terms and conditions
Welcome to Hertaste. This outlines the Terms of or what we will refer to as 'Terms' which ensure that Hertaste is a safe, friendly and useful community.
Hertaste ("we" or "us" or "our") provides an interactive website (or "site" or "the site")
And, "you" or "your" means a user of the site acting independently.
1. Acceptance of Terms
By using the Site, you agree to these Terms plus all operating instructions, guidelines, and policies that may be published from time to time on the Site. If you don't agree to these Terms, then don't use the Site.
2. Changes in Terms
We may modify the Terms or terminate our services at any time, for any reason, and without notice and without liability to you or any third party. So please check back periodically to stay aware of changes, then there will be no surprises. Your continued use of the Site following the posting of any changes to these Terms signifies your acceptance of the changes.
3. Age Requirement
The Site is not directed or intended for children (i.e., those under eighteen years of age). Any reference to consumption of alcohol assumes someone is of age or referring to a drink they might like to try in the future but have never consumed.
4. User-Posted Content (not including images)
While we encourage you to post your questions, profiles and reviews, some content isn't appropriate for the Site, including, but not limited to, sexually- explicit, racist, or vulgar content, or links to illegal or counterfeit items. While we have no obligation to monitor use of the Site, we do reserve the right to review, modify and/or remove content as we see necessary (for example, content deemed offensive, content considered irrelevant, or content found to be illegal).
The material on the Site represents the advice, views, opinions or beliefs of users and panelists. These are not necessarily opinions of Hertaste and we make no claim as to the accuracy of any material posted on the Site. The Site is a forum for our members and panelists to post their thoughts and opinions about style. Your preferences may differ from ours, or those of other members or of panelists.
Your username, and as you choose, any items or information you add to the Site, messages and comments you post in a Hertaste forum, blog, message board, or in chat room are visible to the general public. Hertaste is not responsible for the manner or circumstances by which third parties may access such public content and is under no obligation to disable or otherwise restrict this access, although we reserve the right to do so when we deem appropriate. By posting such items, information, and comments in a public area, you are granting permission to us to use, display, modify, distribute and otherwise exploit such items, information, and comments in connection with the Site and otherwise in connection with our business.
5. Model Release of Images
By accepting the terms and conditions, you hereby give the Site and any third parties with whom we conduct business your permission to license any Images (includes photos of you and your appearance, likeness in any form you deliver to the Site) and to use the Images in any Media (including digital, electronic, print, television, film and other media now known or to be invented) for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. You agree that the Images may be combined with other images, text and graphics, and cropped, altered or modified. You acknowledge and agree that you have consented to publication of your ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with Images of you by the Site and/or third parties with whom we conduct business for descriptive purposes. You agree that you have no rights to the Images, and all rights to the Images belong to the site and any third parties with whom we conduct business. You acknowledge and agree that you have no right to monetary compensation or accounting of any kind, and that I will make no claim for any reason to site and/or third parties with whom we conduct business. You acknowledge and agree that this release is binding upon your heirs and assigns. You agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the state of Massachusetts. You represent and warrant that you are at least 18 years of age and have the full legal capacity to execute this release by agreeing to our terms of service. If you wish to prevent the use of your Image on the site or by any third party with whom we conduct business, we will make the request on your behalf or authorize you to do so, but make no guarantees.
6. Links to Third-Party Sites
Please make sure that you are not prohibited from linking to a third-party site before posting a link on the Site. Though it is a World Wide Web, not everyone wants to be so connected.
Also, please keep in mind that the sites displayed on the Hertaste website are added by other users and that Hertaste is not obligated to screen such links or their content before they are added to the Site. The linked websites' content, business practices and privacy policies (as well as those of websites that include links to the Hertaste website) are not under our control, and therefore, Hertaste is not responsible for the accuracy, legality, appropriateness, availability of products or services or other aspect of the content or function of such websites.
