Terms of Use

By using Hingmy.com, you are agreeing to abide by these Terms of Use. Please read this carefully, because it affects your legal rights.

1. Acceptance of Terms of Use
Hingmy.com (the "Site") is provided to you by Hingmy LLC (referred to hereunder as "we," "us" "our," etc.). BY USING THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. Subject to the terms and conditions of these Terms of Use, we hereby grant you a nonexclusive, revocable, nontransferable, limited license to use the Site and accompanying services, Software and Content, as set forth herein. If you do not agree to these Terms of Use, you may not use the Site. We may, in our sole discretion, amend these Terms of Use, at any time, by posting a notice within the Terms of Use portion of the Site. Each such change shall be effective immediately. Your continued use of the Site following the effectiveness of any such changes will indicate your agreement to be bound by such amended Terms of Use. If you object to any provision of these Terms of Use or any subsequent modifications to these Terms of Use or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.

From time to time, we may supplement these Terms of Use with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on the Site to be viewed in connection with the specific content or events and shall be identified as such. Such Additional Terms are hereby incorporated by reference into these Terms of Use.

You represent to us that you have the authority to register with the Site according to these Terms of Use.

2. Privacy Statement
Any information provided by you or gathered by us or third parties during any visit to the Site is subject to the terms of our Privacy Statement, which is incorporated herein by reference. We encourage you to periodically read our Privacy Statement.

We do employ cookies. A cookie is a small text file that our Web server places on a user's computer hard drive to be a unique identifier. Cookies enable Hingmy LLC to track usage patterns and deliver customized content to users. Our cookies do have an expiration date. Our cookies do collect personally identifiable information.

We don't store or even have access to any of your credit card data except the last four digits and billing address. This information is used solely to protect us from credit card fraud. We won't sell any of your personal information to third parties. Hingmy LLC reserves the right to disseminate usernames, IP addresses, or email addresses to third parties.

3. Registration
Certain areas of the Site require a password, and will require the user to register and provide certain data to Hingmy. Hingmy may refuse to offer a password to any person and may change its criteria for access to the password-protected areas of the Site at any time, in its sole discretion. In consideration of use of these portions of the Site, you represent and warrant that, in registering and providing such data to Hingmy: (a) the information about yourself is true, accurate, current, and complete as required by various Hingmy registration forms ("Registration Information"); and (b) you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hingmy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hingmy has the right to suspend or terminate your account and refuse any and all current or future use of the Site. All Registration Information will be treated in accordance with Hingmy’s Privacy Statement. You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you.

4. Termination or Modification of the Site
You agree that we may at any time, and for any reason, modify, change, terminate or suspend any component(s) of the Site or these Terms of Use, without notice and without liability to you or any third party. We may also impose limits on certain features of the Site or restrict your or any third party's access to part or all of the Site for any reason (including, without limitation, your breach of these Terms of Use) or no reason, without notice or penalty. Upon any termination of your access to the Site or these Terms of Use, the Terms of Use shall remain in effect.

You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms of Use.

5. User Conduct
You warrant and agree that, in connection with your use of the Site, you will not:

  1. violate any applicable local, state, national, foreign or international law, statute, ordinance, rule or regulation;
  2. impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity, or use the Site domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service;
  3. upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses, including without limitation any copyright, trademark, patent, industrial design, trade secret, confidentiality, moral rights, rights of privacy or publicity or any other proprietary right (collectively, "Rights");
  4. interfere with or disrupt the use of the Site, nor interfere with the use of the Site by any user nor "stalk", threaten, harvest email addresses or other personal information from, or in any manner harass any other user, or use any Forum Information provided by other users for direct marketing or to transmit unsolicited email;
  5. upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any "investment opportunities" (except as may be expressly permitted by the use of the Site);
  6. upload, post, transmit, publish, or distribute any material or information that contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Site or that of other computer systems;
  7. use the Site in such a manner as to gain unauthorized entry or access to the computer systems of others;
  8. upload, post, transmit, publish, link to or distribute any material or information in any medium or format, including without limitation text, data, graphics, audio or video, content (or use of the content) that: (i) is libelous or defamatory, pornographic, sexually explicit, or unlawful or that encourages any of the foregoing; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or promotes bigotry, racism or harm against any group or individual; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement or misappropriation of any third party’s Rights of any kind; (iv) promotes software or services that deliver unsolicited email, including without limitation, bulk email, surveys, contests, "junk mail," "spam," or chain letters; (v) disrupts or interferes with the security of, or otherwise abuses, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or any affiliated or linked programs or services; (vi) is subject to any restriction upon transmission under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement); (vii) violates or encourages others to violate any applicable law, or (viii) contains direct links (by a single click) to web sites that contain information of the kind described in this definition (“Objectionable”); or
  9. reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Site (including, but not limited to any materials or information accessible through the Site).


