As of January 1, 2020
This Terms of Use sets forth the terms and conditions under which Heroity (Corbijn LLC ) (Heroity, we, or us) provides you access to, and governs your use of the website located at Heroity.com (the Site), and the Heroity applications made available through the Site (the Software) and the information, content, features and services provided through the Site (together with the Software, collectively, the Service).
THIS IS A BINDING CONTRACT; PLEASE CAREFULLY READ THIS AGREEMENT
REGARDING BINDING CONTRACT:
Please read and understand the Terms of Service is a binding legal contract between you and Heroity (Corbijn LLC) including an agreement to arbitrate disputes. The Terms of Service apply to your use the Heroity website located at www.heroity.com (“Site”) and any of our related services, content or applications (the Site and these services, content and applications together will be called the “Services”). Your use of the site and/or the service, signifies your agreement to this term of use and constitutes your binding acceptance of this terms of use, including any modifications that Heroity makes from time to time. if you do not agree to this term of use, you may not use the site or the service. If you accept this Terms of Use, you represent that you have the legal capacity to be bound by it. You may not use the Service and you may not accept this Terms of Use if you are not sixteen years of age or older.
REGARDING MODIFICATIONS:
Heroity may amend this Terms of Use at any time by posting the amended Terms of Use on the Site, and you agree that you will be bound by any changes to this Terms of Use. The date of last revision of this Terms of Use is included at the top of this page. Heroity may make changes to the Site and/or the Service at any time. You understand that Heroity may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice. If you do not agree to the new terms, you should stop using the Services.
REGARDING PRIVACY POLICY:
In connection with your use of the Services, please review our Privacy Policy in order to understand how we use information we collect from you when you access, visit or use the Services. By using the Site or the Service, you represent that you have read and consent to our Privacy Policy in addition to this Terms of Use.
The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy, and agree that we may use information collected from you in accordance with the Privacy Policy.
Heroity may revise the Privacy Policy at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or the Service.
REGARDING DESCRIPTION OF THE SERVICES:
Heroity offer the Services as a tool for charitable organizations (each a “Charity”) to conduct sweepstakes promotions or prize draws. The Site hosts multiple Campaigns (sweepstakes/prize) draws (each a “Sweepstakes”). In each Sweepstakes, a Charity is seeking to raise money for itself and each Sweepstakes is separate. Entry into one Sweepstakes is not entry for any other Sweepstakes. Details on the exact dates for any Sweepstakes, along with the prize(s) available in that Sweepstakes, the beneficiary charity, and any other details will be listed at the “Official Rules” within the campaign page for each Sweepstakes. For a list of the various Sweepstakes available at any given time, click the Campaigns tab on the Site. The links from the page within the Campaigns tab will bring you to the Sweepstakes Page for each individual Sweepstakes.
REGARDING THE SERVICES:
The Heroity Site provides certain promotions on the Site (Promotions) for a chance to win unique, amazing, or once-in-a-lifetime experiences (Prizes) and receive rewards traditionally unavailable to the general public. Participants may enter Promotions by creating an Account (defined below) and by either using Heroity’s Free Alternate Methods of Entry, by making a Donation, or by using any other free to use mechanisms that we provide from time to time. No purchase, payment or other financial contribution is necessary to enter or win a Promotion and Heroity’s Free Alternate Methods of Entry is always available for all Promotions. Void where prohibited by law. In addition, if you are registering for or participating in a Promotion, participation is subject to our Official Sweepstakes Rules and Regulations and any other rules and regulations applicable to such Promotion (collectively, Rules). If this Terms of Use conflicts with or is inconsistent with any Rules, such Rules will govern and be given precedence. Occasionally where law permits, we may offer different types of Promotion than sweepstakes, which will have their own rules and terms.
Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to this Terms of Use. Heroity reserves the right to add, modify, change, suspend or discontinue any portion of the Service, in its sole discretion, at any time. In addition, Heroity may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.
REGARDING REGISTRATION:
You will be required to register through the Services and select a password and user I.D. as a condition of using certain features of the Services
You may not use or select as a user I.D. name:
– of another person with intentions to impersonate that person or pretend to be that person
– subject to any rights of a person or persons other than you without the appropriate permission and authorization
– that is otherwise vulgar, obscene or offensive
We always reserve the right at any time to cancel or refuse registration of a user I.D., in our sole discretion. It’s your responsible for maintaining the confidentiality of your user I.D. and password.
