Terms of Service
These Terms of Service were last revised and are effective as of October 31, 2018.
For Kids:
Welcome to the HITN Cleo & Cuquin Explore and Learn App for Math. This is legal stuff that helps to make sure you and the people who operate Cleo & Cuquin Explore and Learn App for Math agree on how you can use this App. If you are not an adult (if you are younger than 18 years of age, in most states), you need to get your parent’s permission before using this App, and you should go over this section, as well as our Privacy Policy [insert link], with them. Generally, you shouldn’t use this or any other app without your parent’s permission.
There are a lot of things on this App, like puzzles, that you’ll find fun and interesting, but there’s a lot of stuff for parents, teachers and other grown-ups that probably won’t interest you much. So long as your parents say it’s OK, you are free to visit all the sections of this App, and you can of course play the games (indeed, we hope you will), but it’s not OK to copy any games or other parts of the App. In addition, you shouldn’t let other people use the App by pretending to be you.
If you are less than 18 years of age (or the age of majority if the age of majority is older than 18 where you live) you need your parent’s permission to use this App. Your parents will also be able to remove or change any information we have about you, and if they ask us not to let you on our App, you won’t be able to access the App after that.
The rest of this part of the App, below, is primarily for grown-ups, and you might find it kind of boring, but you’re welcome to read it if you want.
The following Terms of Service apply to all users of Cleo & Cuquin Explore and Learn App for Math and its associated websites, webApps, subdomains, mobile versions, any associated applications and services (collectively, the “App”), which is operated by Hispanic Information and Telecommunications Network, Inc. (“HITN,” “us” or “we”).
The Terms (as defined below) for the App represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and HITN regarding your use of the App. Together, Users and HITN are each referred to herein individually as a “Party” or collectively as the “Parties.” By accessing, browsing or otherwise using the App, you (i) acknowledge that you have read and understand, and are agreeing to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, or, if you are minor, you have obtained the consent of your parents or legal guardian, and are able and competent to give us rights as detailed in these Terms, and to comply with these Terms. When using the App, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time on the App (the “Guidelines”). All Guidelines are at this moment incorporated by reference into these Terms of Service.
BEFORE USING THE APP, PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF SERVICE” OR “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE APP.
1. Minors. If you are under the age of eighteen (18), you are not authorized to access or use the App without the consent of a parent or legal guardian. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
2. Privacy Notice. Your privacy is important to HITN. HITN’s Privacy Policy is at this moment incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to HITN’s collection, use, and disclosure of your personal information.
3. Modification of the Terms. HITN reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Last Updated” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check these Terms periodically for changes. Your continued use of the App after the posting of changes constitutes your binding acceptance of such changes.
4. App Access, Linking. HITN grants you permission to use the App as set forth in these Terms, provided that and for so long as (i) you use the App solely for your personal, non-commercial use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the App in any medium without HITN’s prior written authorization; (iii) you do not alter or modify any part of the App other than as may be reasonably necessary to use the App for its intended purposes; (iv) you do not engage in any of the prohibited uses described in Section 5 below; and (v) you otherwise fully comply with these Terms. Upon receiving notice of revocation, you must destroy all copies of the software in your possession and/or residing on systems under your control. The App is controlled and offered by HITN from its facilities in New York in the United States of America. HITN makes no representations that the App is appropriate or available for use in other locations. If you are accessing or using the HITN App from other jurisdictions, you do so at your risk, and you are responsible for compliance with local law.
5. Ownership; Proprietary Rights.
(a) General. The App, including the content, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel” and arrangement of items, and all other elements of the App that are provided by HITN (“HITN Materials”) are owned and/or licensed by HITN and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Except as expressly authorized by HITN, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the App or the HITN Materials. HITN reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the HITN Materials, except for the limited rights expressly set forth in these Terms.
6. Prohibited Uses of the App.
(a) As a condition of your use of the App, you hereby represent and warrant that you will not use the App for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.
(b) Any use by you of any of the HITN Materials and App other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the App, use of the App or access to the App for any purpose other than for your personal use.
(c) Except as expressly provided in Section 6, you agree not to create derivative works of the App content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of HITN and any applicable licensors.
(d) You agree not to use the App if you do not meet the eligibility requirements described in Section 1 above.
(e) You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the App, or collect, or attempt to collect, personal information about Users or third parties without their consent.
(f) You agree not to intentionally interfere with or damage, impair or disable the operation of the App or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the App with the intended result of denying service to other Users.