6. Use of Interactive Components of the Site; Release
The Site may contain newsgroups, forums, chat rooms, project-related functions or forums and/or any other user generated content (collectively, “Site Forums”). As a user of the Site, you may provide content (including, without limitation, text or photographs or other graphics), e-mail communications, project information, or other information that is posted on or through the Site (collectively, as provided by any user “Forum Information”). You acknowledge that (i) Hingmy does not pre-screen Forum Information; (ii) Hingmy does not endorse or adopt (and has not necessarily reviewed) any Forum Information nor assumes any responsibility for any material therein; and (iii) Hingmy shall have the right (but not the obligation) in its sole discretion to refuse or remove any Forum Information on the Site and to edit or delete any Objectionable material. In the event you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

In the event that you post or make accessible communications or other materials that infringe the copyrights of a third party, Hingmy shall terminate your access to the Site in accordance with Hingmy’s copyright infringement policy pursuant to the Digital Millennium Copyright Act, as further described in Section 17.

It is Hingmy’s policy not to tolerate any acts of intellectual property infringement or violations of law or to allow for any objectionable material to be posted at the Site. We expect users to take responsibility for their own actions and cannot assume liability for any acts of third parties which take place at the Site. By using the site you waive any and all claims or remedies which you might otherwise be able to assert against us under any theory of law (including but not limited to intellectual property laws) that arise out of or relate in any way to the Forum Information or our response, or failure to respond to a complaint. You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of Forum Information. We support free speech on the Internet and therefore will not act on complaints that we believe, in our judgment, to be deficient. If you believe that Forum Information remains on the Site that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us.

Hingmy will not edit, delete or disclose the contents of your personally identifiable information submitted in connection with your Forum Information or your use of the Site unless: (1) you authorize Hingmy to do so; (2) you yourself disclose your identity or other personal information about yourself in a Site Forum or as part of Forum Information posted to an area of the Site accessible to other Users; or (3) if Hingmy is required to do so by law or in the good faith belief that such action is necessary to: (a) conform with applicable laws or comply with legal process served on Hingmy; (b) protect and defend the rights or property of Hingmy or another user; or (c) enforce these Terms of Use. The foregoing notwithstanding, in the event you submit personally identifiable information as part of your use of a Site Forum, including without limitation, your email address, you understand and agree that all such personally identifiable information so submitted may be disclosed within the Site Forums to other users. Personally identifiable information submitted by you as part of your use of a Site Forum, is explicitly excluded from the Hingmy Privacy Statement.

By submitting any content or Forum Information to the Site, including message boards, forums, contests and chat rooms, you grant us and our affiliates a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (either publicly or by digital audio transmission) the content or Forum Information (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content, subject to our Privacy Statement with respect to your Information (as defined in the Privacy Statement). You also warrant that the holder of any Rights in such content has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above.

As the owner of the copyrighted work ( " Work " ), you acknowledge that you have granted Hingmy LLC.com a license to reproduce, use, adapt, crop, modify, distribute, publicly display and make derivatives based on the Work for commercial and non-commercial worldwide use. By granting us this license you warrant that you have the authority and legal right to grant such a license.


7. General Practices Regarding Use and Storage
You acknowledge that Hingmy may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that Forum Information will be retained by the Site, the maximum disk space that will be allotted on Hingmy's servers on your behalf, and the maximum number of occasions (and the maximum duration for which) you may access the Site in a given period of time. You agree that Hingmy has no responsibility or liability for: (i) the deletion or failure to store any messages and other communications or other content maintained by or transmitted through the Site; or (ii) Hingmy’s election, in its sole discretion, to retain any such messages or other communications or content transmitted through the Site. You further acknowledge that Hingmy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


8. Unsolicited Idea Submission Policy
Hingmy and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names.

The purpose of this policy is to avoid potential misunderstandings or disputes when Hingmy's products or marketing strategies might seem similar to ideas submitted to Hingmy. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to Hingmy or anyone at Hingmy. If, despite this request, you still send us your ideas and such materials, please understand that Hingmy makes no assurances that your ideas or materials will be treated as confidential or proprietary, and you hereby understand and agree that Hingmy is free to use any concepts, know-how or techniques that you submit to Hingmy for any purpose.