REGARDING ACCOUNTS:
You will be directed to register on the Site and create a user profile or account (Account) to use certain portions of the Site and Service. Eligibility is limited to persons equal to or over the age of 13, or to persons who have reached the age of majority in their countries of residence. Void in countries on the United States list of embargoed countries.
You may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password as part of the registration process.
You agree that all information you provide to Heroity for purposes of creating an account (Registration Information) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of this Terms of Use and may result in the immediate termination of your Account. You agree to:
– promptly update your Registration Information to keep it true, accurate, current and complete
– maintain the confidentiality of your password
In creating an Account, you shall not use an ID name:
– of another person with intentions to impersonate that person or pretend to be that person
– subject to any rights of a person or persons other than you without the appropriate permission and authorization
– that is otherwise vulgar, obscene or offensive
– allow any other party to use your Account and/or password except as set forth herein
You are responsible for everything done through your account so please do not share your user ID and password with anyone. Please notify us right away at [email protected] if you have lost control of your password or you suspect there is unauthorized activity in your account; including of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You should not use your account as a storage facility for any User Content you want to keep. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Heroity is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
From time to time we will send you emails related our Service, related to your account, and changes to these Terms of Service and other issues.
Always keep your account information updated in case you change your email address to make sure that you receive important notices from us. You can opt out of some kinds of email (e.g., marketing email) by following instructions in the email or request by sending [email protected]
Heroity employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as an Heroity, employee, director or manager may not win the offered Promotions.
REGARDING TERMINATION OF ACCOUNT:
We reserve the right to suspend or terminate your account and/or your use of any Content, Services or application at any time without notice. You understand and agree that you have no ownership rights in your Account and Heroity may stop offering the Service at any time.
Heroity may cancel your Account without notice, for any reason or no reason including, without limitation, your violation of this Terms of Use, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time.
Heroity reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled. You may cancel your Account at any time and cancellation will take effect immediately. Heroity will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service.
You may no longer have access to any information or materials you store within your account once your account is closed (voluntarily or involuntarily); following deactivation or termination of your user account, unless requested that your information be deleted by contacting us at [email protected]. Also, we may retain your information for back-up, archival, legal and audit purposes, and to reactivate your account upon your request.
We may use all of your User Content in regards with these Terms of Service and retain and continue to use all information contained in your communications to other users of the Services posted to public or semi-public areas of the Services after termination or deactivation of your user account indefinitely.
REGARDING DONATIONS:
All donations to support any charity in our campaigns are voluntary. You can choose to make a voluntary donation to a charity to enter a sweepstakes or prize draw via the Services. Payment, processing and transaction fees will be deducted from a donation. For information on processing fees and other costs applied to any donation, see our FAQ page.
All donations are final and nonrefundable. No purchase, payment or donation is ever required to enter a Sweepstakes.
In addition to at our free methods of entry, each Promotion allows you to support featured non-profit(s) and/or charitable causes (each a Charity) by making a monetary donation (each a Donation). In the event that you need a duplicate or replacement receipt for tax purposes, you can or have any questions regarding donations contact [email protected]. It is your responsibility to determine if any amount is tax deductible and, as with all tax related matters, you should consult your own tax advisor. Except in the event of fraud and a valid chargeback by a credit card issuer, all Donations are non-refundable.
REGARDING NO PURCHASE NECESSARY:
No donation, purchase or other payment is necessary to enter a Sweepstakes/Prize Draw.
Not necessary; but you can make a voluntary donation at the time of entry using any of our approved credit cards, debit or one of our approved payment providers.
Because the campaigns are to support charities, we always appreciate any donations to support that cause. By making a donation that will not increase your chances of winning. It helps the charities in need and supports the website. See FAQs for details on how to enter without making any donation.
REGARDING ELIGIBILITY:
The Site and use of the Services is intended for individuals who are at least thirteen (13) years old. If you are not at least thirteen (13) years old, please do not access, visit or use the Site or Services. Additional restrictions may apply for any particular Sweepstakes and will be disclosed in the specific rules for that promotional offer.
