Acceptance of Terms and Conditions

Revised: 7/25/2013

By using the Huddle Hero website at www.huddlehero.com ("Site") and/or the Huddle Hero service made available for use with your iOS device or through the Site ("Service"), you ("you" or the "End User") agree to the terms and conditions (the "Terms of Service" or "Agreement") that we, Huddle Hero LLC ("Huddle Hero," "we," or "us") have provided.

Terms of Service

These Terms of Service govern your access to and use of the Site and Service provided by Huddle Hero. PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICE OR SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THE SERVICE OR SITE.

Certain features of the Service or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms and the Huddle Hero Privacy Policy at www.huddlehero.com/privacy ("Privacy Policy") are incorporated by reference into this Agreement. Capitalized terms not defined in the body of this Agreement will have the meanings set forth in the Privacy Policy.

The Huddle Hero iOS mobile application is licensed to you under the terms of the Licensed Application End User License Agreement, not the terms of this Agreement. In the event of a conflict or inconsistency between the terms of the Licensed Application End User License Agreement and the terms of this Agreement, the terms of this Agreement will take precedence and govern.

 

1. Disclaimer

HUDDLE HERO PROVIDES ALL INFORMATION ON THE SERVICE AND SITE FOR INFORMATIONAL PURPOSES ONLY. HUDDLE HERO DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS RELATING TO SUCH INFORMATION.

 

2. User Accounts

To use the Service, you must create a user account ("Account"). You may link this Account to your account with a third party service ("Third Party Account"), such as Facebook or Google, in which case we will import your profile information from your Third Party Account to help create your Account and to enable you, if available, to login to the Service using your Third Party Account login credentials. We may require you to enter additional information to complete the creation of your Account. Your Third Party Account is provided by the applicable third party service, not us, and subject to that third party service's separate terms and conditions. You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and therefore you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure.
You will not:

  • provide any false personal information as part of your Account information or in connection with the Service or Site;
  • create an Account for anyone other than yourself; (c) create or use more than one Account at any given time;
  • transfer your Account to anyone else;
  • permit others to use your Account;
  • use or access other persons' Accounts.
 

3. User Content

3.1 License

You hereby grant Huddle Hero an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use (a) your Public Content in any manner and for any purpose and (b) your User Content for the purposes of providing you and other users the Service. "User Content" means any and all input content and information that a user submits to, posts on, or makes available to the Service, including Shared Content but excluding Public Content. "Public Content" means any and all messages, comments, and other content and information that a user submits to, posts on, or makes available to the Public Areas. You represent and warrant that: (a) you have the right to grant the foregoing license and to post and submit the User Content and Public Content; and (b) the User Content and Public Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content and Public Content.

3.2 User Guidelines

You represent, warrant, and agree that:

  • you will comply with all applicable laws, including privacy laws and intellectual property laws;
  • you will not post inappropriate, inaccurate, untruthful, or objectionable content to the Service or Site;
  • you will not bully, harass or advocate harassment of another user or person;
  • you will not solicit passwords or Personal Data of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • you will not post content that contains "junk mail" or "chain letters";
  • you will not post content that is obscene or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • you will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access, to the Service or Site;
  • you will not use the Service or Site to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous;
  • you will not promote, or upload or post anything that contains, an illegal and/or unauthorized copy of another person's copyrighted work (whether marked as such or not).

If you violate the guidelines listed above, any other user guidelines posted on the Service or Site, the terms of this Agreement, or if Huddle Hero believes that any of your conduct or content is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for Huddle Hero or third parties, Huddle Hero reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing such content from the Service, notifying the appropriate authorities regarding the source of such content, barring you from accessing the Service, and terminating your Account.

 

4. Proprietary Rights

4.1 Use of the Service

Subject to the terms and conditions of this Agreement, Huddle Hero grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and Site solely for your personal, non-commercial purposes during the term of this Agreement.
You will not:

  • permit any third party to access or use the Service;
  • rent, lease, loan, sell, license, or transfer the Service or Site to any third party or exploit the Service or Site for commercial purposes;
  • interfere with, disrupt, alter, translate, or modify the Service or Site, or create an undue burden on the Service or Site or the networks or services connected to the Service or Site;
  • reverse engineer, decompile, disassemble, or reverse compile the Service or Site;
  • introduce software or automated agents or scripts to the Service or Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Service or Site

4.2 Ownership

Huddle Hero and its licensors own the Service, the Site, all content (except for your User Content and Public Content) contained in the foregoing, and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Service, the Site, or any other content (except for your User Content and Public Content) contained in the foregoing is strictly prohibited. Huddle Hero and its licensors reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement.

4.3 Feedback

Huddle Hero will treat any suggestions, comments, or feedback relating to Huddle Hero's business, services, and products ("Feedback") that you provide as non-confidential and non-proprietary. You hereby grant Huddle Hero the irrevocable, worldwide, fully transferable and sublicensable right to use and exploit any Feedback that you provide in any manner and for any purpose without any obligation to compensate you.