9. Intellectual Property Rights

  1. You acknowledge that you will not acquire any rights to any materials or information on the Site by downloading any such information or materials from the Site.
  2. Any software and/or tools that are made available for download or use on the Site (“Software”) is proprietary to Hingmy and/or its licensors and suppliers. Certain third party Software may be accompanied by individual end user license agreements and you may not download any Software from the Site unless you have agreed to the terms of such accompanying end user license agreements. All Hingmy proprietary Software made available to you via the Site shall be governed by these Terms of Use, unless otherwise agreed to in writing by Hingmy.
  3. Subject to the provisions contained in these Terms of Use, Hingmy grants to you, and you accept, a non-exclusive, non-transferable right and license to use (and to download where expressly permitted) the Software solely in connection with your use of the Site, for your own internal personal or business purposes.
  4. You shall not directly or indirectly, modify, translate, reverse engineer, or disassemble the Software except to the extent expressly permitted by applicable law and only to the extent that Hingmy and its third party licensors are not permitted by such law to exclude or limit such rights. Unless expressly permitted hereunder, you may not directly or indirectly (i) copy the Software; (ii) encumber, transfer, rent, lease, time-share or use the Software in any service bureau arrangement or provide any third parties access to the Software; (iii) distribute, manufacture, translate, localize, port, adapt or create derivative works of the Software; (iv) engage in any Objectionable behavior or use the Software to transmit or store any Objectionable materials; or (v) publish benchmark results relating to the Software, or disclose Software features, errors or bugs to third parties.
  5. Any Software which is downloaded from the Site by or on behalf of the United States Government, its agencies and/or instrumentalities (the “Government”), is provided with Restricted Rights, as defined in FAR 52.227.19 (if for civilian agency use), and as defined in DFAR 227.7202 (if for Department of Defense use). The Government agrees that such Software is “commercial computer software” and use, duplication, or disclosure by the Government constitutes acknowledgment of Hingmy’s and its third party licensors' proprietary rights, and is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227.7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227.19, as applicable. Manufacturer is Hingmy.
  6. You may not access, download, use export, or re-export any portion of the Site, Software, Content (as defined below in Section 11), products, or services provided through the Site in violation of any export or other applicable laws, restrictions, and/or regulations of any United States or foreign agency or authority. You agree to affirmatively comply with all such laws, restrictions, and/or regulations. As between you and Hingmy, Hingmy owns all right, title and interest in and to (a) the Hingmy Site, and the underlying methodology and the copyrightable structure of the organization and presentation of the Site, including the Content and the Software; (b) Registration Information as described in this Agreement (subject to our Privacy Statement); and (c) all Hingmy trademarks and other intellectual property incorporated therein. Hingmy, the Hingmy logo and other marks are owned by Hingmy. All other marks and written material that appear throughout the Hingmy Site belong to Hingmy or the respective owners of such marks and content, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks or content appearing throughout Site without the express written consent of Hingmy or the owner of the mark or content, as appropriate, is strictly prohibited.


10. Use of Site Content
Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material or information contained on this Site or in commercially produced information presented to you through the Site by Hingmy or Hingmy’s third party licensors (“Content”) is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized herein or in writing by Hingmy. These Terms of Use do not transfer any right, title, or interest in the Site or the Content to you, and Hingmy and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.

Except as provided in these Terms of Use, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of Hingmy.

You may without our permission:

  1. Download, view, copy, retransmit and print Content, but only if:
    1. the Content is used solely for personal, informational, or internal business purposes;
    2. the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
    3. all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
    4. the Content is not modified or altered in any way; and
    5. no graphics are used separately from accompanying text.
  2. Link or hyper-link to the Site from any Qualified Site, but only if:
    1. you do not frame the Site or any portion of the Site;
    2. the link or hyper-link to the Site is not used in a way that suggests that Hingmy endorses you or your website;
    3. the link is identified using a plain text rendering of the Hingmy name and not any trademark or Hingmy logo.
    4. the link or hyper-link to the Site is not used or presented in any way that disparages Hingmy or tarnishes, blurs, or dilutes the quality of Hingmy’s names or trademarks or any associated goodwill;
    5. the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
    6. you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.

“Qualified Site” means a website that displays no Objectionable content, is not owned or controlled by a competitor to Hingmy and the content of which is not competitive to the Site.

11. Third Party Issues
The Site offers information on and displays advertisements for products or services sold by persons not affiliated with us (each such person, a "Vendor"). We present these features to you for your information only. We do not endorse these products and services. We make no representations or warranties regarding any such Vendor product or service, whether presented on the Site or in a separate email from us or any third party to you. All matters concerning any Vendor product or service are solely between you and such Vendor, whether or not we may have received some form of revenue or other remuneration in connection with any such matter. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, OUT OF ANY SUCH MATTER.

We may provide links to websites, content and resources of third parties which are beyond our control. For example, if you want to purchase a product listed on the Site that is manufactured and/or sold by a Vendor, you will be linked to the Vendor’s website. We are not responsible for the content on the Internet or a world wide web page that is contained outside our Site. When you leave the Site and enter a Vendor or other third party website, or any other website, your rights and obligations will be governed by the agreements and policies of that website. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH WE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST US WITH RESPECT TO SUCH SITES OR THIRD PARTIES.


