Welcome to HIDIVE.COM (the “Website”). The Website is owned and operated by HIDIVE, LLC and/or its affiliates (“HIDIVE”). We provide website features and other products and services to you when you visit and/or use this Website, our other websites, our features and pages on third-party social-networking services, our applications for computers and mobile devices, or use software provided by us in connection with any of the foregoing (collectively, the “Services”). We provide Services subject to the following conditions.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
- YOUR RIGHTS. On the condition that you comply with all your obligations under these Terms, we grant you a limited, revocable, nonexclusive, non-assignable, nontransferable, non-sublicenseable license and right to access the Services in accordance with these Terms.
- RELATED SERVICES; ADDITIONAL TERMS MAY APPLY. From time to time, we may offer a number of related Services. Related services may include computer and mobile applications we provide, email communication services we provide, chat functionality, social interaction features and other features and services. Additional terms may apply to those related services and, when they do, those additional terms supplement these Terms. When you use those related services, you also will be subject to the guidelines, terms and agreements applicable to those related services (“Service Terms”). If these Terms are inconsistent with the Service Terms, the Service Terms will control.
- REGISTRATION. In order to access some features of the Website, you may be required to register and to select a password and user name, which shall consist of an email address you provide (“User ID”). You may also be required to supply specific information, responses and consents as part of your registration process. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel, a User ID in our discretion.
- SECURITY. You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Website shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session. Your account is personal to you unless we expressly agree in writing otherwise. Account sharing, account transfers and similar activities are not permitted.
- OWNERSHIP OF MATERIALS; ALLOWED USAGE. Except where indicated through third party copyright notices or other notifications (the “Third Party Elements”), we own each and every element contained on the Services (the “HIDIVE Material”). HIDIVE Material may also include, without limitation, various intellectual property rights such as copyrights, and trademarks. The phrase “Service Material” refers collectively to HIDIVE Material and any Third Party Elements available through the Services including third party programming. Service Material includes such things images, sounds, music, logos, compilations, presentations, arrangements, clips and other elements. You have permission to view and peruse the Service Material solely as presented on the Services and your use of those Service Materials is limited to lawful, personal, private, non-public, and non-commercial purposes. From time to time, we may enable you to share information and specific content from this Website through sharing functionality made part of the Services. Otherwise, you may not copy, reproduce, distribute, disseminate, adapt, modify or otherwise use Service Materials without written permission which may be withheld by us or the owner of such materials (as applicable).
- USER SUBMITTED CONTENT. We may allow users to submit, post, transmit, modify or otherwise make available User Submitted Content through the Services. “User Submitted Content” includes information, text, images, posts, news, audio, video, links to other sites, or other content including IP Content (discussed below). As a consequence, you may see materials that have been submitted to this Website and/or via other Services and/or by individuals not affiliated with the HIDIVE Entities. The HIDIVE Entities do not endorse these individuals nor are we in any way associated with any of the materials that they may post or link to on this Website and/or through the Services. Neither the HIDIVE Entities nor their respective officers, employees, or agents shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individuals or in connection with any conduct of these individuals.
- RESPONSIBILITY FOR YOUR SUBMISSIONS. As between you and HIDIVE, you own and take full responsibility for all content and information you post, display, transmit or otherwise make available to through the Services. You agree not to disparage, defame or otherwise seek to damage anyone or invade anyone’s rights through any submitted content.
- IP CONTENT SUBMISSIONS. For content that is covered by intellectual property rights, like writings, images, videos, music, recordings, designs and other material (“IP Content”), you grant us a non-exclusive, fully transferable, sub-licensable, royalty-free, worldwide license to copy, reproduce, process, adapt, modify, publish, transmit, display, compress, edit, adapt, distribute and otherwise use any and all IP Content that you post, transmit, upload or otherwise deliver to us through your use of the Services (the “Our License”). Our License extends to any and all media and includes any and all distribution methods know known or later developed. Our License includes use of IP Content in whole or in part, in any form (including for promotional or marketing purposes). You affirm, represent and warrant that you own or have all necessary rights to the IP Content and to make Our License without restriction or limitation. Because the law may not recognize certain intellectual property rights in any particular IP Content, you should consult a lawyer if you want legal advice regarding your legal rights in any particular situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any intellectual property rights you hold, and that neither HIDIVE nor any HIDIVE Entity can do so on your behalf.
