Term of use
INFORMATION ABOUT US
The Homerun Website is owned by Wiziin, a company incorporated under the laws of The Socialist Republic of Vietnam, under company number 0316481476 (“Wiziin”, “we”, “us”).
Wiziin Inc. is regulated by the State Bank of Vietnam as the holder of a capital markets services license for dealing insecurities with accredited and institutional investors only. Wiziin is also regulated as an exempt financial advisor in relation to securities and collective investment securities in Vietnam.
Wiziin Inc. is not licensed or regulated by the State Bank of Vietnam and does not and will not perform any regulated activities under all applicable laws of Vietnam including dealing in securities, providing financial advice, or advising on corporate finance.
Homerun reserves the right to refuse access to or use of the Website or Services to anyone and to reject, cancel, interrupt, remove, or suspend Services, or access to or use of the same generally, at any time and without notice for any reason without liability.
If you are using our Website or Services on behalf of a legal entity, you warrant that you have the right to enter into agreements on behalf of such legal entity and otherwise represent such legal entity in all your interactions with us.
This Website and the Services are not directed at or intended for distribution to or use by any individual or entity who is a citizen or resident of (or located or established in) any jurisdiction where the access to or use of the Website or Services would be contrary to applicable law or regulation or would subject Homerun to any registration or licensing requirement in such jurisdiction. Your ability to access the Website or services is not, and shall not be construed as, any act or omission that would contravene such law or regulation; a representation that such registration or license has been obtained; or attempt to circumvent any registration or licensing requirement by Homerun. Persons who wish to access this Website are required by Homerun to inform themselves of and to observe any legal or regulatory restrictions which may affect their eligibility to access the Website or use the Services. Professional advice should be sought from financial or other professional advisers regarding the suitability of any investments.
VISIBILITY OF USER INFORMATION
Some pages of this Website are open to all Users and may be accessed by any person. However, access to and use of password-protected or secure areas of the Website is restricted to authorized users only. You may not obtain or attempt to obtain unauthorized access to such parts of the Website, or to any other protected information, through any means not intentionally made available by us for your specific use. Even after you create a user account and sign in, you may not have access to the entirety of the Website.
As provided for on the Website, when creating your user account, you may elect to (i) first sign into a social media account (presently, Facebook and LinkedIn) you own or operate and then provide additional information or (ii) create an entirely new user account with no connection to any existing social media account, in which case you will be required to also select a username and select (or be provided with) a password.
When the user account has been verified and approved by Homerun, you will become a user of the Website (“User”). Users may be (i) investors (“Investors”) interested in investing in a Company on the website or (ii) entrepreneurs (“Entrepreneurs”) seeking funding for private limited companies or other legal entities that they own or control (each, a “Company”).
RESTRICTIONS AROUND THE USE OF WEBSITE & REVOCATION OF ACCESS
Users agree and warrant that they will not disclose (wilfully, negligently, or otherwise) credentials of their user accounts to any third party or otherwise allow any third party to use their user accounts or their access to the Website or Services. If any User has reason to believe that a third party has gained access to his User account without permission, that User must immediately inform Homerun of this.
You may not link to this Site without our prior written permission.
You may not scrape content from this site and repost such content, either manually or automatically, without Homerun’s prior written consent.
Each User agrees that any use of or access to the Website or Services and any information, data, instructions, or communications referable to his user account shall be deemed to be (i) use of or access to the Website or Services by such User or (ii) information, data, instructions or communications carried out, transmitted from, issued by, or otherwise validly originating from such User, and that such User shall be bound by any access or use (whether such access or use is authorized by such User or not) or instructions or communications referable to such User’s user account. Homerun shall be entitled to act upon, rely on, or hold such User solely responsible and liable in respect thereof as if the same were carried out, transmitted, or validly issued by such User.
This site must not be framed on any other site without our prior written permission.
We reserve the right to withdraw linking, scraping, and framing permission without notice.
You agree and warrant that you will not (and will not permit, facilitate, or assist any third party to) publish, post, transmit, transfer, distribute, or upload any content, data, information, or materials on or through the Website or the Services which: (i) is or may be false, indecent, misleading, untruthful, or inaccurate; (ii) promotes or encourages or may promote or encourage illegal or unlawful activity; (iii) is or may be racially or ethnically or otherwise offensive; (iv) constitutes or may constitute agitation against a minority (such as a national or ethnic group); (v) constitutes or may constitute defamation; (vi) contains or may contain pornography or is in any other way sexually explicit; (vii) discriminates or may discriminate on any basis including sexual orientation or religion; (viii) may not be lawfully disseminated under applicable laws; (ix) you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the Website or the Services; (x) is or may in anyway be harmful, abusive, offensive, or illegal; or (xi) infringes the rights of any third party.
