By using the Huddle Hero website at www.huddlehero.com ("Site") and/or the Huddle Hero service made available for use with your iOS device or through the Site ("Service"), you ("you" or the "End User") agree to the terms and conditions (the "Terms of Service" or "Agreement") that we, Huddle Hero LLC ("Huddle Hero," "we," or "us") have provided.
These Terms of Service govern your access to and use of the Site and Service provided by Huddle Hero. PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICE OR SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THE SERVICE OR SITE.
The Huddle Hero iOS mobile application is licensed to you under the terms of the Licensed Application End User License Agreement, not the terms of this Agreement. In the event of a conflict or inconsistency between the terms of the Licensed Application End User License Agreement and the terms of this Agreement, the terms of this Agreement will take precedence and govern.
HUDDLE HERO PROVIDES ALL INFORMATION ON THE SERVICE AND SITE FOR INFORMATIONAL PURPOSES ONLY. HUDDLE HERO DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS RELATING TO SUCH INFORMATION.
To use the Service, you must create a user account ("Account"). You may link this Account to your account with a third party service ("Third Party Account"), such as Facebook or Google, in which case we will import your profile information from your Third Party Account to help create your Account and to enable you, if available, to login to the Service using your Third Party Account login credentials. We may require you to enter additional information to complete the creation of your Account. Your Third Party Account is provided by the applicable third party service, not us, and subject to that third party service's separate terms and conditions. You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and therefore you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure.
You will not:
You hereby grant Huddle Hero an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use (a) your Public Content in any manner and for any purpose and (b) your User Content for the purposes of providing you and other users the Service. "User Content" means any and all input content and information that a user submits to, posts on, or makes available to the Service, including Shared Content but excluding Public Content. "Public Content" means any and all messages, comments, and other content and information that a user submits to, posts on, or makes available to the Public Areas. You represent and warrant that: (a) you have the right to grant the foregoing license and to post and submit the User Content and Public Content; and (b) the User Content and Public Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content and Public Content.
You represent, warrant, and agree that:
If you violate the guidelines listed above, any other user guidelines posted on the Service or Site, the terms of this Agreement, or if Huddle Hero believes that any of your conduct or content is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for Huddle Hero or third parties, Huddle Hero reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing such content from the Service, notifying the appropriate authorities regarding the source of such content, barring you from accessing the Service, and terminating your Account.
Subject to the terms and conditions of this Agreement, Huddle Hero grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and Site solely for your personal, non-commercial purposes during the term of this Agreement.
You will not:
Huddle Hero and its licensors own the Service, the Site, all content (except for your User Content and Public Content) contained in the foregoing, and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Service, the Site, or any other content (except for your User Content and Public Content) contained in the foregoing is strictly prohibited. Huddle Hero and its licensors reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement.
Huddle Hero will treat any suggestions, comments, or feedback relating to Huddle Hero's business, services, and products ("Feedback") that you provide as non-confidential and non-proprietary. You hereby grant Huddle Hero the irrevocable, worldwide, fully transferable and sublicensable right to use and exploit any Feedback that you provide in any manner and for any purpose without any obligation to compensate you.
Huddle Hero reserves the right, from time to time, to suspend, modify, or discontinue the Service or the Site, in whole or in part, with or without notice. You agree that Huddle Hero will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Service or the Site, in whole or in part.
You may terminate your Account at any time and for any reason through the appropriate account management page on the Service, if available, or by sending an e-mail to email@example.com. Huddle Hero has the right to terminate your Account, immediately effective upon sending notice to you at the email address you provide in your Account. Upon termination of your Account by either party, your right to access and use your Account and the Service will terminate immediately. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or related to our termination of your Account, your access to and use of the Service, or this Agreement. Even after this Agreement is terminated for any reason, the following provisions of this Agreement will remain in effect: Sections 1, 4.2 and 7 through 17.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, HUDDLE HERO PROVIDES THE SERVICE AND THE SITE "AS-IS" AND "AS AVAILABLE" AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. HUDDLE HERO MAKES NO WARRANTY THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. HUDDLE HERO DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SERVICE OR THE SITE. HUDDLE HERO DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE OR THE SITE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, (a) HUDDLE HERO WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOST PROFITS, OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, THE SITE, OR THIS AGREEMENT, EVEN IF HUDDLE HERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AND (b) HUDDLE HERO'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICE, THE SITE AND THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL HUDDLE HERO’S SUPPLIERS HAVE ANY LIABILITY UNDER OR RESULTING FROM THIS AGREEMENT.
You agree to indemnify and hold Huddle Hero, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney's fees, arising out of or relating to your: (a) User Content or Public Content; (b) use of the Service or Site; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of applicable laws or any of the rights of third parties.
You are solely responsible for your interactions with other users. Huddle Hero reserves the right, but has no obligation, to monitor, or take any action Huddle Hero deems appropriate regarding, disputes between you and other users. To the extent permitted under applicable laws, you hereby release Huddle Hero from any and all claims or liability related to: (a) any content posted on the Service or Site by you or other users; or (b) the conduct, whether online or offline, of any other user.
You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You may not post, distribute, or reproduce in any way any Huddle Hero copyrighted material, trademarks, or other proprietary information unless you have the right to do so. It is Huddle Hero's policy to, in its sole discretion, terminate the Account of any user who repeatedly infringes copyright rights of Huddle Hero or third parties. If you believe that your work has been copied and posted on the Service or Site in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512. At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Site or Service of the material that you claim is infringing; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Huddle Hero's Copyright Agent for notice of claims of copyright infringement can be reached by writing the following:
Huddle Hero, Attn: Copyright Agent, 680 Oak Street, Unit B, San Francisco, CA 94117
Huddle Hero is located at 680 Oak Street, Unit B, San Francisco, CA 94117. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The communications between you and Huddle Hero use electronic means, whether you use the Service or Site or send us emails, or whether Huddle Hero posts notices on the Service or Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Huddle Hero in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Huddle Hero provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
This Agreement, and any claim, dispute or controversy relating to this Agreement, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this Agreement must be brought in a federal or state court located in San Francisco, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that: (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) Huddle Hero may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
"Huddle Hero", "huddlehero", "HuddleHero", "Less Work, More Play", and other names, slogans, graphics, logos, and trade names used on the Service and Site are the trademarks of Huddle Hero and may not be used without Huddle Hero's permission. Third-party trademarks, service marks, and trade names that may appear on the Service or Site are the property of their respective owners. Copyright © 2013, Huddle Hero.