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Copyright © 2021, Hitabs Inc | In partnership with DD Minds
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Effective Date: January 1, 2016
Please read this terms of use agreement carefully before registering to Hitabs Inc's hitabs.com.
The terms and conditions set forth below (the "Terms") govern your use of hitabs.com (the "Website"). By registering, accessing and/or using the Website you signify that you have read, understand, and agree to be bound by all of the terms and conditions as set in this terms and conditions of use agreement ("Agreement"). These Terms are a legal contract between you and Hitabs Inc, ("Hitabs Inc", "we" or "us") and govern your access to, and use of, the Website as well as all associated services linked to the Website. If you do not agree with any of these terms, do not access or otherwise use the Website or any information contained in it. Your use of this Website shall be deemed to be your agreement to abide by each of the terms set forth below.
If you are using this Website for your company's use, you represent that you are an authorized representative who has the authority to legally bind your company to these terms. Hitabs Inc may make changes to the content offered on the Website at any time. Hitabs Inc can change, modify or add or remove provisions of these terms at any time by posting updated terms of use on the Website or by sending an email to registered users. If any change, modification, additional provision or removal of a provision is unacceptable to you, you shall cease using the Website. If you instead continue to use the Website, you will be conclusively deemed to have accepted the change.
Hitabs Inc may terminate these Terms and your use of the Website without notice if Hitabs Inc, in its sole discretion, believes that you are either (i) between the ages of 13 and 18 and using the Website and its services without the permission of your parent or (ii) under the age of 13.
1. TERMS
By accessing the Website, you are agreeing to be bound by this Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Website. The materials contained in Website are protected by applicable copyright and trademark law.
2. DATA PROTECTION
Any personal information you supply to Hitabs Inc when using the Website will be used by Hitabs Inc in accordance with its Privacy Policy.
3. USE LICENSE
- ✓ Hitabs Inc hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non- sub-licensable, revocable license to use the Website for non-commercial purposes, subject to these Terms. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.
- ✓ This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Website or any Materials.
4. DISCLAIMER
The materials on the Website are provided "as is". Hitabs Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, Including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Hitabs Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any Websites linked to this Website.
5. LIMITATIONS
To the extent permitted by applicable law, in no event shall Hitabs Inc, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the website; (c) the website generally or the software or systems that make the site available; or (d) any other interactions with Hitabs Inc or any other user of the website, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Hitabs Inc has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
6. REVISIONS AND ERRORS
The materials appearing on the Website could include technical, typographical, or photographic errors. Hitabs Inc does not warrant that any of the materials on its web site are accurate, complete, or current. Hitabs Inc may make changes to the materials contained on its web site at any time without notice. Hitabs Inc does not, however, make any commitment to update the materials.
7. LINKS
Hitabs Inc has not reviewed all of the websites linked to its website and is not responsible for the contents of any such linked website. Use of any such linked website is at the user's own risk. You agree that Hitabs Inc will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or content available on or through any third party web websites and/or third- party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the content or business practices of any third party.
8. AVAILABILITY
The Website is available from any desktop or mobile device that has an access to the internet. Hitabs Inc will use reasonable efforts to make the Website available at all times. However, you acknowledge the Website is provided over the internet and mobile networks and so the quality and availability of the Website may be affected by factors outside Hitabs Inc' reasonable control. Hitabs Inc does not accept any responsibility whatsoever for unavailability of the Website, or any difficulty or inability to download or access content or any other communication system failure which may result in the Website being unavailable. Hitabs Inc will not be responsible for any support or maintenance for the Website.
When using the Website and/or the services, you agree not to, without limitation:
- ✓ Use any false or inaccurate information for purposes of registering as a user of the Website;
- ✓ Delete or revise any material or other information of any other user or Hitabs Inc;
- ✓ Use the Website in a manner that intentionally or unintentionally violates any applicable local, state, national or international law;
- ✓ Use the Website or the Materials for any commercial or pecuniary purpose;
- ✓ Use the Website in any manner that is harmful to others;
- ✓ Take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
- ✓ Allow any other person or entity to use your username or password;
- ✓ Attempt to modify, adapt, translate, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website or the Materials;
- ✓ Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
- ✓ Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;
- ✓ Frame or mirror any part of the Website without Hitabs Inc' prior written consent;
- ✓ Create a database by systematically downloading and storing any Website content;
- ✓ Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- ✓ Use racially, ethnically, or otherwise offensive language;
- ✓ Post any information that is abusive, threatening, obscene, defamatory, libelous, or otherwise objectionable and offensive;
- ✓ Discuss or incite illegal activity;
- ✓ Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
- ✓ Post anything that exploits children or minors or that depicts cruelty to animals;
- ✓ Post any copyrighted or trademarked materials without the express permission from the owner;
- ✓ Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; or
- ✓ Alter the opinions or comments posted by others on this Website.
- ✓ Further, you shall not violate or attempt to violate the security of the Website including, but not limited to, actions such as:
- ✓ Introduce or attempt to introduce a Trojan horse, worm, virus, spider, robot, files, programs, or other malicious and/or foreign code into the Website designed to interrupt, destroy, or limit the functionality of the Website, the Materials or any computer software or hardware or telecommunications equipment;
- ✓ Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Website, or forging communications on behalf of the Website (impersonating the Hitabs Inc Website) or to the Website (impersonating another user);
- ✓ Use the Website to collect or store personal data about others;
- ✓ Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- ✓ Accessing the Website by any means other than through the interface that is provided by us for use in accessing the Website;
- ✓ Using the Website for unintended purposes or trying to change the behavior of the Website;
- ✓ Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- ✓ Attempting to interfere with service to any user, host or network including, but not limited to, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing" or "crashing"; or
- ✓ Taking any action that may otherwise harm, disrupt or overburden the Website.
