HUSKY MEDIA - TERMS OF SERVICE
Heavy Inc. d/b/a "Husky Media" ("HEAVY") operates websites, including, but not limited to, www.huskymedia.com ("HUSKY MEDIA") and provides their services therein to you, subject to your agreement to abide and be bound by these Terms of Service ("Terms of Service"). These Terms of Service set forth the terms, conditions, rules and regulations which shall apply to your use of HUSKY MEDIA. Unless explicitly stated otherwise, any new feature that supplements or enhances the current HUSKY MEDIA sites or services, shall be subject to these Terms of Service. You understand and agree that HUSKY MEDIA is provided "AS IS" and WITHOUT WARRANTIES, and that HEAVY assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
A. AGREEMENT
By accessing HUSKY MEDIA, you are entering into an agreement with HUSKY MEDIA, and accept and agree to be bound by each and all of these Terms of Service. HEAVY may amend, alter and update these Terms of Service, at any time and without notice to you, by posting the amended terms or new Terms of Service on this web site. The amended terms or new Terms of Service shall become effective immediately and automatically upon posting, and you agree to be bound by such amended terms and new Terms of Service.
B. YOUR OBLIGATIONS
In addition to your other obligations under these Terms of Service and in consideration of your use of HUSKY MEDIA, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the HUSKY MEDIA registration form or when otherwise requested, and (ii) maintain and promptly update such personal information to keep it true, accurate, current and complete. If you provide any personal information that is untrue, inaccurate, not current or incomplete, or HUSKY MEDIA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HUSKY MEDIA has the right to suspend or terminate your account and refuse any and all current or future use of HUSKY MEDIA, or any portion thereof.
C. PRIVACY POLICY
Personal information about you is subject to our privacy policy. For more information, please see our full privacy policy.
D. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you register on HUSKY MEDIA, you will receive a HUSKY MEDIA password and identification upon completing the HUSKY MEDIA registration process for the services portion of HUSKY MEDIA. You are responsible for maintaining the confidentiality of the HUSKY MEDIA identification and password and are fully responsible for all activities that occur under your password. You agree to (i) immediately notify HUSKY MEDIA of any unauthorized use of your HUSKY MEDIA password or identification or any other breach of security, and (ii) ensure that you exit from your HUSKY MEDIA identification at the end of each session. HUSKY MEDIA cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
E. CONDUCT
You agree to not use HUSKY MEDIA to: (i) upload, post, e-mail or otherwise transmit any 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; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a HEAVY official, or falsely state or otherwise misrepresent your affiliation with a person or entity;(iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the HUSKY MEDIA; (v) upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights ("Intellectual Property Rights") of any party; (vii) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (viii) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of HUSKY MEDIA are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (x) interfere with or disrupt HUSKY MEDIA or its servers or networks connected to HUSKY MEDIA, or disobey any requirements, procedures, policies or regulations of networks connected to HUSKY MEDIA; (xi) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (xii) "stalk" or otherwise harass another; or (xiii) collect or store personal data about other users. You acknowledge that HEAVY does not pre-screen content, but that HEAVY and its designees shall have the right, but not the obligation, in their sole discretion to refuse or move any content that is available via HUSKY MEDIA. Without limiting the foregoing, HEAVY and its designees shall have the right to remove any Content (as defined below) that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that HEAVY may preserve content and may also disclose content if required to do so by law or if such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of HUSKY MEDIA, its users and the public. You understand that the technical processing and transmission of HUSKY MEDIA, including your content, if any, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
F. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
I. INDEMNITY
You agree to indemnify and hold harmless HEAVY, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, and its successors, licensees and assigns from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content you submit, or transmit through HUSKY MEDIA, your use of HUSKY MEDIA, your connection to HUSKY MEDIA, your violation of the Terms of Service, or your violation of Intellectual Property Rights, or any other rights of another.
J. NO RESALE OF HEAVY SERVICES
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of HUSKY MEDIA, use of HUSKY MEDIA, or access to HUSKY MEDIA.
K. MODIFICATIONS TO HUSKY MEDIA SERVICES
HEAVY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, HUSKY MEDIA (or any part thereof) with or without notice. You agree that HEAVY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the HUSKY MEDIA.
L. TERMINATION BY HEAVY
You agree that HEAVY, in its sole discretion, may terminate your HUSKY MEDIA identification, password, membership (or any part thereof) or use of HUSKY MEDIA, and remove and discard any content within HUSKY MEDIA, for any reason, including, without limitation, for lack of use or if HEAVY believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. HEAVY may also in its sole discretion and at any time discontinue providing HUSKY MEDIA, or any part thereof, with or without notice. You agree that any termination of your access to HUSKY MEDIA under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that HEAVY may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or HUSKY MEDIA. Further, you agree that HEAVY shall not be liable to you or any third- party for any termination of your access to HUSKY MEDIA.
M. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through HEAVY, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HEAVY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on HEAVY.
N. LINKS
HEAVY may provide, or third parties may provide, links to other internet sites or resources. Because HEAVY has no control over such sites and resources, you acknowledge and agree that HEAVY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HEAVY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
O. HEAVY's PROPRIETARY RIGHTS
You acknowledge and agree that HEAVY and any necessary software used in connection with the HUSKY MEDIA ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through HUSKY MEDIA is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HEAVY, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on HUSKY MEDIA or the Software, in whole or in part. HEAVY grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not, and do not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to HUSKY MEDIA. You agree not to access HUSKY MEDIA by any means other than through the interface that is provided by HEAVY for use in accessing the HUSKY MEDIA.
P. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF HUSKY MEDIA IS AT YOUR SOLE RISK. HEAVY IS ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEAVY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (ii) HEAVY MAKES NO WARRANTY THAT (a) HUSKY MEDIA WILL MEET YOUR REQUIREMENTS, (b) HUSKY MEDIA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HUSKY MEDIA WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH HUSKY MEDIA WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HUSKY MEDIA IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEAVY OR THROUGH OR FROM HEAVY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Q. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEAVY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEAVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE HUSKY MEDIA; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM HUSKY MEDIA; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON HUSKY MEDIA; OR (v) ANY OTHER MATTER RELATING TO HUSKY MEDIA.
R. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
S. NOTICES
Notices to you may be made via either e-mail or regular mail. HEAVY may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on HUSKY MEDIA.
T. TRADEMARK INFORMATION
HEAVY's logos, trademarks and service marks, and other Heavy Inc. logos and product and service names are trademarks of HEAVY (the "HEAVY Marks"). Without HEAVY's prior permission, you agree not to display or use in any manner, the HEAVY Marks.
U. COPYRIGHTS and COPYRIGHT AGENTS
HEAVY respects the Intellectual Property of others, and HEAVY asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HEAVY the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and e-mail address; (v) a 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; (vi) 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. Any claims of copyright infringement on HUSKY MEDIA can be sent to info@heavy.com.
V. GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and HEAVY, governs your use of HUSKY MEDIA and supersedes any prior agreements between you and HEAVY. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and HEAVY shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and HEAVY agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of New York. The failure of HEAVY to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of HUSKY MEDIA or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
W. VIOLATIONS
Please report any violations of the Terms of Service.