Terms of Service

Last Updated: November 14, 2017

HIP Projects’ services are provided by HIP Projects LLC, a Maryland limited liability company, and/or its affiliates (collectively “HIP Projects”). These terms of service (“Terms”) govern your access to and use of our desktop site, mobile site, emails, and/or any other platform (collectively, the “Services”). By using the Services, you are agreeing to these Terms. You agree that your access to or use of the Services is governed by these Terms in effect at the time of your access to or use of the Services. Please read these terms carefully, and feel free to contact us in the event that you have any questions.

TABLE OF CONTENTS

1. Using the Services
2. User Accounts
3. User Content
4. Restrictions
5. Other Guidelines and Policies
6. Third Party Links, Sites and Services
7. Indemnity
8. Disclaimers
9. Limitation of Liability
10. Arbitration
11. Choice of Law; Venue
12. General Terms

1. Using the Services

No one under age 13 is allowed to create an account or use the Services. You may access and use the Services only if you can form a binding contract with us, meaning that if you are between ages 13 and 17, inclusive, your parent and legal guardian has reviewed and accepted these Terms. You may access or use the Services only in accordance with these Terms and applicable law. If you establish an account, if applicable, on behalf of a company, organization, or other entity, then (i) “you” includes you and such entity, and (ii) you represent and warrant that you are authorized to agree to these Terms.

Your use of the Services is at your sole risk, including without limitation the risk that you might be exposed to content which is inappropriate. Our Services may be modified, updated, interrupted, suspended or discontinued in our sole discretion, at any time, for any reason, without notice or liability.

2. User Accounts

In order to use some of the features of the Services, you may need to create an account and provide certain personal information. In creating your account, you agree to provide complete and accurate personal information. You are responsible for maintaining the confidentiality of your account and for all activities in which you engage while using your account. You agree to contact us immediately if you suspect or become aware of any unauthorized use of your account. We reserve the right to close your account in our sole and absolute discretion.

3. User Content

a. Responsibility for User Content. Anything you post of otherwise make available when using the Services is referred to herein as “User Content”. When posting User Content, you must follow the Community Guidelines. You are solely responsible and liable for, and assume all risks associated with, your User Content. You represent and warrant that you own or are expressly authorized to post your User Content. You may not indicate, expressly or implicitly, that any of your User Content is sponsored or endorsed by us.

b. We and Others May Use Your User Content. You grant us and our users an irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, maintain, display, reproduce, promote, alter, create derivative works, and/or distribute your User Content. You irrevocably waive against us and our users any claims and assertions of rights of attribution with respect to your User Content. We reserve the right to remove or modify User Content in our sole discretion and for any reason.
c. Ownership of User Content. You own your User Content, and we own all content that we create and make available via our Services. You may not use our content in any way except as expressly authorized by us.

d. Advertising. Our Services may include publicly displayed, paid advertisements together with your User Content. You do not have the right to receive any compensation for such advertisements, and we have sole control over the time, place and manner of such advertisements.

4. Restrictions

If you believe that a user has violated these Terms, please contact us and describe the alleged violation. We reserve the right to enforce these Terms in our sole and absolute discretion. You are responsible for any mobile charges that you may incur for using our Services.

You expressly agree not to, and will not assist or encourage anyone else to: (i) violate our Community Guidelines, (ii) violate these Terms, (iii) take any action which may negatively affect us, other users, or the use or operation of the Services.

5. Other Guidelines and Policies

You represent and warrant that you have read and understood, and where applicable agree to abide by, all of the guidelines and policies made available in connection with the Services, and you agree to frequently review these Terms and all such guidelines and policies so that you will be aware of any modifications thereto.

6. Third Party Links, Sites and Services

Our Services may contain links to third-party sites, advertisers, services and other things that are not owned, controlled, or endorsed by us. Your use of such links is at your sole risk, and we are not responsible for your access to any third-party website, service or content.