- ✓ These listed prohibitions provide examples and are not complete or exclusive.
Hitabs Inc reserves the right to (a) terminate your access to your account, your ability to post to this Website and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Hitabs Inc determines is inappropriate or disruptive to this Website or to any other user of this Website.Hitabs Inc may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Hitabs Inc' discretion, Hitabs Inc will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Website may violate certain laws and regulations.
You agree to indemnify and hold Hitabs Inc and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Hitabs Inc or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Website or the use of this Website by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
10. POSTING AND CONDUCT RESTRICTIONS
On various places on the Website, you may be able to provide content ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Website. You agree that Hitabs Inc is only acting as a passive conduit for your online distribution and publication of your User Content. Hitabs Inc, however, reserves the right to remove any User Content from its Website at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Website you agree as follows:
- ✓ You are solely responsible for your account and User Content and the activity that occurs while using your account and any User Content you post;
- ✓ You will not post information that is malicious, false or inaccurate;
- ✓ You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- ✓ You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any any/or all of your submissions, and terminate your account or your posting privileges with or without prior notice.
Though Hitabs Inc strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. Hitabs Inc reserves the right, but has no obligation, to monitor these materials posted in the public areas of the Website or to limit or deny user's access to the Website or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which Hitabs Inc deems unlawful, offensive, abusive, harmful or malicious. Hitabs Inc shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local laws. If you become aware of misuse of the Website, please contact us at legal@hitabs.com
12. PROPRIETARY RIGHTS
"hiTabs" TM is a pending registered trademark of Hitabs Inc in the United States. All other trademarks, names and logos on this Website are the property of their respective owners. All intellectual property to this Website, including all Website material, is protected by copyright, trademark, or patent laws, and is owned exclusively by Hitabs Inc. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the Website. All trademarks, service marks and trade names are owned, registered and/or licensed by Hitabs Inc. Hitabs Inc grants to you a worldwide, non-exclusive, royalty-free, revocable license to: download this Website to a mobile devise via a web browser; use this Website as herein set forth; copy and store this Website and the material on this Website in your web browser cache memory; and print pages from this Website for your own personal and non-commercial use. Hitabs Inc does not grant you any other rights whatsoever in relation to this Website or the material on this Website. All other rights are expressly reserved by Hitabs Inc.
13. WEBSITE TERMS OF USE MODIFICATIONS.
Hitabs Inc may revise these terms of use for its Website at any time without notice. By using the Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
14. UNENFORCEABLE PROVISIONS
If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.
15. TERMINATION
Hitabs Inc may terminate use of the Website at any time by giving notice of termination to you. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software.
16. GOVERNING LAW
Any claim relating to Hitabs Inc ' web Website shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions.
17. CONTACT
If you have any questions about these Terms or otherwise need to contact Hitabs Inc for any reason, you can reach us at Attn: Hitabs Inc, 1050 Connecticut Avenue NW, Suite 500, Washington, DC 20036 or legal@hitabs.com.
Effective Date: January 1, 2016
HiTabs.com values your privacy. In this Privacy Policy ("Policy"), we describe the information that we collect from users of our website hitabs.com (the "Website"), and how we use and disclose that information. This Policy applies to our Website and all of our products and services offered on our Website (collectively, "Services"). By registering in our Website or using any of our Services, you agree that your personal information will be handled as described in this Policy, which is incorporated by reference into our Terms of Service.
By using the Website, you are further consenting to our processing of "What Information Do We Collect About You and Why?" as set forth in this Privacy Policy now and as amended by us. "Processing," means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S. your information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By using the Website and providing information to us, you consent to such transfer to, and processing in, the US.
We may collect information about you from you, from third parties, as you register in our Website and use our Services.
The Website obtains the information you provide when you register. Registration with us is optional. However, please keep in mind that you may not be able to use some major features offered in our Website unless you register with us. When you register with us and use the Website, you generally provide your name, email address, user name, password and other registration information. We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
We use the information that we gather about you for the following purposes:
We have implemented commercially reasonable precautions, including, where appropriate, password protection, encryption, and SSL to protect our Website and the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time.
You should take steps to protect against unauthorized access to your password, computer, and web- enabled devices, among other things, by signing off after using a shared computer, inserting a password on your web-enabled device, choosing a password that nobody else knows or can easily guess, and keeping your password private. You should never share your log-in information with others. We are not responsible for any lost, stolen or compromised passwords, or for any activity on your account via unauthorized password activity.
We may send you emails from time-to-time to notify you about features of our Website or products and services that we believe would be of interest to you. If you would like to stop receiving email from us, please follow the instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you exercise the opt-out in the email, please note that we will continue to email you for customer service purposes.
Your use our Website or Services, as well as any dispute over privacy, is subject to this Policy and our Terms of Use, including applicable limitations on damages and the resolution of disputes.
If you are located outside of the United States, please note that information we collect will be transferred to and processed in the United States. By using our Website, you consent to the transfer and processing of your information in the United States, which does not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area. Your consent is voluntary. If, however, you do not consent, then we may not be able to provide you with our Services.
Our Website is not designed for children under 13. We do not knowingly collect information from children under the age of 13.
We may change this Policy from time to time, so be sure to check back periodically. We will post any changes to our policy to our Website. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change, by highlighting the change on the Website or by sending an email to you at the email address that you have registered with us through Facebook Connect.
If you have any questions, comments or concerns, please contact us at legal@hitabs.com
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