REGARDING CAMPAIGN SWEEPSTAKES/ CAMPAIGN PRIZE DRAWS:
All Sweepstakes Campaigns and campaigns prize draws conducted on the Services are governed by individual Sweepstakes Official Rules applicable to the particular campaign promotion. We reserve the right to extend the deadline of any of the sweepstakes at any time if necessary. Typically, we do this if for example we do not have enough donations that will cover fees, prizes, reward and etc. You will be notified by email if deadline gets extended.
REGARDING REFUNDS, RETURNS AND EXCHANGES:
Any time you donate; your Heroity donation supports a charity cause and enters you to win an awesome prize or prizes. The money you donate goes to the charity and helps people or create real change or impact; because of this we cannot and will not provide refunds.
Some campaigns will have certain tiers with campaign perks; if your donation is for a tier that has a campaign perk, note that delivery time based on the item can vary. More information about shipment will be listed in the product description in that certain tier.
Because the all campaign perks are exclusive; we apologize for not being able to accommodate any kind of exchanges. If we are not able to deliver the perk, you were promised for unseen circumstances we will only refund the donation. If for some unseen circumstances we cannot provide the prize that you won; we will provide a check for the cash value for the item.
REGARDING THIRD-PARTY PRODUCTS AND SERVICES:
Third party products (example partners), services, content, information may be made available by Heroity on or through the Site.
Heroity makes no representations or warranties regarding any Third-Party Products and takes no responsibility and assumes no liability for any Third-Party Products. Third Party Products are provided solely for the convenience of Site users. Third Party Products are subject to the applicable terms and policies of the third parties that offer them.
It is your choice to purchase goods or services from third-party companies that place advertising on the Services. Any dealings including payment and delivery of goods or services, and any other terms (such as warranties) applicable to those goods or services are solely between you and the companies offering the applicable goods or services.
Heroity will not be responsible for any loss or damage of any sort relating to your dealings with third-party companies that place advertising on the Site.
Heroity may contain links to third-party websites, advertisers, or services that are not owned or controlled by Heroity. Please read the terms and conditions and privacy policies of any third-party website or service that you visit.
It is your choice accessing a third-party website from the Site or Services and you agree to do so at your own risk, and you agree and understand that Heroitys Privacy Policy and Terms of Service do not apply to your use of these third-party websites at any time.
Heroity assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. Heroity does not control the linked sites, and we are not responsible for the content available on the other sites.
REGARDING INTERNET ACCESS:
You agree for any Internet connection and telecommunication fees and charges that you incur when accessing the Site and/or the Service; you will be responsible for.
REGARDING DATA:
Information that you submit in during or connection with a Sweepstakes/Prize Draw will be possibly shared with the applicable Charity that is the beneficiary of that Sweepstakes/Prize Draw.
REGARDING HYPERLINKS:
Heroity Site may have links to other websites (partners for example) owned and operated by other parties. As a convenience Heroity provides these links to other websites and you agree any use of these sites is at your own risk.
Heroity does not control the linked sites, and we are not responsible for the content available on the other sites. Linked sites do not imply Heroity’s endorsement of information or material. Heroity disclaims all liability with regard to your access to and use of such linked websites.
Regarding Links to the Site. You are not allowed to leave a link to the Site on another website without our proper written consent.
REGARDING USE OF SITE AND SERVICE:
You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to:
– make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
– institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service.
– attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service.
Furthermore, you may not use the Site to develop, generate, transmit or store information that:
– is defamatory, harmful, abusive, obscene or hateful.
– in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service.
– performs any unsolicited commercial communication not permitted by applicable law.
– constitutes harassment or a violation of privacy or threatens other people or groups of people.
– is harmful to children in any manner.
– violates any applicable law, regulation or ordinance.
– makes any false, misleading or deceptive statement or representation regarding Heroity and/or the Site or Service.
– constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
You agree that you will not:
– obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data.
– intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device.
– use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or Software.
– use any type of bot, software, or any other codes, instructions or third-party software that is designed enter you into a sweepstakes (or multiple sweepstakes) automatically or in any way that would provide you with an unfair advantage over individuals that enter manually.
