PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this website after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. We will post a notice here when we make material modifications, amendments, and changes to these terms. If at any time you choose not to accept these terms and conditions of use, please do not use this website.
I. SCOPE OF TERMS AND CONDITIONS
This website, www.herafoundation.org, (“Site”) and any and all websites that we may own and operate in the future are owned by HERA and are governed by the terms and conditions (“Terms and Conditions”) herein. The Terms and Conditions do not apply to the use of unaffiliated websites to which the Site only links.
II. INTELLECTUAL PROPERTY OWNERSHIP
Except as expressly provided in these Terms and Conditions, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. All intellectual property rights in the contents of the Site, including but not limited to publications, graphics, blogs, and all other property on the Site (collectively, the “Content”), are owned by HERA or its licensors. Our rights to the Content are protected by national and international copyright, trademark, and other intellectual property laws and treaties. The extent of your license to use the Content on the Site is limited to your own personal use. Your commercial use of the Content is strictly prohibited. We reserve the right to revoke your license and terminate your access rights to the Site with or without notice to you at any time for any reason, including but not limited to your express violation of the limited license provided to you.
III. LICENSE OF YOUR CONTENT TO HERA
By posting, publishing, uploading, or distributing any messages, data, information, text graphics, photos, links, content, or other materials (collectively, the “Postings”) for use on this Site, you grant (or warrant that the owner of such rights has expressly granted) HERA and its affiliates an irrevocable, royalty-free, non-exclusive license to use, reproduce, publish, and publicly display the Postings in any form, medium, or technology now known or later developed. You agree that you shall have no recourse against HERA for any alleged or actual infringement or misappropriation of any proprietary right in the Postings you provide to HERA. You also warrant that any “moral rights” in posted materials have been waived, and that you are not entitled to any compensation for such use.
IV. LINKING TO OUR SITE
VI. COPYRIGHT CLAIMS
If you believe HERA infringed your copyright in any material way, please contact us at: Copyright Agent for Notice HERA P.O. Box 6147, Denver, CO 80206
THE PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF; OR (D) YOUR USE OF THIS WEB SITE, THE CONTENT, OR THE PRODUCTS. NEITHER HERA NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00.
I X. INDEMNITY
You agree to defend, indemnify and hold HERA, its representatives, officers, directors, and employees harmless from and against all liabilities, claims, costs, and expenses, including attorneys fees that arise with your use of the Site, your violation of the Terms and Conditions, your downloading or transmission of all communications or material on this Site or your violation of applicable law.
This Site is not intended for use by persons under the age of 13. If you are under 13, do not use this Site. If parents believe their minor children have accessed this Site and provided their personally identifiable information, please contact us at HERA, P.O. Box 6147, Denver, CO 80206.
XI. UNLAWFUL ACTIVITY
HERA reserves the right to investigate complaints or reported violations of our Terms and Conditions and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary to appropriate persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
XII. GOVERNING LAW
These Terms and Conditions will be governed by and construed in accordance with the laws of Colorado, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these Terms and Conditions will be filed only in Colorado courts. You consent to the jurisdiction of Colorado courts.
XIII. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these Terms and Conditions, you acknowledge and agree that HERA will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to enjoin your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
XIV. SEVERABILITY OF PROVISIONS
If any provision(s) of the Terms and Conditions is/are found unlawful, void, or for any reason unenforceable, then that provision(s) will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining Terms and Conditions provisions.
XV. MODIFICATIONS TO TERMS AND CONDITIONS
This is the entire agreement between you and HERA relating to the subject matter it contains. This agreement may only be modified by our posting of changes to these Terms and Conditions, or by a writing signed by both parties. Updated versions of the Terms and Conditions will appear on the Site and are effective immediately.
XVI. CONTACT US
Any questions or concerns regarding these Terms and Conditions should be directed to firstname.lastname@example.org.
Copyright © 2010, HERA Inc. All rights reserved. Some portions of this Site are used under license. All brands and product names are trademarks or registered trademarks of their respective owners.