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HDBI reserves the right, at its sole discretion, to modify, discontinue or terminate the Service at any time. We may also modify these Terms of Service. Please refer to the “Last Updated Date” in these Terms of Service for the date these Terms were last updated. By continuing to access or use the Service after we have posted a modification to these Terms of Service, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Service.
Eligibility and Access
The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. If you are 13 years of age but under 18, you may use the Service but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
HDBI Content and Ownership
Certain types of content are made available through the Service. “HDBI Content” means the SOFTWARE or other content, including without limitation the HDBI trademarks or any third party trademarks, technology, and copyrighted works, made available through the Service, which are owned by or licensed to HDBI, but excluding User Submissions. The Service and HDBI Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, HDBI and its licensors exclusively own all right, title and interest in and to the Service and HDBI Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or HDBI Content.
“User Submissions” means any content, including without limitation, any text, data, graphics, images, photos, video or audio content, hypertext links and any other information uploaded, transmitted or submitted by Users to or via the Service. HDBI does not claim any exclusive ownership rights in any User Submissions and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Submissions. If you provide User Submissions through the Service you grant HDBI a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right to license, sublicense, use, copy, adapt modify, distribute, publicly display, publicly perform, transmit, broadcast and otherwise exploit such User Submissions in any media or by any method. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Service. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all User Submissions; and (ii) neither the User Submissions nor HDBI’s use of the User Submissions (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, contract rights, or result in the violation of any applicable law or regulation.
Copyrighted Materials: No Infringing Use
You will not use the Service in any way that violates the intellectual property rights of any third party. HDBI shall, under appropriate circumstances, terminate the accounts of Users who infringe, are believed to have infringed or are charged with infringement of the rights of copyright holders more than once. In particular, if you are a copyright owner or an agent thereof and believe that any content in connection with the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) at. Interactions between Users You are solely responsible for your interactions (including any disputes) with other Users of the Service. Your use of the Service and HDBI Content and any other content made available through the Service is at your sole risk and discretion and HDBI hereby disclaims any and all liability to you or any third party relating thereto. HDBI reserves the right to contact HDBI Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with HDBI to investigate any suspected unlawful, fraudulent or improper activity via the Service.
In the event you purchase a SOFTWARE license or other HDBI Content, HDBI uses a third party provider to process all payments. You agree to provide complete and accurate payment information and further agree to any terms and conditions of such third party payment provider. In the case of refusal of payment, your access to the SOFTWARE or other HDBI Content will be denied. HDBI cannot be responsible for the processing of any payments via the Service and Users shall contact the third party payment provider directly with any questions or concerns regarding payments. Users may contact HDBI for other inquiries relating to refunds and returns of SOFTWARE license purchases. Information and rules regarding purchase options can be found at (“Payment Options”), which is incorporated herein by reference. Disclaimers THE SERVICE, HDBI CONTENT, SOFTWARE, AND USER SUBMISSIONS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HDBI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, NON-INTERRUPTION, PERFORMANCE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
You agree to defend, indemnify, and hold HDBI, its officers, directors, employees, agents, and third party licensors, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Submissions, your access to or use of the Service or HDBI Content, or your violation of these Terms of Service.
Limitation of Liability
IN NO EVENT WILL HDBI, ITS AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, SOFTWARE, USER SUBMISSIONS, OR HDBI CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. UNDER NO CIRCUMSTANCES SHALL HDBI’S TOTAL LIABILITY UNDER THIS AGREEEMENT EXCEED $10. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. You agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Massachusetts.
Any notices or other communications required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (x) by HDBI via email if applicable (in each case to the address that you provide); or (y) by posting to the Service. General The waiver of any such right or provision will be effective against HDBI only if in writing and signed by a duly authorized representative of HDBI. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be severed and reinterpreted so as to be enforceable to the maximum extent permissible in order to reflect the original intent of the parties and the other provisions of these Terms of Service will remain in full force and effect. YOU MUST SUBMIT ALL CLAIMS MUST WITHIN A YEAR OF THE DATE OF OCCURRENCE OR ELSE THEY ARE WAIVED BY YOU. Contacting Us If you have any questions about these Terms of Service, please contact HDBI at [email protected]