You understand that all data, information, text, software, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting such Content. Heroity does not control the Content posted on the Site or transmitted through the use of the Site or the Service and, as such, Heroity does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Content.
Further, you acknowledge that Heroity may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Heroity be liable in any way for any user-generated Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Service.
The Site may provide forums and/or chat features enabling users to post user observations and comments. We cannot guarantee that other members or users will not use the ideas and/or information that you share. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. We shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site or Service.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation:
– to maintain any Comments in confidence.
– to pay to you or any third party any compensation for any Comments.
– to respond to any Comments.
You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed:
– when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena).
– to satisfy any applicable laws or regulations.
– where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
– when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally.
– in order to protect the rights or property of Heroity, including to enforce this Terms of Use. By entering into this Terms of Use, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.
The Site and the Service are operated by Heroity in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
REGARDING LIMITED LICENSE TO USE SITE AND SERVICE:
Heroity hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to access and use the Site and Service by subjecting to all of the terms and conditions of this Terms of Use.
Must at all times be used in accordance with this Terms of Use and rules, restrictions and/or documentation set forth by Heroity from time to time. The Site and Service may only be used for personal and non-commercial purposes.
You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. You understand that Heroity, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder and disable the Site, or any part thereof including any Service, without prior notice. All modifications and enhancements to the Site and Service remain the sole property of Heroity.
Heroity reserves the right at any time to add or remove features or functions to the Site or Service in its sole discretion and at any time. Notwithstanding anything to the contrary herein, you may not:
– authorize, cause, permit the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or Service.
– make any false, misleading or deceptive statement or representation regarding Heroity and/or the Site or Service or sell, assign, rent, lease, act as a service bureau, or grant rights in the Site or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Heroity.
REGARDING LIMITATION OF LIABILITY:
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Heroity and its affiliates shall be limited to the fullest extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEROITY OR ANY OF ITS AFFILIATES, TOGETHER WITH ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS TERMS OF USE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR
– FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE, EVEN IF HEROITY AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
– THE USE OR THE INABILITY TO USE THE SITE, THE SOFTWARE OR THE SERVICE.
– UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
– STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.
– ANY OTHER MATTER RELATING TO THE SITE, THE SOFTWARE OR THE SERVICE.
– THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HEROITY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR ANY PORTION OF THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE, THE SOFTWARE AND THE SERVICE.
REGARDING PROHIBITED ACTIVITIES:
This site is not for commercial purposes, This Services is for personal and individual uses only. In compliance with these Terms of Service you agree directly or using any kind of device, software, Internet site, web-based service to do the following:
– do not without permission usage any content for any business purpose.
– do not copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit any information or content without permission or create, recreate, distribute or advertise an index of any significant portion of any content.
– do not remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on any content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Services, including but not limited to geo-filtering mechanisms, or incorporate any content, or stream or retransmit any content, in any hardware or software application or make them available via frames or in-line links.
– do not create derivative works or materials that otherwise are derived from or based on in any way on any content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Heroity in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. All content within the Services is covered by the foregoing restrictions include without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.
– do not use technology or other means to access, index, frame or link to the Services (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services) unless expressly authorized to do so by Heroity.
– do not provide any user content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
– do not provide any user content that contains any information or content that is fraudulent, false, misleading, or deceptive or otherwise provide false, misleading or deceptive information in connection with your use of the Services. This includes but is not limited to giving false information as part of your account registration and writing reviews that are made up, dishonest or misleading; without having all the legal rights needed to do so or provide any User Content that infringes any third-party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that violates any laws or regulations.
– do not in exchange for any form of benefit or compensation from a third-party.
– do not open a new account without our written permission if we have terminated your account or told you not to access the Services.
– do not transfer your account to someone else.
– do not use an account for the purpose of making a competitive assessment of our Services or incorporating any information or other Content from the Services into any service you offer to third-parties.
– do not involve bad online citizenship, such as spam our users, distribute spyware or viruses, collect personal information without disclosing and abiding by our privacy policy, or attempt to reverse engineer or hack into our systems.
– do not access or scrape the Services by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; bog down the Services by uploading or downloading an unreasonably large amount of material at one time; or bypass any technical protections, storage limits or throttling that we institute.
