All content included on this Site is and shall continue to be the property of Heretto or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, modification, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Terms of Service. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
2. User Accounts
When you register for an account, you will select a username and password upon completing the registration process. You are fully responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your username, password, or account, or any other breach of security and to log out of your account at the end of each session. You also agree to provide true and accurate information during the registration process. We reserve the right to terminate your access to the Site and remove your User Content should We know, or have reasonable grounds to suspect, that you have entered false or misleading User Content. All registered users must be of legal age to register. By becoming a registered user, you agree that the Site may include certain communications from the Company, such as, for example, service announcements, administrative messages, or newsletters.
3. User Content
You may have the ability to upload or submit to the Site certain content, including text, ideas, information, and other content from time to time (“User Content”). User Content may be accessed by you and other users, subject to the restrictions set forth herein. Do not submit User Content if you do not want other users to have access to it. By accessing the Site, you understand that you will be exposed to content provided by a variety of sources and you agree that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Site Content or User Content. You also understand that in your use of the Site, you may be exposed to content that you deem inaccurate, offensive, indecent, or objectionable, and you hereby waive all rights and remedies against Us, therefore. We may, but are not obligated to, review, delete or remove any of the User Content, without prior notice, for any reason, including but not limited to, if, in our sole judgment, such User Content violates the Terms of Service. By submitting User Content to the Site, you grant to Us the non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, perform, and display such User Content (in whole or part, including modified or adaptive versions thereof) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, without any obligation to acknowledge authorship or ownership. You are responsible for the content that you provide to Us. You represent and warrant that you possess all rights necessary to disclose such User Content and post it to the Site. You further represent and warrant that any personal information you provide to us will be accurate, correct, and current, and that the User Content you submit does not violate the rights of any third party, including without limitation any proprietary or privacy rights, these Terms of Service, or any applicable laws, regulations, or statutes. We do not endorse any of the content submitted by our users and expressly disclaim all liability associated with such content.
4. User Conduct
You acknowledge and agree that the Company may access, preserve and disclose your account information and the User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company, its users and the public. You agree to not use the Site (a) to attempt to gain unauthorized access to the Site, usernames, and passwords of users, or computer systems and networks connected to the Site; (b) in any way that is unlawful, harmful, threatening to another person or entity, abusive, defamatory, vulgar, obscene, tortuous, indecent, libelous, invasive of another’s privacy, or otherwise objectionable; (c) in a way that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or (d) to intentionally or unintentionally violate any applicable local, state, national or international law.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE COMPANY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM OR IN ANY WAY RELATED TO (A) YOUR USE OF THE SITE; (B) ANY BREACH OF THESE TERMS OF SERVICE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF SERVICE; AND/OR (C) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, FINES, PENALTIES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE ARE NOT RESPONSIBLE FOR THE UNAVAILABILITY OF THE SITE OR THE UNAVAILABILITY OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. SPECIFICALLY, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT (A) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (D) THAT THE QUALITY, OPERATION, OR FUNCTIONALITY OF ANY OF THE SITE PURCHASED OR OBTAINED BY YOU WILL MEET YOUR REQUIREMENTS. WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE COMPANY, ITS SUPPLIERS, LICENSORS, AGENTS, OR THIRD PARTIES MENTIONED ON THE SITE FOR ALL CLAIMS SHALL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100). YOU AGREE THAT ALL REMEDIES SET FORTH IN THE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED HEREIN.
The Company reserves the right to monitor the use of this Site to determine compliance with these Terms of Service, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. The Company reserves the right to, without prior notice, temporarily or indefinitely suspend you from use of any of the Site. You acknowledge and agree that all of the legal rights, obligations, and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time while the Terms of Service have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the Terms of Service that by their nature would survive its termination shall survive indefinitely.
From time to time, the Site may contain links or other references to a third-party website, which are not controlled by the Company, its suppliers, licensors or agents. By providing links to other websites, We do not guarantee, approve or endorse the information or products available at these websites. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party website. If you decide to access other third-party websites, you do so at your own risk and all rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
10. Copyright Policy
We respect the intellectual property rights of others, and We ask Our Users to do the same. If you are a copyright owner or an agent thereof and believe that any of the Website Content, the User Content or other content or material on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3):
- A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site;
- Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
- A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent for receiving notifications of claimed infringement is Jorsek, Inc., DBA Heretto, 130 N Winton Road Box 10250 Rochester, New York 14610 In accordance with the DMCA and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and, at Our sole discretion, members who are deemed to be repeat infringers. We may also, at Our sole discretion, limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. General Provisions
Waiver. No waiver of a breach of any term of the Terms of Service will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of the Terms of Service. No failure on the part of a party to exercise, and no delay in exercising, any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of the Terms of Service or the rights or obligations of any party hereunder. Entire Agreement. The Terms of Service contains the entire understanding of the parties with respect to the transactions contemplated and supersedes any prior agreements or understandings among the parties with respect to the subject matter hereof. These Terms of Service may only be amended by a written document signed by all parties. There are no representations, warranties, or obligations of any party not expressly contained herein. Assignment. You may not assign your rights under these Terms of Service, but we may assign our rights under these Terms of Service without restriction. No Third-Party Beneficiaries. Except as otherwise expressly provided in the Terms of Service, there shall be no third-party beneficiaries to the Terms of Service. Governing Law and Dispute Resolution. The Terms of Service will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. In the event that any legal proceedings are commenced with respect to any matter arising under this Terms of Service, the parties specifically consent and agree that the courts of the State of New York and/or the Federal Courts located in the State of New York will have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action will be in Monroe County, New York and/or the U.S. District Court for the Western District of New York. Additionally, the party that loses any such proceeding will pay all costs and expenses incurred by the other party(s) in connection therewith, including all attorneys’ and other professional fees and expenses. No Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Terms of Service or use of the Company’s Site. Partial Invalidity. If any provision of the Terms of Service is held invalid or unenforceable by a competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of the Terms of Service will not affect its other provisions and the Terms of Service will be construed in all respects as if the invalid or unenforceable provision were omitted.
12. Contact Information
If you have any questions regarding these Terms of Service, please contact us at firstname.lastname@example.org.