If you wish to make any use of material on this Site other than that set out above, please address your request to email@example.com
HOW HOMERUN WORKS
Homerun is an investment management tool. Investors may invest in companies through participation in a DAO limited liability company. Homerun is not and will not be acting in any capacity as a placement agent or a financial advisor for any potential transactions that take place if any. Investors who participate in Homerun understand and acknowledge that Homerun does not assume any advisory, fiduciary, professional, or similar or other duties or act as any type of professional adviser to such Investors. No such Investor should rely on any information contained on the Website in making an investment or other decision. Homerun assumes, and you agree that we are entitled to rely on the assumption, that every such Issuer or Investor has taken or will take the necessary independent legal, tax, financial, or other advice in connection with any activity on the Website.
The Website may include content, information, text, graphics, logos, icons, images, sound clips, video clips, data compilations, or other materials submitted by Users for inclusion in or posting through the Website or Services (the “User Materials”).
Homerun neither endorses nor assumes any responsibility in respect of the User Materials. The Users submitting their User Materials: (i) are solely responsible for their User Materials, including the truth, completeness, and accuracy thereof; (ii) warrant and represent that they have the right and authority to submit their User Materials and that their User’s Materials do not infringe the intellectual property rights or any other rights of any third party; and (iii) hereby grant to Homerun a non-exclusive, worldwide royalty-free, irrevocable license and right to host, transmit, distribute, or use (which will include the right to copy, reproduce, or publish) the User Materials in connection with the operation of the Website and the provision of the Services to Users and for the purposes, such Users have instructed or requested of Homerun.
HOMERUN AS AN INVESTMENT MANAGEMENT TOOL ONLY
You agree that Homerun is only an investment management tool where Investors create investment clubs and manage the club’s operations and that Homerun does not provide any advice (financial, tax, legal, or otherwise). Apart from certain general prerequisites such as the type of investment instrument and the type of investors, Homerun does not at any time set the specific prerequisites for any investment or DAO. Such specific prerequisites include but are not limited to, the number of Investors that may be accepted, the number or value of Securities to be offered or sold, the valuation of any Company, and the investment amount, and shall always be set by the Company.
Any decision to contract for Securities is solely the decision of such Investors. Under no circumstances shall Homerun be involved in or liable for the non-payment of any investment amount by any Investor or for any settlement process.
Each Subscription Agreement is an agreement entered into directly and only between the relevant Company and an Investor. In no event shall Homerun establish or be required to establish any Subscription Agreement with such an Investor.
ENTREPRENEURS AND COMPANIES
Homerun has the right to deny access to any Company profile, Website, or Services at any time and for any reason. Entrepreneurs agree, represent, and warrant that all the content, information, data, or materials provided for posting or distribution on or through the Website or Services or by Homerun generally is true, complete, and accurate.
Should any such content from any Company or Entrepreneur infringe the intellectual property rights of a third party, the Entrepreneurs agree to the immediate removal of all infringing parts of the content and to fully indemnify and hold Homerun and its related parties harmless from and against all damages, costs, and expenses directly or indirectly incurred as a result of such infringement. Should Homerun become aware or suspect that such content infringes any third party’s intellectual property rights, Homerun shall have the right to promptly remove such content from the Website at its sole discretion.
Entrepreneurs agree to provide Investors with all information requested by Homerun or as set forth on the Website from time to time. At all times, the relevant Entrepreneur (acting on behalf of the Company) undertakes to ensure that the Company abides by all of the terms of the Subscription Agreement. Entrepreneurs and Investors are responsible for ensuring the Subscription Agreement accurately reflects the agreed-upon terms.
The trademarks, service marks, trade names, and logos used and displayed on the Website (the “Trade Marks”) are registered and unregistered trademarks of Homerun, our related corporations, or third parties. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Marks displayed on the Website, without the written permission of Homerun or any other applicable trademark owner. The name of Homerun may not be used in any way without the prior written permission of Homerun.
The Website may include, at any given time, content, information, applications, programs, text, graphics, logos, icons, images, sound clips, video clips, data compilations, or other materials displayed herein, as well as the Website’s page layout, underlying code, and software (collectively, the “Content”). All of the Content is the property of or licensed by Homerun, our related corporations, or third parties with whom we do business, and is protected by Vietnam and international intellectual property laws and other relevant laws. You may not reproduce, republish, copy, display, broadcast, hyperlink, mirror, frame, transfer, transmit, distribute, store, or in any other fashion re-use or distribute the Content in any manner or by any means unless otherwise indicated on the Website or unless given express written permission to do so by Homerun. Permission will only be granted to you to download, print, use, or create links to the Content for wholly personal, non-commercial purposes, provided that you do not (i) modify the Content and (ii) attempt to revise, remove, hide, or appropriate all copyright and other proprietary notices contained in the Content. In addition, you may also create links to any part of the Website which is accessible to non-Users.