– do not reverse engineer, decompile, disassemble, create derivative works of, remove the copyright designation from, copy, sublicense or distribute any content, application or software code associated with the Services.
REGARDING INTELLECTUAL PROPERTY:
We have a right of terminating users who repeatedly infringe the copyrights of others
Heroity website including interfaces, content, arrangement and layout of the Site are the property of Heroity (Corbijn LLC) except where otherwise stated, and are protected from copying, imitation, communication, or simulation under U.S. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Heroity. This includes but not limited to, the Heroity trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (Heroity Intellectual Property).
You agree not to display or use any Heroity Intellectual Property or third-party content located on the Site in any manner not expressly permitted under this Terms of Use. By visiting the Site; you understand and acknowledge that you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site.
If you believe that the Site or Service or any information on the Site, including any Content, infringes upon any copyright or other intellectual property that you own or control, you may contact us at [email protected]
REGARDING WARRANTIES DISCLAIMERS:
Some jurisdictions or states do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
THE SOFTWARE OR THE SERVICE OR THE SITE, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
HEROITY MAKES NO WARRANTY AS TO THE QUALITY OR ACCURACY OR COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF THE SOFTWARE OR THE SERVICE OR THE SITE.
YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE IS AT YOUR SOLE RISK. HEROITY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE SOFTWARE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITE, THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE, THE SOFTWARE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HEROITY PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SITE, THE SOFTWARE OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS
REGARDING INDEMNIFICATION:
You agree to defend, indemnify and hold Heroity, and its successors and assigns, and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney’s fees and costs) arising out of or relating to:
– your misuse or use of the Site, the Software or the Service.
– your breach or alleged breach of this Terms of Use, a breach or alleged breach of any warranty or representation by you in this Terms of Use; including, without limitation.
– your violation of any rule, regulation, law or rights of others in connection with your use of the Site, the Software or the Service.
– violation, infringement, or misappropriation of any intellectual property rights like copyright, trade secret, or any other or the violation of any property or privacy right arising from any of the User Content or Comments that you post on the Site or transmit through the Service.
REGARDING DISPUTE RESOLUTION:
THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND HEROITY HAVE AGAINST EACH OTHER ARE RESOLVED INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE; UNLESS YOU OPT-OUT OF ARBITRATION:
– YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PRIZEO ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND
– YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS
REGARDING LAW:
Heroitys Terms of Use will be construed under and is governed by the laws of the United States of America and the law of the State of Texas, without regard to conflict of law principles. These terms of service and any claim or dispute that has arisen or may arise between you and Heroity will govern by State of Texas.
REGARDING MISCELLANEOUS INFORMATION:
Regarding Amendments/Revisions to the TOU: Including by publishing such revisions by Heroity on the Site. This Terms of Use may only be amended and/or revised in writing by Heroity.
Regarding the Relationship of Parties: As a result of this Terms of Use or your use of the Site, the Software or the Service. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Heroity.
Regarding No Third-Party Beneficiaries: There are no third-party beneficiaries. These Terms of Service are between you and Heroity.
Regarding Assignment: You may not assign this Terms of Use without Heroity’s prior written consent, and any unauthorized assignment by you shall be null and void. Only Heroity may assign this Terms of Use, in whole or in part, to any person or entity at any time with or without your consent.
Regarding Severability: Any provisions is found to be invalid or unenforceable of this Terms of Use, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Regarding Attorneys’ Fees: The prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation if in the event any litigation is brought by either party in connection with this Terms of Use.
Regarding No Waiver. The express waiver by us of any provision, condition or requirement of this Terms of Use shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Our failure to enforce any provision of this Terms of Use shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter.
Regarding Notices. All notices given by you or required under this Terms of Use shall be in writing and addressed to: Heroity, Corbijn LLC, 900 N Blue Mound Rd #144, Box #125 Saginaw, TX 76131, Attn: Heroity Customer Service.
Regarding Equitable Remedies. You hereby agree that Heroity would be irreparably damaged if the terms of this Terms of Use were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms of Use, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Regarding Entire Agreement: This Terms of Use, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site, the Software and the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or the Service.
REGARDING CONTACT:
Contact Information: All questions and concerns regarding this Terms of Use should be directed to [email protected]