(g) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the App, features that prevent or restrict the use or copying of any part of the App, or features that enforce limitations on the use of the App.
(h) You agree not to attempt to gain unauthorized access to the App or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the App or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the App or any activities conducted through the App.
(i) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the App. You agree neither to modify the App in any manner or form nor to use modified versions of the App, including (without limitation) for the purpose of obtaining unauthorized access to the App or for the removal of any proprietary notices or labels on the App.
(j) You agree that you will not use any robot, spider, scraper, or other automated means to access the App for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the App.
(k) You agree not to utilize framing techniques to enclose any trademark, logo, or other HITN Materials without our express prior written consent. You agree not to use any meta tags or any other “hidden text” utilizing HITN’s name or trademarks without HITN’s express prior written consent.
(l) You agree not to use any HITN logos, graphics, or trademarks as part of the link without our express prior written consent.
(m) You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the App to any third party.
(n) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the App or to insert your own or a third party’s advertising, branding or other promotional content on the App. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(o) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(p) You agree not to use the App in any manner that could interrupt, damage, disable, overburden or impair the App, or interfere with any other party’s use and enjoyment of the App, including, without limitation, sending mass unsolicited messages or “flooding” servers.
(q) You agree not to modify, adapt, translate, or create derivative works based upon the App or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(r) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(s) You agree not to post, transmit or otherwise disseminate through the App any content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
Unauthorized or prohibited use of the App or the HITN Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
7. Account Information and Purchases.
(a) In order to access some features of the App, you may have to create an account. When any of the App content or functions on the App require you to register with us, or otherwise provide user information, you must complete the registration process by providing us with complete and accurate account information. You grant to us and to all other persons and entities involved in the operation of the App the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the App and as otherwise provided herein. Our information collection and use policies with respect to the privacy of your account information are set forth in our Privacy Policy, which is incorporated into these Terms by reference for all purposes. You acknowledge, consent, and agree that HITN may access, preserve and disclose your account information if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) provide certain customized features of the App to you, if any; (d) respond if you contact HITN for any reason; or (e) protect the rights, property, or personal safety of HITN, its other Users, and the public. You may cancel your account with us at any time by following the instructions on the App. If you voluntarily terminate your account or allow your account to lapse, you may reactivate your account at any time through the user account section of the App. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated. We reserve the right to immediately terminate your account in our sole discretion, and without prior notice to you if, for example, you violate the Terms. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your account and remove all of your content from the App.
(b) We may offer products and services for sale on the App. Your use of the App includes the ability to enter into agreements and/or make transactions electronically through third-parties (such as Google Play, the App Store or a Retail Kit Provider, via an access code). Please carefully read pricing terms available in the areas of the App that allow you to make purchases. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions, including all applicable taxes. HITN is not responsible for typographic errors. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, services or features offered through the App at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by us, your account may be closed without warning or notice at our sole discretion. EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
8. Password. If you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your App, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify HITN. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, HITN OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
9. Links to Third-Party Websites. The App may contain links to websites of third parties, including, without limitation, advertisements of third party products and services and “buy” links to third party vendors or retailers to purchase products or services featured on the App. If you use these links, you will leave the App. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
10. Service Availability. HITN may make changes to or discontinue any of the media, web communities, products, or services available on the App at any time, and without notice. The media, products, or services on the App may be out of date, and HITN makes no commitment to update these materials on the App.
11. Submission of Your Ideas and Suggestions. While you are encouraged to share ideas and suggestions through your use of the App, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the App may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. When you share ideas or suggestions through your use of the App (collectively “Submissions”), you hereby grant us and our designees a worldwide, non-exclusive, fully paid-up, unrestricted, fully sublicenseable, fully transferrable, assignable, royalty-free, perpetual, irrevocable right to copy, use, reproduce, edit, distribute, modify, adapt, create derivative works of, publish, publicly perform, publicly display, transmit, translate and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all embodiments, media and means of communication, now known or hereafter developed. You represent and warrant to us that your Submissions are original to you, that you own or otherwise control all of the rights in your Submissions, or that you have the rights necessary to grant to us the license to your Submissions granted above, and that your Submissions do not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH THE APP.
