agreement is also between you and ContraFinder Shop LLC. ContraFinder Inc., ContraFinder Shop LLC and/or ContraFinder Shop International LLC, are collectively referred to as "ContraFinder," "we," or "us" in this Agreement.

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 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.

1. Which Terms Apply to You

We encourage you to review these Terms carefully. By accessing or using the ContraFinder Platform in any way, including browsing www.contrafinder.com or related websites, you are agreeing to these Terms. Other agreements and policies listed below also apply to your use of the ContraFinder Platform. If you do not agree to any of the agreements and policies, you cannot use the ContraFinder Platform. 

The following agreements and policies apply to all users of the ContraFinder Platform: 

1. Terms of Use: these Terms govern your use of any and all aspects of the ContraFinder Platform. 
2. Privacy Policy & Cookie Policy: Our Privacy Policy details our privacy practices. By using the ContraFinder Platform in any way, you understand and acknowledge that the terms of the Privacy Policy apply to you, regardless of whether you have created an account on ContraFinder. The Cookie Policy also applies to use of cookies and similar technologies.
3. Acceptable Use Policy: When using the ContraFinder 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.
4. Copyright & Trademark Policy: This Policy outlines ContraFinder’s policy for responding to and dealing with intellectual property complaints for the ContraFinder Platform. Users who upload, submit, or provide material to or on the ContraFinder Platform are subject to the terms of the Copyright & Trademark Policy. 

3. Your Content.

1. Definition of Your Content. The ContraFinder Platform enables you to post, upload, or otherwise submit materials, including without limitation photos, reviews, feedback (as explained below), profile pictures, ideabooks, messages, comments. You may also post reviews of professionals, third-party service providers, third-party products, merchants, or third-party services. All materials that you post on the ContraFinder Platform or otherwise provide to ContraFinder will be referred to collectively as "Your Content."
2. License 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 license (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, including in the event of termination of any applicable ContraFinder service, 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 authorize 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 throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
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 ContraFinder 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 ContraFinder Business Purposes. "ContraFinder Business Purposes" means any use in connection with a ContraFinder-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the ContraFinder Platform, the services or the information it contains, ContraFinder, or its affiliates. ContraFinder Business Purpose specifically includes the use of Your Content on the ContraFinder Platform in connection with features and functions offered by ContraFinder to our users that enable them to view and interact with Your Content.
4. Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content on the ContraFinder Platform, you represent and warrant to us that you have the ownership rights, or you have obtained 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 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 ContraFinder's Acceptable Use Policy, 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, individual, or entity by reason of Your Content.
5. Limits. We reserve the right to remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy, Copyright and Trademark Policy, or Review Policy) without notice. We do not guarantee that we will publish or remove all of Your Content.
6. Feedback and Reviews: We welcome your feedback and suggestions about how to improve the ContraFinder Platform. Feel free to submit feedback at https://contrafinder.com/contact. All reviews provided for products, professionals, or other third parties via the ContraFinder Platform are also subject to ContraFinder’s Review Policy.  For the avoidance of doubt, reviews and feedback are also Your Content. By submitting feedback or reviews in this or in any other manner to us, you 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, as further described in Section 3(b).  

4. Our Content and Materials.

1. Definition of Our Content and Materials. All intellectual property in or related to the ContraFinder Platform (specifically including, but not limited to, our software, the ContraFinder marks, the ContraFinder logo, and ContraFinder buttons, badges, and widgets, but excluding Your Content), is the property of ContraFinder Inc., its subsidiaries and affiliates or its licensors ("Our Content and Materials").
2. Our License to You. Subject to these Terms of Use, including the restrictions below, we grant you a limited non-exclusive license to use and access Our Content and Materials in connection with your use of the ContraFinder Platform. Except as expressly agreed to otherwise by us, your use of the ContraFinder Platform must be limited to personal non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
3. 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. ContraFinder's permission to you for your use of the ContraFinder Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You are expressly prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the ContraFinder Platform. You may view and print a reasonable number of copies of web pages located on the ContraFinder Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to ContraFinder.
4. Ownership. You acknowledge and agree that the ContraFinder Platform and ContraFinder marks will remain the property of ContraFinder. The content, information and services made available on the ContraFinder Platform are protected by UAE 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 ContraFinder Platform.

5. Reporting Violations of Your Intellectual Property Rights, ContraFinder Policies, or Applicable Laws.

We have a special process for reporting violations of your intellectual property rights or other violations of ContraFinder policies or applicable laws.

