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:
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
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:
"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:
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.