- CONTRIBUTIONS. Section 8 notwithstanding, by submitting ideas, suggestions, documents, proposals and/or other contributions (“Contributions”) to us by any means including without limitation via email and chat correspondence, via the Website and/or other Services, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we are entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) you irrevocably assign to us all rights to your Contributions; and (e) you are not entitled to any compensation, remuneration or reimbursement of any kind from us under any circumstances.
- COPYRIGHT CLAIMS AND OTHER INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in the notification is accurate, and under penalty of perjury, that the you are the owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent c/o HIDIVE LLC
PO Box 720966
Houston, TX 77072
By fax: 832-201-7577
By email: email@example.com
- REMOVAL OF CONTENT. We reserve the right to remove any and all content; this includes User Submitted Content and IP Content, at any time, for any reason or no reason and otherwise in our sole discretion. This includes our right to remove content that we deem objectionable or inappropriate or potentially infringing in our sole discretion.
- THIRD PARTY MARKS. Any trade names, trademarks, service marks, logos, domain names or other distinctive brand features used with, on or relating to any Third Party Services (“Third Party Marks”) available on or through the Services are the property of the providers of those Third-Party Services or their respective licensors. Unless such providers or their respective licensors has expressly authorized you in writing, you will not use and have no rights in, any Third Party Marks. You further agree that you will not use any trade name, trademark, service mark, logo, domain name, or other distinctive brand feature of any company, entity or organization in any way that is likely or intended to cause confusion as to the owner or authorized user of such names, marks, logos or features.
- WARRANTY DISCLAIMER. No warranty is given about the quality, functionality, availability or performance of the Website and other Services. All services and content are provided "AS-IS" and "AS AVAILABLE" with all faults. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of these Terms, HIDIVE expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HIDIVE AND THE HIDIVE ENTITIES TOGETHER WITH ITS AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HIDIVE AND THE HIDIVE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR OTHER SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR USER SUBMITTED CONTENT; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND/OR SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR SERVICE.
- EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
- WAIVER, SEVERABILITY & ASSIGNMENT. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of the terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
- MODIFICATIONS. We may revise these Terms from time to time, and will always post the most current version on our Website. If a revision materially reduces your rights, we will notify you by, for example, sending a message to the email address associated with your account, posting on our social media page or on this page. By continuing to use or access the Website and/or Services after the revisions come into effect, you agree to be bound by the revised Terms.
- INDEMNITY. You agree to indemnify and hold HIDIVE and HIDIVE Entities together with our/their subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Submitted Content you communicate, submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms, or your violation of any rights of another.
- NO THIRD-PARTY BENEFICIARIES. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
- NOTICE. We may provide you with notices, including those regarding changes to these Terms, including by but not limited to email, regular mail, SMS, text message, postings on the Website and through the Services, or other reasonable means now known or hereafter developed.
- ENTIRE AGREEMENT. These Terms constitute the entire agreement between you and HIDIVE and govern your use of the Website and Services, superseding any prior version of these Terms between you and HIDIVE with respect to the Website and Services. You also may be subject to additional terms and conditions (including Service Terms for related Services) that may apply when you use or purchase certain services, affiliate services, third-party content or third-party software.
- CHOICE OF LAW AND FORUM. You and HIDIVE each agree that the Terms and the relationship between the parties shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and HIDIVE, shall be brought exclusively in the courts located in the county of Harris, Texas or the U.S. District Court for the Southern District of Texas, Houston Division, except for claims capable of adjudication by Justice Courts of Texas (i.e. “Small Claims”) which claims shall be brought exclusively in any such Justice Court within Harris County Texas. You and HIDIVE agree to submit to the personal jurisdiction of the courts located within the county of Harris, Texas or the Southern District of Texas, Houston Division, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue in such courts.
- CLAIM LIMITATIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website and Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- NO CLASS ACTIONS. You may only bring and resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation of other arbitrations are prohibited.
- REPORTING VIOLATION OF TERMS. Please report any violations of the Terms to our customer care group here.