1. Reporting Violations of Your Intellectual Property Rights. We have adopted and implemented a Copyright and Trademark Policy to address intellectual property rights. For more information, including detailed information about how to submit a request for a takedown if you believe content on the ContraFinder Platform infringes your intellectual property rights, please read our Copyright and Trademark Policy.
2. Reporting of Other Violations. If you believe content on the ContraFinder Platform violates ContraFinder's Acceptable Use Policy, or otherwise violates applicable law, you may reach out to us via https://contrafinder.com/contact.

We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.  ContraFinder may disclose communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

7.  Third Party Content, Services & Providers.

1. Third-Party Content. The ContraFinder Platform enables access to third-party content, products, and services, such as access to services from professionals, and it offers interactions with third-parties that we do not 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, ContraFinder does not conduct background checks or otherwise vet the professionals listed on the ContraFinder Platform. Participation or availability on the ContraFinder Platform does not amount to endorsement or verification by us, and ContraFinder does not endorse or recommend the products, services, or other offerings by any professional, merchants, or other third party featured on the ContraFinder Platform. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the ContraFinder Platform by anyone.
2. Third-Party Services. You may be provided the opportunity on the ContraFinder 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 ContraFinder Platform. The availability of any Third-Party Services on the ContraFinder Platform does not imply our endorsement of the Third-Party Services.
3. Third-Party Sites. The ContraFinder Platform may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.

8.  Disclaimers and Limitations of Liability.

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CONTRAFINDER ENTITIES TO YOU.

The "Contrafinder Entities" Means 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:

1. We Are Providing You The Contrafinder 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 Contrafinder 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.
2. The Contrafinder 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 Contrafinder 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, (V) The Quality Or Conduct Of Any Third-Party You Encounter In Connection With Your Use Of The Site; And (Vi) Use Of The Contrafinder Tools, Including Their Accuracy, Completeness, Reliability, And Results.
3. You Agree That Under The Maximum Extent Permitted By Law, The Contrafinder Entities Will Not Be Liable To You Under Any Theory Of Liability. Without Limiting The Foregoing, You Agree That The Contrafinder Entities Specifically Will Not Be Liable For (I) Any Indirect, Incidental, Consequential, Special, Or Exemplary Damages, Loss Of Profits, Business Interruption, Reputational Harm, Or Loss Of Data (Even If The Contrafinder 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 Contrafinder Platform Or Products Or (Ii) Any Amount, In The Aggregate, In Excess Of The Greater Of (A) One-Hundred Dollars (Usd$100) Or (B) The Amounts Paid Or Payable By You To Contrafinder In Connection With The Contrafinder Platform In The Twelve (12) Month Period Preceding The Applicable Claim. Your Use Of The Contrafinder Platform, Products, Information, Or Services Is At Your Sole Risk.

9. Indemnification.

You agree to fully indemnify, defend, and hold the ContraFinder Entities and their directors, officers, employees, consultants, agents, 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 ; (b) any allegation that any materials you submit to us or transmit to the ContraFinder Platform, including Your Content, infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your use of and your activities in connection with the ContraFinder Platform or other websites to which the ContraFinder Platform is linked; and/or (d) your negligent or willful misconduct.

10. Communications.

You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the ContraFinder Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the ContraFinder Entities and its professional partners, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems. These communications include, for example, operational communications concerning your account or use of the ContraFinder Platform, updates concerning new and existing features on the ContraFinder Platform, communications concerning promotions run by us or third parties, and news relating to the ContraFinder Platform and 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 communications from the ContraFinder Entities, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from ContraFinder.

11. Miscellaneous.

1. Changes. We reserve the right to:
        i. change the terms of this Agreement, consistent with applicable law;
        ii. change the ContraFinder Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
        iii. deny or terminate your ContraFinder account, or use of and access to the ContraFinder Platform.
   If we make material changes to the Terms, we will notify you through the ContraFinder Platform, by email, or by other means, to offer you an opportunity to review the changes before they become effective. You agree that your continued use of the ContraFinder Platform after such changes become effective constitutes your acceptance of the changes. If you do not agree with any updates to this Agreement, you may not continue to use the ContraFinder Platform. Be sure to return to this page periodically to ensure your familiarity with the most current version of the Terms of Use. Any changes to the Terms will be effective on a going forward basis.
2. Languages. The English version of this Agreement will be the binding version 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. To the extent allowed by law, any inconsistencies among the different translations will be resolved in favor of the English version.
3. Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with ContraFinder's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. ContraFinder may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
4. Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
5. 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.
6. 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 effect the intent of this Agreement and any of your rights or obligations under this Agreement.
7. Entire Agreement and Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the ContraFinder Platform and constitutes the entire agreement between you and us regarding the ContraFinder 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.
8. Contact. Feel free to contact us by sending us an email at info@contrafinder.com with any questions about this Agreement.
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