Aside from the Content, trademarks owned by third parties that we may not do business with (including Facebook, Twitter, and LinkedIn) and the other names of companies, products, programs, applications, systems (including messaging systems), and solutions may be mentioned or referred to on the Website. These marks are, and remain entirely, the trademarks of their respective owners or holders. Homerun does not represent itself, or otherwise hold itself out, as being connected, associated, or affiliated in any way with the owners or licensees of those marks and, in particular, for the trademarks of Facebook, Twitter, and LinkedIn.
LIABILITY AND INDEMNIFICATION
You represent, warrant, and fully understand and agree that the provision of the Website and the Services and any approval by Homerun are not: (i) an endorsement of any Company or Securities referred to in relation to the Services or on the Website; (ii) a representation that Homerun has performed any due diligence on any such Company or Securities; or (iii) a representation by Homerun that any information provided by the Entrepreneur or Company is complete, accurate, true, fair, and not misleading. Any use or reliance on any such information is at your own risk and Homerun shall not be liable for any losses arising from or incurred by you in connection therewith. Homerun is not responsible or liable for the accuracy and completeness of any such information and for the performance or outcome of any investment made by you after receipt of such information.
You acknowledge that you are aware that the Companies listed on Homerun are often in a very early stage and are seeking financing to grow their business. You warrant that you are aware that investing in a Company involves a high degree of risk, that a return may never be realized, and that all or parts of your investment may be lost. You agree that Homerun shall not be liable for any transactions undertaken by you. The Securities offered by Companies may not be suitable for all investors, and certain Users may not be eligible to participate in some or all of the Services featured on the Website. Investors should independently evaluate the Securities and, where necessary, seek advice from a financial advisor regarding the suitability of such items in light of their specific investment objectives, financial situation, and particular needs before making a commitment to purchase any such items. Users are advised to conduct their own evaluation and consult with their own legal, business, financial, tax, and professional advisers to determine the appropriateness and consequences of any investment in the Securities. Homerun does not represent that any of its agents, nominees, directors, officers, or employees have any authority to advise Users, and Homerun does not purport to advise Users on any investment contemplated or undertaken.
You agree that you are solely responsible for the use of the Services and any decision to invest in a Company, and agree to be solely liable for all consequences arising therefrom.
You shall be liable for any damage caused to Homerun or any third party due to your breach of any of the Website Agreements, including the access to or use of the Website or Services in breach of the same. Furthermore, you agree to fully indemnify and hold Homerun and its related parties harmless from and against all claims, costs (including reasonable legal costs), damages, expenses, liabilities, and losses that Homerun may sustain or incur, whether directly or indirectly, by reason of our having: made available the Website or Services to you; entered into the Website Agreements with you; enforced or attempted to enforce our rights under the Website Agreements; or act upon any instructions which you may give in relation to the Website or Services, or any negligence, fraud, or misconduct on your part or your breach of any of the Website Agreements.
Nothing on this Website constitutes an offer, promotion, recommendation, inducement, solicitation, or invitation to subscribe for or acquire Securities (as defined below) in any jurisdiction in which such offer, promotion, recommendation, inducement, solicitation, or invitation is unlawful or unauthorized, and is not made or intended to be made to any person to whom it would be unlawful to make such offer, promotion, recommendation, inducement, solicitation, or invitation. No action has been or will be taken under any legislation or regulation of any jurisdiction in order to permit any public offering of Securities. The accessibility and usage of this Website, the viewing of offers lawfully made via this Website, and the subscription or acquisition of Securities that are the subject of an offer lawfully made via this Website in certain jurisdictions may be restricted by the relevant laws in such jurisdictions.
The Website and Services are provided on an “as is” and “as available” basis. Homerun does not make any warranty or representation (express, implied, or otherwise) as to the accessibility, quality, suitability, accuracy, adequacy, fitness for use, or completeness of the Website or Services, and expressly disclaims any and all liability for errors, delays, or omissions in the Website or Services as well as for any consequences resulting directly or indirectly therefrom. No warranty of any kind, whether implied, express, or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, or fitness for a particular purpose, is given or may be implied in conjunction with the Website or Services. Further, no warranty is given that the Website or Services are free from any computer virus or other malicious, destructive, or corrupting code, agent, program, or macros.
