Terms of Use

Agreement between user and HenrieMedia.com

The henriemedia.com website is comprised of various web pages operated by Henrie Media Inc. (“HMI”) , a Utah corporation. The HMI website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (these “Terms and Conditions”). Your use of the HMI website constitutes your agreement to all such terms, conditions, and notices.

Modification of these terms of use

HMI reserves the right to change the terms, conditions, and notices under which the HMI website is offered, including but not limited to the charges associated with the use of the HMI website.

Web Hosting Terms of Use

Web hosting customers should also review our Web Hosting Terms of Use.

Links to third party sites / Third party services

The HMI website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of HMI and HMI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HMI is not responsible for webcasting or any other form of transmission received from any Linked Site. HMI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HMI of the site or any association with its operators.

Certain services made available via henriemedia.com are delivered by or through third party sites and organizations. By using any product, service or functionality originating from the henriemedia.com domain, you hereby acknowledge, agree and consent that HMI may share such information and data with any third party with whom HMI has a contractual relationship as may be necessary or appropriate to provide any product, service or functionality you may request.

No unlawful or prohibited use

As a condition of your use of the HMI website, you warrant to and covenant with HMI that you will not use the HMI website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HMI website in any manner which could damage, disable, overburden, or impair the HMI website or interfere with any other party’s use and enjoyment of the HMI website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HMI websites.

THE DOCUMENTS, LETTERS, ARTICLES AND ALL OTHER CONTENT FOUND ON THE HMI WEBSITE (“HENRIE MEDIA CONTENT”) ARE PROTECTED BY COPYWRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. HENRIE MEDIA CONTENT IS NOT FOR RESALE. YOUR USE OF THE HMI WEBSITE DOES NOT ENTITLE YOU TO RESELL ANY HENRIE MEDIA CONTENT. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE HMI WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE HENRIE MEDIA CONENT WITHOUT THE EXPRESS WRITTEN CONSENT OF HMI.

Use of communication services

The HMI website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

HMI has no obligation to monitor the Communication Services. However, HMI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HMI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

HMI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HMI’s sole discretion.

You agree to always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HMI does not control or endorse the content, messages or information found in any Communication Service and, therefore, HMI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HMI spokespersons, and their views do not necessarily reflect those of HMI.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HENRIE MEDIA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HENRIE MEDIA INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HENRIE MEDIA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE HENRIE MEDIA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

HMI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS CONTAINED ON THE HENRIE MEDIA WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HMI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HMI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HENRIE MEDIA WEBSITE, WITH THE DELAY OR INABILITY TO USE THE HENRIE MEDIA WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HENRIE MEDIA WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HENRIE MEDIA WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HMI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HENRIE MEDIA WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HENRIE MEDIA WEBSITE.

Service Contact: support@henriemedia.com

Termination/access restriction

HMI reserves the right, in its sole discretion, to terminate your access to the henriemedia.com website and the related services or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, these Terms and Conditions are governed by the laws of the State of Utah, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Utah, U.S.A. in all disputes arising out of or relating to the use of the henriemedia.com website. Use of the henriemedia.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HMI as a result of these Terms and Conditions or use of the henriemedia.com website. HMI’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of HMI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the henriemedia.com website or information provided to or gathered by HMI with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and HMI with respect to the henriemedia.com website and your use thereof, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HMI with respect to the henriemedia.com website. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English.

Copyright and trademark notices

Trademarks

Henrie Media™ is a trademark of Henrie Media Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Notices and procedure for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to HMI’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Effective Date

The effective date of this Policy is October 10, 2010.