Effective Date: October 1, 2017

 

We’re thrilled that you decided to join the Hueman community.  By using the Site, you agree to be bound by the terms and conditions contained in these terms of use (“Terms of Use”). These Terms of Use govern your access and use of the webpages, podcasts, applications, interactive features, widgets, and their respective contents at sincerelyhueman.com (collectively, the “Site”). By using or accessing the Hueman website, its mobile application service or any service that Hueman makes available to you (collectively, the “Service”), you agree to be bound by these Terms of Use. Hueman Group Inc. (“Hueman”) owns and controls the Service. Agreeing to be bound by the Terms of Use will form a legally binding contract between you and Hueman. If you do not agree with these Terms of Use, do not use or access the Service.

 

ARBITRATION NOTICE: THE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND HUEMAN AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND HUEMAN WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

If at any time we offer a new or special feature with its Hueman terms and conditions in addition to these Terms of Use, the terms specific to the new or special feature control to the extent that there is a conflict with these Terms of Use.

 

We reserve the right, in our sole discretion, to modify these Terms of Use at any time by posting updated Terms of Use.  By continuing to access and use the Site after any such modification is made, you are agreeing to such modification.   

 

You must be at least 18 years old, or between 13 and 17 years of age with parental or guardian permission, to use the Service.

 

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with these Terms of Use and all applicable local, state, federal, provincial, national and international laws, rules related to your use of the Service and your content (defined below) including, but not limited to, copyright laws.

Content

1. Hueman will consider anything you provide to Hueman and/or contribute to this Site as available for our use free of any obligations to you (including any payment)

2. Reviews, responses, profile entries, posts, or questions may not be able to be deleted once uploaded. We may use this data to develop aggregate ratings, personalize site views, market products, or identify or feature popular members. By posting or uploading any content to this Site, including posts, responses, and/or providing any communication or material to Hueman ("User Content"), you automatically and irrevocably:

a.   Retain ownership of your User Content, and grant and assign to Hueman a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other exploitation by Hueman and/or by any person authorized by Hueman, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

b.   Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

c.   Appoint Hueman as your agent with full power to enter into any document and/or do any act Hueman may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

d.   Warrant that you are the owner of the User Content and entitled to enter into these Terms;

e.   Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Hueman shall not be liable for any use or disclosure of such User Content.

3.    You agree that Hueman is not responsible for, and does not endorse User Content posted within the Service. Hueman does not have any obligation to prescreen, edit, monitor or remove any User Content.

4.    The Hueman name and logo are trademarks of Hueman. You may not copy, imitate or use, in whole or in part, without the prior written permission of Hueman. In addition, all page graphics, headers, button icons and scripts are Hueman service marks and trademarks and may not be copied, imitated or used, in whole or in part, without prior written permission from Hueman.

5.    The Service contains content owned or licensed by Hueman ("Hueman Content"). Hueman Content is protected by copyright, trademark, trade secret and other laws, and, as between you and Hueman, Hueman owns and retains all rights in the Hueman Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or owning the Hueman Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Hueman Content.

6.    Hueman reserves the right to remove any Hueman Content from the Service for any reason, without prior notice. Hueman Content removed from the Service may continue to be stored by Hueman, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.

7.    The Service may be interrupted on occasions including, but not limited to, maintenance or upgrades, emergency repairs, technical failures or other similar situations. In such instances, you may not rely on Hueman for the purposes of content backup or storage. Hueman encourages you to maintain backup of your User Content.

8.    Hueman is not liable to you for any suspension, modification or discontinuation of the Service, or loss of any User Content.

9.    Because the Internet may be subject to breaches of security, you acknowledge that the submission of User Content or other information may not be secure.

10.  If you repeatedly infringe other people's intellectual property rights such as, but not limited to, copyright and trademark, we will disable your account when appropriate.

 

Consent to Email Communications

 

You expressly agree that, as part of the Site, you may receive communications by email, or through any of our social media channels and other third-party services.  

 

Intellectual Property Rights

 

All content, names, logos, designs, graphics, text, sounds, pictures, videos, software, and other materials on the Site are the intellectual property of the Hueman, its affiliates or licensors, and are subject to and protected by the United States and international copyright and trademark laws.

 

Subject to these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal use only.  This license does not include any resale or commercial use of the Site or its content, any derivative use of the Site or its content, or any use of data mining, robots or similar data gathering and extraction tools.  You may download, copy and/or transfer podcasts to a computer or mobile device for your personal, non-commercial, use only, provided that you do not modify Hueman.