There are situations when the Website or Services will be inaccessible, unavailable, or disrupted, including: (i) necessary maintenance; (ii) circumstances outside the control of Homerun (i.e., external causes such as net access failure, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship); and (iii) modification, upgrading, suspension, or discontinuation of the provision of or removal of the Website or services (whether in whole or in part) from time to time and without Homerun giving any reason or prior notice. Homerun shall not be liable for any such inaccessibility, unavailability, or disruption. Homerun does not guarantee that any and all identified defects, errors, or faults will be corrected.
Homerun does not warrant the security of any information transmitted by or to you through the Website or Services. You accept the risk that any information transmitted or received through the Website or Services may be accessed by unauthorized third parties or disclosed by Homerun to third parties purporting to be you or purporting to act under your authority. Transmission over the Internet and e-mail may be subject to interruptions, transmission blackouts, delayed transmissions due to Internet traffic, or incorrect data transmissions due to the public nature of the Internet.
You acknowledge and agree that user authentication on the Internet is generally difficult to establish, and hereby accept the risk that online activities may be subject to fraudulent or deceptive activity. Homerun does not warrant or confirm (i) each User’s purported identity; (ii) that Users have not misused the usernames or passwords; or (iii) that Users have complied, fully or otherwise, with all or any of the Website Agreements. Homerun consequently will not be held liable where there is a dispute or claim involving or relating to the identity of any User.
Homerun is under no obligation to monitor or review discussions, messages, blogs, chats, postings, transmissions, bulletin boards, and the like that are on the Website or provided through the Services, and assumes no responsibility or liability arising from the same.
The Services may enable the Entrepreneurs (each acting on behalf of the relevant Company) to send messages to Investors decided to invest in a Company. Homerun is not obliged to review such messages, and every User is personally responsible for all messages the User sends through the Services.
Investing in cryptocurrency, blockchain-based assets, and other digital assets is highly speculative and involves a high degree of risk. You should carefully consider your investment objectives, risk tolerance, and financial situation before investing in the LLC or any other investment opportunity. We do not provide investment advice and do not make any representations or warranties as to the suitability or profitability of any investment.
THIRD-PARTY CONTENT AND SYSTEMS
This Website may contain, or the Services may provide, links to other websites or content on the Internet that are owned or operated by third parties (collectively, “Third Party Content”). Any such link does not constitute Homerun’s endorsement, recommendation, or verification of Third Party Content. Unless we expressly say otherwise, you should assume that Third Party Content is not under the control of Homerun or our related corporations. We assume no responsibility and shall not be liable for any errors or other consequences arising from accessing or delays in accessing such Third Party Content or any actions taken in reliance thereon, and we disclaim liability to the fullest extent for any and all forms of loss or damage arising out of the access to or use of Third Party Content. Under no circumstances shall it be construed that, in case of your access to and use of systems (including messaging systems), services, content, materials, products, applications, or programs of any third party (“Third Party Systems”), Homerun is a party to any transaction, if any, between you and such third party or that Homerun endorses, sponsors, certifies, or is involved in the provision of such Third Party Systems even where they may access at or through the Website or Services.
You acknowledge and agree that you will be solely responsible for any access to or use of Third Party Content and Third Party Systems through the Website or Services and that your access to or use of any Third Party Content or Third Party Systems will be governed by such third party’s terms and conditions, and is not the responsibility of Homerun. Homerun does not warrant, represent, or otherwise assure that your use of the Website or Services to access or use Third Party Systems or Third Party Content is permitted or in compliance with terms and conditions, laws, or regulations applicable to the same. Accordingly, you shall not have any right or claim, and hereby waive any rights you may have (if any), against Homerun in respect of any breach or failure to comply with the terms and conditions, laws, or regulations applicable in respect of your access to or use of such Third Party Systems or Third Party Content through the Website or Services.
You authorize and hereby appoint Homerun and its agents to access Third Party Systems that you have designated to retrieve content or information requested by you or to process or access functionalities at your request (e.g., Facebook or LinkedIn). Each time you submit your user name or password to access or use your designated Third Party Systems, you shall be deemed to have authorized Homerun and its agents to process your request and use information submitted by you and which is retrieved using your user name or password.
RELATIONSHIP TO OTHER AGREEMENTS
In the event that any provision of any Website Agreement is found to be or become unlawful, invalid, or otherwise unenforceable, that provision is to be deemed severed from the relevant Website Agreement and shall not affect the legality, validity, and enforceability of the remaining provisions of the relevant Website Agreement. The relevant Website Agreement shall continue in force as if such unlawful, invalid or unenforceable provision was severed from the same.
Homerun shall be entitled to publish any notices or disclaimers on the Website at any time in connection with a User, Company profile, in the manner and to the extent deemed necessary by Homerun at its sole discretion (such as for the purposes of our internal operational policies or any guidelines or regulations applicable to us).
CHOICE OF LAW
RIGHTS OF THIRD PARTIES