7. Indemnity

You agree to indemnify, defend and hold HIP Projects, its parents, subsidiaries, affiliates, service providers, suppliers, licensors and partners, and the officers, members, managers, directors, employees, agents and representatives of each of them (collectively, the “HIP Projects Entities”) harmless, including without limitation costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or related to (i) your access to or use of our Services, (ii) your violation of these Terms, and/or (iii) the infringement by you, or any third party using your account, of any intellectual or other rights of any person or entity. We reserve the right, at your sole cost and expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of any such claims. You may not settle any such matter without the prior written consent of HIP Projects, which may be granted or withheld in HIP Projects’ sole and absolute discretion.

8. Disclaimers

THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE BASIS”, WITH THE EXPRESS UNDERSTANSING THAT THE HIP PROJECTS ENTITIES MAY NOT SCREEN, MONITOR OR CONTROL USER CONTENT. THEREFORE, YOUR USE OF OUR SERVICES IS AT YOUR SOLE AND ABSOLUTE RISK AND DISCRETION. THE HIP PROJECTS ENTITIES MAKE NO CLAIMS OR GUARANTEES ABOUT THE ACCURACY, QUALITY, OR RELIABILITY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION THE CONTENT AVAILABLE ON OUR SERVICES. THE HIP PROJECTS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HIP PROJECTS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA OR ANY INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF, OR INABILITYTO ACCESS OR USE, THE SERVICES, (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATED TO THE SERVICES, OR (c) UNAUTHORIZED ACCESS, USE OR MODIFICATION OF YOUR SUBMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY HIP PROJECTS ENTITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

10. Arbitration

For any dispute you have with us, you agree to first contact us and try to resolve the dispute with us without pursuing legal action. If we are unable to resolve the dispute with you informally, we each agree to resolve any claim or dispute (excluding claims for equitable relief) arising out of or related to these Terms by binding arbitration conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as set forth herein. The arbitration will be conducted in Montgomery County, Maryland, United States, unless you and HIP Projects agree otherwise. The award issued by the arbitrator shall include the costs of arbitration, reasonable attorneys’ fees and reasonable witness costs. Any judgment may be entered in any court of competent jurisdiction. This Section shall not prevent either party from seeking equitable relief from the courts for matters related to intellectual property, information security or unauthorized access to or use of the Services.

ANY CLAIM BROUGHT BY A PARTY MUST BE IN SUCH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAITIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS HIP PROJECTS EXPRESSLY AGREES OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON.

WE EACH KNOWINGLY AND INTELLIGENTLY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION PROCEEDING.

11. Choice of Law; Venue

The laws of the State of Maryland will govern these Terms, as well as any claim or dispute which may arise in connection with your use of the Services, without regard to conflict of law provisions. We each agree to submit to the personal jurisdiction of a state court located in Montgomery County, Maryland or the United States District Court for the District of Maryland, for any actions not subject to Section 10 above.

12. General Terms

1. In the event of any termination of these Terms, Sections 3, 4, and 6 through 12 will continue in full force and effect.
2. Except as stated in Sections 3(b) and 7 through 9 above, nothing herein is intended, nor shall be deemed, to confer rights or remedies to any third party.
3. These Terms contain the entire agreement between you and us regarding the use of the Services.
4. A party’s failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
5. If any provision of these Terms is held invalid or unenforceable, the other provisions of these Terms will remain in full force and effect. Any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
6. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation of these Terms shall automatically be null and void.
7. Section titles are for convenience only and have no legal force or effect.

INFRINGEMENT POLICY

Last Updated: November 14, 2017

If you believe that your copyright or trademark is being infringed upon, please contact us and include the following information:

1. Identification of the copyrighted or trademarked work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us or our service provider(s) to locate the material (for example, the URL for the web page on which the allegedly infringing content appears);
3. A statement by you that you have a good faith belief that the use of the allegedly infringing content identified by you is not authorized by the intellectual property owner, its/his/her agent, or applicable law;
4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on behalf of the intellectual property owner;
5. Your physical or electronic signature; and
6. Information reasonably sufficient to contact you, such as a mailing address and telephone number, and, if available, email address.

The information you provide may be forwarded to the user, if any, who submitted the allegedly infringing content.

Please do not make false infringement claims, as a person who knowingly materially misrepresents that content is infringing may be subject to liability for damages.

We reserve the right to remove allegedly infringing content without prior notice and in our sole and absolute discretion. In addition, we may restrict or terminate a user’s account, if any, if the user is determined to be an infringer.