12. General Disclaimer of Warranties
While we take great care in the Content we provide on our Site, we do not guarantee the accuracy or completeness of any Content on or provided in connection with the Site. Hingmy, its affiliates, consultants, associates, and other users may also provide advice as part of the Content on the Site (“Advice”). You agree that such Advice is provided for your informational purposes only, and that you must evaluate, and bear all risks associated with the use of any Advice, including any reliance on the accuracy, completeness, or usefulness of such information or content. In this regard, you acknowledge that you may not rely on any Advice.

You agree, in connection with any use of the Site: to release Hingmy and its officers, employees, directors, shareholders, and agents, from any and all claims, demands and damages, of any type and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with use of the Advice by or on behalf of you (including without limitation disputes of any kind with any parties dispensing Advice through the Site).

IF YOU INTEND TO USE ANY ADVICE OR INFORMATION OR TO PURCHASE ANY GOODS OR SERVICES ACCESSED THROUGH THE SITE, YOU SHOULD CAREFULLY READ THE CAPITALIZED WORDS SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. ADVICE IS SUBJECT TO ALL OF TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH BELOW.

USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, NON-INTERFERENCE WITH ENJOYMENT, ACCURACY, INTEGRATION AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN NO OTHER WARRANTIES HAVE BEEN MADE TO YOU BY OR ON BEHALF OF Hingmy OR OTHERWISE FORM THE BASIS FOR THE BARGAIN BETWEEN THE PARTIES.

WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE SITE OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

WARNING: Certain home improvement projects are inherently dangerous, and even the most benign tool, product, chemical or other material can cause serious injury or death if not used properly. ALWAYS READ AND FOLLOW INSTRUCTION MANUALS AND SAFETY WARNINGS, AND SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. Be particularly careful when dealing with electricity. Moreover, always use common sense. YOU EXPRESSLY AGREE TO HOLD US HARMLESS FROM ANY PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH, OR ANY OTHER LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SITE OR CONTENT.

No advice or information, whether oral or written, obtained by you from us or through the Site or Content, or Hingmy or its employees, consultants and/or experts shall create any warranty not expressly made herein.


13. Limitation of Liability
IN NO EVENT SHALL WE, OUR EMPLOYEES, EXPERTS, CONSULTANTS, ADVISORS, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS REVENUE, DATA OR USE, LOST GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE EQUIPMENT OR SERVICES) INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE OR YOUR USE THEREOF OR CONTENT THEREON, HOWEVER ARISING, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER WE AND/OR OUR EMPLOYEES, EXPERTS, CONSULTANTS, ADVISORS, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, ANY FORCE MAJEURE AND ANY THIRD-PARTY CLAIMS AGAINST ANY USER. SOME JURISDICTIONS LIMIT DISCLAIMERS OF CERTAIN LIABILITIES, SO CERTAIN OF THESE LIMITATIONS MAY NOT APPLY TO YOU.


14. Indemnification
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, consultants, advisors, experts, officers, directors and employees, agents, successors and assigns harmless from any claim or demand, liability, judgment, damage, expense or loss, including reasonable court costs and attorneys' fees, made by any third party arising out or relating to (a) your use of or access to the Site or the Content or your linking to or emailing the Site, (b) the violation of these Terms of Use by you, or (c) the infringement by you, or any other person using your passwords or account, of any intellectual property or other right of any person or entity or (d) your submission of any material to Hingmy or from any person's use of any account or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.


15. Marks
Certain product, service, or company designations for companies other than Hingmy may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where Hingmy is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.


16. Copyright
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

email: support@hingmy.com

17. Miscellaneous
These Terms of Use shall be governed in all respects by the laws of Washington State without regard to conflicts of laws principles thereof. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. Both parties submit to jurisdiction in Washington and further agree that any cause of action arising under these Terms of Use shall be brought exclusively in any state or federal court located in Boston, Massachusetts.

If any provision of these Terms of Use is held by a court or arbitrator to be invalid or unenforceable, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use (and any Additional Terms posted on or linked to by the Site and incorporated herein by reference), and any modifications to the foregoing, set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Hingmy may assign its rights and duties under these Terms of Use without such assignment being considered a change to the Terms of Use and without notice to you. You may not assign these Terms of Use without the prior written consent of Hingmy. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. We will provide you with notices via email to the address you provide us in your registration, or, at our discretion, via certified U.S. Mail, to the address you provided to us in your registration or any other address you may subsequently specify. You will provide notices to us via email to support@hingmy.com. Neither party shall be liable for any delays or other failures to perform resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, website or power outages, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

You acknowledge (a) that you have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.

If you have any questions regarding these Terms of Use or the Site, please contact Hingmy at support@hingmy.com.

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