 

5. Third Party Websites and Services

Our Service and Site contains links to Internet sites and services maintained by third parties. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. This Agreement and the Huddle Hero Privacy Policy only apply to our Service and Site and do not apply to any other site or service.

 

6. Availability and Modification of Service

Huddle Hero reserves the right, from time to time, to suspend, modify, or discontinue the Service or the Site, in whole or in part, with or without notice. You agree that Huddle Hero will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Service or the Site, in whole or in part.

 

7. Termination

You may terminate your Account at any time and for any reason through the appropriate account management page on the Service, if available, or by sending an e-mail to help@huddlehero.com. Huddle Hero has the right to terminate your Account, immediately effective upon sending notice to you at the email address you provide in your Account. Upon termination of your Account by either party, your right to access and use your Account and the Service will terminate immediately. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or related to our termination of your Account, your access to and use of the Service, or this Agreement. Even after this Agreement is terminated for any reason, the following provisions of this Agreement will remain in effect: Sections 1, 4.2 and 7 through 17.

 

8. Warranty Disclaimer

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, HUDDLE HERO PROVIDES THE SERVICE AND THE SITE "AS-IS" AND "AS AVAILABLE" AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. HUDDLE HERO MAKES NO WARRANTY THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. HUDDLE HERO DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SERVICE OR THE SITE. HUDDLE HERO DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE OR THE SITE.

 

9. Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, (a) HUDDLE HERO WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOST PROFITS, OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, THE SITE, OR THIS AGREEMENT, EVEN IF HUDDLE HERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AND (b) HUDDLE HERO'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICE, THE SITE AND THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL HUDDLE HERO’S SUPPLIERS HAVE ANY LIABILITY UNDER OR RESULTING FROM THIS AGREEMENT.

 

10. User Indemnification

You agree to indemnify and hold Huddle Hero, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney's fees, arising out of or relating to your: (a) User Content or Public Content; (b) use of the Service or Site; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of applicable laws or any of the rights of third parties.

 

11. User Disputes and Release

You are solely responsible for your interactions with other users. Huddle Hero reserves the right, but has no obligation, to monitor, or take any action Huddle Hero deems appropriate regarding, disputes between you and other users. To the extent permitted under applicable laws, you hereby release Huddle Hero from any and all claims or liability related to: (a) any content posted on the Service or Site by you or other users; or (b) the conduct, whether online or offline, of any other user.


You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

12. Copyright Policy

You may not post, distribute, or reproduce in any way any Huddle Hero copyrighted material, trademarks, or other proprietary information unless you have the right to do so. It is Huddle Hero's policy to, in its sole discretion, terminate the Account of any user who repeatedly infringes copyright rights of Huddle Hero or third parties. If you believe that your work has been copied and posted on the Service or Site in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512. At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Site or Service of the material that you claim is infringing; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Huddle Hero's Copyright Agent for notice of claims of copyright infringement can be reached by writing the following:
Huddle Hero, Attn: Copyright Agent, 680 Oak Street, Unit B, San Francisco, CA 94117

 

13. Disclosures

Huddle Hero is located at 680 Oak Street, Unit B, San Francisco, CA 94117. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

14. Electronic Communications

The communications between you and Huddle Hero use electronic means, whether you use the Service or Site or send us emails, or whether Huddle Hero posts notices on the Service or Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Huddle Hero in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Huddle Hero provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

 

15. Governing Law; Arbitration

This Agreement, and any claim, dispute or controversy relating to this Agreement, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this Agreement must be brought in a federal or state court located in San Francisco, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that: (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) Huddle Hero may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

 

16. General

The parties are independent contractors. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by Huddle Hero will be effective only if in writing. Any waiver or failure by Huddle Hero to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the Service and Site contains valuable trade secrets and proprietary information of Huddle Hero, that any actual or threatened breach of Section 4.2 (Ownership) of this Agreement will constitute immediate, irreparable harm to Huddle Hero for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. "Includes" and "including" are not limiting. This Agreement and the Privacy Policy constitute the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.

 

17. Changes

We may amend this Agreement, including the Privacy Policy, from time to time. If we make material changes to the Agreement, we will notify you by posting the change on the Service or Site or sending you an e-mail at your primary email address, as specified in your Account. Any changes to this Agreement will be effective immediately for new users of our Service or Site; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of a notice on our Service or Site. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Service or Site following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes. Except as otherwise provided in this section, no amendment to this Agreement will be valid unless in a writing hand-signed by the parties.

 

18. Trademark and Copyright Notice

"Huddle Hero", "huddlehero", "HuddleHero", "Less Work, More Play", and other names, slogans, graphics, logos, and trade names used on the Service and Site are the trademarks of Huddle Hero and may not be used without Huddle Hero's permission. Third-party trademarks, service marks, and trade names that may appear on the Service or Site are the property of their respective owners. Copyright © 2013, Huddle Hero.