terms & conditions
Welcome to the Heave Ho! Creative website (the "Website").
Please read the following terms of use ("Terms of Use") before using the Website. By accessing and using the Website, you agree to be bound by all these Terms of Use. If you do not agree with these Terms of Use, your sole recourse is to leave this Website immediately.
Ownership / Restrictions On Use
Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the "Content") contained in this Website are proprietary to us and/or our third-party licensors. The Content is protected by United States and international copyright and trademark laws.
Except as outlined below, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without our express prior written consent. You may download, print and reproduce the Content for your own personal purposes, provided that you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with our prior written permission. To obtain written consent for such reproduction, please contact us at Accounts@HeaveHoCreative.com
Registration & Passwords
To access certain portions of the Website, including without limitation, to upload and submit content, you will be asked to register and create a profile. You must be at least 13 years old to use this Website.
In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
As part of the registration process, you will choose a username and password. You alone are responsible for keeping that password confidential, and you alone are responsible for any and all activity that occurs on this Website under such username. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security relating to the Website.
Code Of Conduct
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial, state and other laws and regulations. In addition, without limiting the foregoing, you agree not to:
upload, post, e-mail or otherwise transmit any material that:
constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party;
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or
contains any form of destructive software such as a virus, worm, Trojan horse or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses;
for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.
The User Conduct section shall be collectively referred to as the "Code of Conduct".
Interactive Pages, Forums, User Submissions, And Copyright Assignment
We may from time to time make pages, discussion forums, message/bulletin boards, and other online areas where users may submit content to the Website (collectively, the "Interactive Pages") available to you, provided that, in connecting to and using such Interactive Pages, you abide by the Code of Conduct, the other conditions of these Terms of Use, and any other rules that may be published from time to time.
We are not responsible for material posted on such Interactive Pages, and will not have any liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We may, but are not obligated to, monitor or review activity and the content of any communications on these Interactive Pages. We reserve the right to terminate the privilege of any user to post on an Interactive Page or to participate in other Website services, if such users violate these Terms of Use and/or the Code of Conduct.
Subject to the terms and conditions of our Website Privacy Statement and to the other conditions contained in these Terms of Use, by submitting any material ("Material") to the Website, including all written materials, photographs, drawings, and video, you grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to use, reproduce, modify, publish, create derivative works from, translate, license, publicly perform and display the Material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, without your prior approval, and you further waive any "moral rights" that you may have in the Material. In addition, by submitting the Material to the Website, you represent and warrant that you own and control all rights in and to the Material and that you have the right to grant the foregoing rights to us. We are not responsible for the content of any submission to the Website. Submissions represent the views and opinions of the person(s) submitting same.
You acknowledge that we may establish general practices and limits concerning use of the Website, including, without limitation, the maximum number of days that e-mail messages, message board postings, or other uploaded content will be retained on the Website. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained on or transmitted by the Website.
Brand Badges
You may be offered the opportunity to disseminate Brand Badges™ into various social networking websites (e.g. Facebook, My Space). Once you have accepted a Brand Badge™ on the Website, and you have sent the badges to a social networking website, the badges cannot be recalled from this Website. They will remain available to other social networking website users to view until you delete them directly through the social network website to which you sent the badge.
Indemnity
You agree to indemnify us and hold us and our employees, agents, and licensors harmless from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any content you (or anyone acting under any password or username that may be issued to you) submit, post, transmit or make available on the Website and/or (b) your (or anyone acting under any password or username that may be issued to you) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.
Linking
The Website may offer you links to other sites on the Internet that are owned and operated by third parties, and therefore not affiliated with us. Please understand that such linked websites are independent from the Website and that we have no control over the content of such websites. Consequently, we cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
The links that we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
We welcome any feedback that you may have concerning the external links that we have placed on our Website.
Disclaimer / Limitation Of Liability
Although we strive to update and keep the content on the Website as accurate as possible, errors and/or omissions may occur.
ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Privacy
We respect your right to the privacy of your personal information. Please review our Website Privacy Statement for details on the manner in which we collect, use, disclose, and otherwise manage your personal information.
Changes & Termination
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, we reserve the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from us to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any content available through the Website, is to stop visiting and using the Website.
Trademarks
All trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
Applicable Laws
These Terms of Use are governed by and construed in accordance with the laws in effect in the State of Delaware, and any dispute is to be submitted to the U. S. District Court for the Northern District of Texas. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between us and you with respect to the use of the Website, including the Content.
Notice
Notices to you may be made via e-mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.
If you have any questions or comments regarding these Terms of Use please contact us at Accounts@HeaveHoCreative.com
Last updated October 1, 2020.