 

You may link to our Site from your site, blog, application, platform or services, provided that (a) the link redirects the user to the Site or Hueman Content when the user clicks on it, (b) you do not insert any intermediate page, splash page or other content between the link and the Site, (c) you do not place advertising in on Hueman Content if embedded on your site, (d) you do not use Hueman Content in a manner that suggests Hueman, the Site, or Hueman Content promotes or endorses your, or a third party’s cause, ideas, products, sites, applications, platforms or services, (e) you do not use Hueman Content for commercial purposes, and (f) you do not use Hueman Content in any way that is unlawful or harmful to any individual or entity, or could in any way alters the intended context of Hueman Content. The Site and Hueman Content may not be reproduced, duplicated, copied, sold, licensed, or otherwise exploited for any commercial purpose without our express written consent.  

 

Links to Third Party Websites, Applications, Platforms and Services

 

The Site may contain links to websites, applications, platforms or services maintained by third parties over which we have no control.  We do not endorse the content, products or services of such websites, applications, platforms and services, and we disclaim any responsibility for the content or any products or services that appear on such third-party websites, applications, and platforms.

User Posts and Materials

 

You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, infringing, obscene, racially or ethnically derogatory, sexually explicit, profane, hateful, or otherwise objectionable material of any kind.  We reserve the right, but are under no obligation, to screen or remove any user posts at any time and for any or no reason.

 

You represent and warrant that: (a) if you post or submit any materials or personally-identifying information on or through the Site, you are at least 18 years of age, or between 13 and 17 years of age with parental or guardian permission (b) you have obtained all clearances, releases, licenses and rights to any materials or content you post or submit on or through the Site that may be necessary for their use as contemplated by the Site or these Terms of Use, (c) the comments, materials or content you post or submit does not and will not defame any individual or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any individual or entity, or violate these Terms of Use.

 

We are not responsible for any user comments, materials or content submitted by you or a third-party on or through the Site. We cannot verify the accuracy of statements that users make or place on or through the Site, and we do not guaranty that any user comments, materials or content have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms of Use.

 

Privacy

 

1.  Except as otherwise described in the Service's Privacy Policy, as between you and Hueman, User Content will be non-proprietary and non-confidential and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with Hueman is not a confidential, fiduciary, or other type of special relationship. Your decision to submit User Content does not place Hueman in a position that is any different from the position held by members of the general public, including with regard to User Content.

2. User Content will not be subject to any obligation of confidence on the part of Hueman, and Hueman will not be liable for any use or disclosure of any Content you provide.

3. Hueman's policy is to reject content, ideas, information or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. If you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Hueman takes no responsibility for such content and is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, but not limited to, developing and marketing products and services, without any liability or payment of any kind to you.

 

Indemnity

 

You agree to indemnify and hold harmless the Hueman, its media guests and participants, business partners, and their respective owners, members, managers, directs, officers, employees, agents, and representatives from any and all claims, liabilities, costs or expenses, including attorneys’ fees, arising from (a) your breach of any of the above representations and warranties, (b) your breach of the terms and conditions of these Terms of Use, or (c) your use of the Site, including, without limitation, your submission of comments, materials, or content n or through the Site.

 

Data Usage Charges

 

We do not charge you for use of our Site.  You acknowledge, however, that streaming media can result in high data usage and may lead to excess data charges.  We encourage you to monitor your wireless plan, data use and data charges.  You agree that you are solely responsible for any costs you incur to access the Site or stream media content on the Site, including any excess data charges.

 

Disclaimer of Warranties

 

THE SERVICE, INCLUDING, WITHOUT LIMITATION, HUEMAN CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER HUEMAN NOR ANY OF ITS OWNERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "HUEMAN PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO HUEMAN OR VIA THE SERVICE. THE HUEMAN PARTIES NEITHER REPRESENT NOR WARRANT (A) THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; (B) THAT DEFECTS WILL BE CORRECTED; AND (C) THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.

IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE HUEMAN PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE HUEMAN PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE HUEMAN PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE HUEMAN PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE HUEMAN PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

 

Limitation of Liability; Waiver

 

UNDER NO CIRCUMSTANCES WILL THE HUEMAN PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES WHETHER DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE HUEMAN PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE OR IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNNERS; (F) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) EVEN IF FORESEEABLE OR EVEN IF THE HUEMAN PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY. IN NO EVENT WILL THE HUEMAN PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE HUEMAN PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF HUEMAN'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE HUEMAN PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE HUEMAN PARTIES.

HUEMAN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

Contact Information

 

If you have any comments, questions or complaints regarding these Terms of Use or the Site, or wish to report any violation of these Terms of Use, please contact us at contact@hellohueman.com.