7. Your Conduct on the Site
The Site is an online community that exists for the enjoyment of its users. By joining such community, you agree, without limitation, not to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage another person's computer, our Site, or any software or hardware, or telecommunications equipment;
Transmit surveys, contests, pyramid schemes, spam or chain letters;
Upload, post, submit or otherwise distribute or facilitate distribution of any content that infringes any patent, trademark, copyright, right of publicity or other right of any party;
Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
Impose an unreasonably large load on the Hertaste computing, storage or communications infrastructure, or attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or otherwise;
Interfere with or disrupt our Site, servers, or networks;
Harvest or collect any information from the Site, collect or store personal information about other end users;
Impersonate any person or entity, including any employee or representative of Hertaste, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Use the Site to engage in any activity or for any other purpose not reasonably intended by Hertaste;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site; or
Engage in any illegal activities.
8. Trademarks
Hertaste, the Hertaste logo and the Site design are trademarks or trade dress of Hertaste, and may not be used without express written permission from Hertaste. All other trademarks not owned by Hertaste that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hertaste
9. Copyright policy
See copyright policy
10. RSS Feeds and APIs
Hertaste may provide access to portions of the Site via RSS and/or OPML feeds and an API; for the purpose of these Terms, such access constitutes use of the Site. You may not use these or any other features to reproduce or allow the display of a substantial portion of the Site.
Hertaste expects that you will use these features respectfully, and we reserve the right to take appropriate measures in response to any use we deem abusive.
Attribution to Hertaste must be displayed in connection with your use of these features. Please note that Hertaste reserves the right to change these features, to require you to cease distributing these feeds or to disable access to the feeds and API at any time for any or no reason.
11. Termination
Hertaste grants you a limited license to access the Site and use it in accordance with these Terms and the instructions, guidelines and policies posted on the Site. If you wish to terminate your account with Hertaste, you may simply discontinue using the Site. We reserve the right to terminate our license to you to use the Site at any time; though we hope we never need to do so.
12. Redistribution and Republication
If you want to make commercial use of the Hertaste Site information or service, you must enter into an agreement with Hertaste to do so in advance. So, please do not recreate anything from Hertaste on your website or publication without prior, written consent from Hertaste.
13. No Warranty
Given the nature of the Site, we can't be responsible for either the use or the inaccessibility of the Site or services. Here's the legal information: HERTASTE PROVIDES THE SITE, THE SERVICES, PRODUCTS, AND ALL INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE (THE "CONTENT") "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. HERTASTE SPECIFICALLY AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FURTHERMORE, HERTASTE DOES NOT WARRANT THAT: CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE, OR CORRECT; THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THE RESULTS OF USING THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS. Please note that some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
14. Limitation of Liability
You understand and agree that you use the Site and services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Here are the legal terms: UNDER NO CIRCUMSTANCES SHALL HERTASTE OR ITS AFFILIATES BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF, DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS AND COST OF PROCURING SUBSTITUTE TECHNOLOGY OR SERVICES, WHETHER OR NOT HERTASTE OR ITS AFFILIATES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOUR SOLE RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE SITE OR SERVICES OR WITH HERTASTE SHALL BE TO TERMINATE YOUR USE OF THIS SITE AND SERVICES. Please note that some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
Without limiting the foregoing, under no circumstances shall Hertaste or its affiliates be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms supersede any previous agreement and represent the entire agreement between Hertaste and you with respect to the Site. These Terms are governed by the laws of the State of Massachusetts without reference to conflict of laws principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site shall be filed only in the state or federal courts located in Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any provision of these Terms is adjudged illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. These Terms are personal to you, and are not assignable, transferable or otherwise able to be sub-licensed by you except with prior written consent from Hertaste.
Hertaste may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications to any provision of these Terms must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees. Let's not go there.
15. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Hertaste.
16. Notices
Except as explicitly stated otherwise, any notices must be sent to Hertaste in English at the e-mail address below:
[email protected]
|
