Welcome to herofe.com (the “Site”). These terms and conditions (“Terms”) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site. By accessing or using the Site, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Site.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by herofe.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate herofe.com, a herofe.com employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm herofe.com or users of the Site or expose them to liability.
We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
User Content
The Site may allow you to upload, submit, store, send or receive content, including but not limited to text, images, audio, video, or other materials (“User Content”). You are solely responsible for your User Content and the consequences of posting or publishing it.
By posting or publishing User Content on the Site, you grant herofe.com a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media format and through any media channel. You also grant each user of the Site a non-exclusive license to access your User Content through the Site.
You represent and warrant that: (i) you own or control all rights in and to your User Content, including without limitation, all copyrights, trademark rights, and publicity rights; (ii) you have all necessary permissions and releases to grant the rights granted herein to herofe.com and its users; and (iii) your User Content does not violate any applicable law, regulation, or third-party right, including without limitation any copyright, trademark, privacy right, or publicity right.
We reserve the right, but not the obligation, to review, screen or edit any User Content. We may remove or refuse to post any User Content at any time in our sole discretion, including without limitation if we determine that the User Content violates these Terms.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.
Links to Other Websites
The Site may contain links to third-party websites or resources. We provide these links only as a convenience and do not endorse the content, products, or services on such websites or resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, or content of such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Disclaimer of Warranties
The Site is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the Site or any content in terms of correctness, accuracy, timeliness, reliability, or otherwise.
Limitation of Liability
In no event shall herofe.com, its affiliates, licensors, or service providers, or its or their directors, officers, employees, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with the use or inability to use the Site or its content, or any products or services obtained through the Site, even if advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless herofe.com, its affiliates, licensors, and service providers, and its or their directors, officers, employees, agents, suppliers, or affiliates, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the use of the Site shall be resolved in the state or federal courts located in San Francisco, California, and you hereby consent to the exclusive jurisdiction of such courts.
Waiver and Severability
No waiver by herofe.com of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of herofe.com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and herofe.com with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
Contact Information
If you have any questions or comments about these Terms, please contact us at [email protected].