12. Terms of Service Violations; Termination. You agree that HITN, in its sole discretion, may terminate any account (or any part thereof) you may have through the App or your use of the App, and remove and discard all or any part of your account. You agree that your access to the App or any account you may have or portion thereof may be terminated without prior notice, and you agree that HITN shall not be liable to you or any third-party for any such termination. HITN reserves the right to modify, suspend or discontinue the App and/or access to it at any time and without notice to you, and HITN will not be liable to you should it exercise such rights, even if your use of the App is impacted by the change. These remedies are in addition to any other remedies HITN may have at law or in equity.
13. INDEMNIFICATION; HOLD HARMLESS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HITN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE APP; (II) YOUR CONTENT, INCLUDING HITN’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY HITN. HITN RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF HITN. HITN WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
14. DISCLAIMERS; NO WARRANTIES.
(a) ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 14, AND SECTIONS 15 AND 16 BELOW, THE TERM HITN INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.
(b) NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HITN DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HITN OR THROUGH THE APP, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(c) “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE APP IS AT YOUR SOLE RISK. THE APP, HITN MATERIALS, CONTENT AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
(d) APP OPERATION. HITN DOES NOT WARRANT THAT THE HITN MATERIALS, CONTENT, APP, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE APP OR ANY REFERENCE APPS WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
(e) ACCURACY. HITN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP OR ANY REFERENCE APPS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
(f) HARM TO YOUR DEVICE. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE APP (INCLUDING RSS FEEDS) OR ANY REFERENCE APPS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.
15. LIMITATION OF LIABILITY AND DAMAGES.
(a) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HITN OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE HITN MATERIALS AND CONTENT ON THE APP OR ANY REFERENCE APPS, THE APP ITSELF, OR ANY OTHER INTERACTIONS WITH HITN, EVEN IF HITN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) LIMITATION OF DAMAGES. IN NO EVENT SHALL HITN OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS (USD $100) OR ONE-HALF OF THE ANNUAL FEES PAID BY YOU TO HITN (IF APPLICABLE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.(c) THIRD PARTY PRODUCTS AND SERVICES. SOME USERS MAY USE THE APP TO MARKET PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN HITN AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE APP OR THIRD PARTY APPS, INCLUDING WITHOUT LIMITATION ANY REFERENCE APPS.
16. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
(a) LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
(b) BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT HITN HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HITN, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HITN. YOU ACKNOWLEDGE AND AGREE THAT HITN WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
17. Digital Millennium Copyright Act Compliance.
(a) Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail).(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the App and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the App;(iv) Information reasonably sufficient to permit HITN to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. HITN’s designated Copyright Agent to receive notifications of claimed infringement is:
Office of the General Counsel
HITN
63 Flushing Avenue
Building 292, Suite 211
Brooklyn, NY 11205
legal@hitn.org
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
(b) Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.
We may, at our discretion, deny access to the App by, or disable and/or terminate the accounts of, Users who may be infringers.
(c) Copyright Counter-Notices. If content you posted on the App was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:
1. To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified below
2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.
(d) Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):
1. Identify the specific URLs of (or other information sufficient to allow us to identify) material that HITN has removed or to which HITN has disabled access.
2. Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your HITN account.
3. Provide a statement that you consent to the jurisdiction of the Eastern District of New York and the Federal District Court for the judicial district in which your address is located (if your address is outside of the U.S.A.), and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
Office of the General Counsel
HITN
63 Flushing Avenue
Building 292, Suite 211
Brooklyn, NY 11205
legal@hitn.org
(e) After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the App. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
(f) Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the App is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
(g) Disclaimer: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
18. Miscellaneous.
(a) Notice. HITN may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the App. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless HITN is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide HITN with notices only by mail to the address indicated in subsection (l) below.
(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. The Uniform Computer Information Transactions Act does not apply to these Terms.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the App shall be filed only in the state or federal courts in and for Kings County, State of New York and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. You agree that you will not file or participate in a class action against us. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE APP OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
(d) Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
(e) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of HITN to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
(f) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(g) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HITN without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
(h) No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HITN as a result of these Terms or use of the App. You further acknowledge that by submitting Content or other content, no confidential, fiduciary, contractually implied or other relationship is created between you and HITN other than pursuant to these Terms.
(i) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
(j) Entire Agreement. This is the entire agreement between you and HITN relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with HITN. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by HITN as set forth in Section 3 above. All rights not expressly granted in these Terms are reserved to us.
(k) Disclosures. The services hereunder are offered by Hispanic Information and Telecommunications Network, Inc., located at:
63 Flushing Ave
Building 292 Suite 211
Brooklyn, NY 11205
Copyright © 2018 Hispanic Information and Telecommunications Network, Inc. All Rights Reserved.
