HUE AND iCREATE TO EDUCATE
TERMS AND CONDITIONS OF USE
3. Accounts. To access some features of the Company Website or the Services, You will have to establish an account with the Company. You are not permitted to use another User’s account. When establishing an account with the Company (an “Account”), You must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and You must keep your Account password secure. You agree to promptly notify HUE via the Company Website of any breach of security or unauthorized use of your Account. You agree that the Company and the Company Parties will not be liable for any losses incurred by You that are caused, directly or indirectly, by any unauthorized use of your Account; You may be liable for the losses of the Company, the Company Parties or other parties due to such unauthorized use.
4. General Use of Company Website – Permissions & Restrictions. HUE hereby grants you permission to access and use the Company Website and certain Services provide to You through the Company Website subject to these Terms and Conditions, provided that:
A. You agree not to distribute in any medium any part of the Company Website, including but not limited to, User Submissions (defined below), without the Company’s prior written authorization.
B. You agree not to alter, modify or interfere with any part of the Company Website.
C. You agree not to access the Company Website download area (the “Download Area”) through any technology or means other than through the Company Website.
D. You agree not to use the Company Website for any commercial use, without the Company’s prior written authorization. Prohibited commercial uses include, without limitation, any of the following actions taken without the Company’s prior written authorization:
(i) sell or agree to sell access to the Company Website or its related services on another website or otherwise;
(ii) use the Company Website for the primary purpose of gaining advertising or subscription revenue or similar activities;
(iii) sell advertising on the Company Website or any third-party website, targeted to the content of HUE; or
(iv) use the Company Website with the effect of competing with the Company.
E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Company Website in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, HUE grants the operators of public search engines permission to use spiders to copy materials from the Company Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials (the “Search Engine Exception”). HUE reserves the right to revoke, in its sole discretion, the Search Engine Exception either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Company Website, nor to use the communication systems provided by the Company Website (e.g. comments or email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users.
G. You acknowledge and agree that HUE reserves the right, in its sole discretion, to alter, suspend or discontinue the Company Website or the Services, in whole or in part, at any time and for any reason, without notice.
5. Use of Content on Company Website. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Company Website:
A. The content of the Company Website is owned by, or licensed to, the Company, subject to copyright, other intellectual property rights under applicable law and contractual rights. Content on the Company Website is provided to You “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the Company’s prior written consent. HUE reserves all rights not expressly granted in and to the Company Website and the content thereon.
B. You may access the Download Area solely:
(i) for your information and personal use; and
(ii) as intended through the normal functionality of any Services offered through the Company Website.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Company Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Company Website or the content therein.
D. If you make any submission of content to the Company Website or suggestions to the Company regarding the Services (collectively, “User Submissions”), You automatically grant, or warrant that the owner of such User Submissions has expressly granted, HUE and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such User Submissions in any manner.
6. Notice and Takedown Procedures; Copyright Agent. If You believe any content accessible on or from the Company Website infringes your copyright, You may request removal of such content (or access thereto) from the Company Website by contacting the Company’s copyright agent using this form and providing the following information:
A. Identification of the copyrighted work that You believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
B. Identification of the content that You believe to be infringing and its location. Please describe the content, and provide us with its URL or any other pertinent information that will allow us to locate the content.
C. Your name, address, telephone number and (if available) e-mail address.
D. A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
E. A statement that the information that You have supplied is accurate, and indicating that under penalty of perjury, You are the copyright owner or are authorized to act on the copyright owner’s behalf.
F. A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of Users who are repeat infringers.
8. Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE COMPANY WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE COMPANY WEBSITE AND SERVICES AND YOUR USE THEREOF. THE COMPANY AND THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE COMPANY WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE COMPANY WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE COMPANY WEBSITE,
(III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND /OR ANY AND ALL PERSONAL INFORMATION AND /OR FINANCIAL INFORMATION STORED THEREIN,
(IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE COMPANY WEBSITE,
(V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE COMPANY WEBSITE BY ANY THIRD PARTY, AND /OR
(VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPANY WEBSITE.
THE COMPANY AND THE COMPANY PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY AND THE COMPANY PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability. THE COMPANY’S AND THE COMPANY PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS AND CONDITIONS, CUMULATIVELY BETWEEN YOU AND THE COMPANY AND THE COMPANY PARTIES, SHALL NOT EXCEED $10.00. IN NO EVENT SHALL THE COMPANY AND ANY COMPANY PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND /OR ANY AND ALL PERSONAL INFORMATION AND /OR FINANCIAL INFORMATION STORED THEREIN,
(IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND /OR,
(VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPANY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND THE COMPANY PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU FURTHER AGREE AND ACKNOWLEDGE THAT ALL ICE SOFTWARE IS PROVIDED “AS IS” AND SUBJECT IN ALL RESPECTS TO THE SEPARATE SOFTWARE LICENSE AND OTHER TERMS YOU AGREE TO WHEN YOU DOWNLOAD ICE SOFTWARE.
The Company Website is controlled and offered by the Company. HUE makes no representations that the Company Website or the Services are appropriate or available for use in all locations. Those who access or use the Company Website or the Services do so at their own volition and are responsible for compliance with local law.
10. Indemnity. You agree to defend, indemnify and hold harmless the Company and the Company Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the Company Website or the Services;
(ii) your violation of any term of these Terms and Conditions;
(iv) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or
(v) any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms and Conditions and your use of the Company Website and the Services.
11. Ability to Accept Terms and Conditions. You affirm that you are either at least 13 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
12. Assignment. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without any restrictions or consents.
13. Governing Law; Dispute Resolution. These Terms and Conditions shall be governed by the laws of the Commonwealth of Massachusetts, excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. All legal actions concerning this Agreement shall be brought in a court located in Boston, Massachusetts. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA). You and the Company shall appoint as sole arbitrator a person mutually agreed by You and the Company or, if You and the Company cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, the Company shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.
Copyright © 2015 HUE. All Rights Reserved.