These terms and conditions (the “Terms”) govern your access to and use of Company’s website (www.hepic.me) and mobile application Hepic (can be uploaded via Google Play Market) that link to or reference these Terms (mutually – “Software”). By accessing or using the Software, you are agreeing to these Terms and concluding a legally binding contract with Us (hereinafter – “Company”). Do not access or use the Software if you are unwilling or unable to be bound by the Terms.
“You” and “your” refer to you, as a user of the Software. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Software. “We,” “us,” and “our” refer to Company and its partners.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Software, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Software. “(Company) Content” means Content that we create and make available in connection with the Software. “Third Party Content” means Content that originates from parties other than Company or its users, which is made available in connection with the Software. “Software Content” means all of the Content that is made available in connection with the Software, including Your Content, User Content, Third Party Content, and Company Content.
2. GENERAL TERMS
A. We reserve the right to modify, update, or discontinue the Software at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Software.
C. Except as otherwise stated in Section 6, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
D. The Terms contain the entire agreement between you and us regarding the use of the Software and application, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
E. Any failure on Company’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Company’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
H. The section titles in the Terms are for convenience only and have no legal or contractual effect.
I. Please note, that provisions of this Terms are forceable both to website and application (both collectively referred to as the “Software”) as much as it is realized in Software.
J. For any questions, complaints, proposals etc. use our contact form via our e-mail email@example.com.
3. USER CONTENT
The Software allows all users of the application to submit and post information and content to other users (“Content”). Content is separate from third party sponsored advertisements that may appear on the Software. Content can include, for example, map and road updates, traffic congestion updates, road accidents, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.
User Content (including any that may have been created by users employed or contracted by Company) does not necessarily reflect the opinion of Company. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates this Terms or other users’ rights. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
4. USING THE SOFTWARE
To access or use the Software, you must be 12 years or older and have the required power and authority to enter into these Terms. You may not access or use the Software if you are a competitor of ours or if we have previously banned you from the Software or closed your account.
B. Permission to Use the Software
We grant you permission to use the Software subject to the restrictions in these Terms. Your use of the Software is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Software Availability
The Software may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Software and application. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Software. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other Softwares, or allow other Softwares to share information about you with Company.
E. Communications from Company and other Users
By creating an account, you agree to receive certain communications in connection with the Software and application. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighborhood or other information that may be interesting to you.
F. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Company.
You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
G. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own webSoftwares and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Software and any Other Media the right to access Your Content in connection with their use of the Software and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Company, you own Your Content. We own the Company Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Software or Application Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Software or Application excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, Software marks, trade Companys, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Company Content and the Software, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Company Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Software and the Company Content are retained by us.
Company may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
A. You agree not to, and will not assist, encourage, or enable others to use the Software to:
A.i. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
A.ii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
A.iii. Promote a business or other commercial venture or event, or otherwise use the Software for commercial purposes, except in connection with a Business Account and as expressly permitted by Company;
A.iv. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Software’s search results or any third party webSoftware;
A.v. Solicit personal information from minors, or submit or transmit pornography; or
A.vi. Violate any applicable law.
B. You also agree not to, and will not assist, encourage, or enable others to:
B.i. Violate this Terms;
B.ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Software, Software Content (other than Your Content) or Application Content, except as expressly authorized by Company;
B.iii. Use any robot, Software search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Software or any Software Content;
B.iv. Reverse engineer any portion of the Software;
B.v. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Software or on any materials printed or copied from the Software;
B.vi. Record, process, or mine information about other users;
B.vii. Access, retrieve or index any portion of the Software for purposes of constructing or populating a searchable database of business reviews;
B.viii. Reformat or frame any portion of the Software;
B.ix. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Company’s technology infrastructure or otherwise make excessive traffic demands of the Software;
B.x. Attempt to gain unauthorized access to the Software, user accounts, computer systems or networks connected to the Software through hacking, password mining or any other means;
B.xi. Use the Software or any Software Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
B.xii. Use any device, software or routine that interferes with the proper working of the Software, or otherwise attempt to interfere with the proper working of the Software;
B.xiii. Use the Software to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Software or Software Content; or
B.xiv. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Software, features that prevent or restrict the use or copying of Software Content, or features that enforce limitations on the use of the Software.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us via e-mail (contact form), together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
7. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.
8. THIRD PARTIES
The Software may include links to other websites or applications (each, a “Third Party Software”). We do not control or endorse any Third Party Software. You agree that we are not responsible for the availability or contents of such Third Party Softwares. Your use of Third Party Softwares is at your own risk.
Some of the Software may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SOFTWARE. BY ACCESSING OR USING THE SOFTWARE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. THIS SOFTWARE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE COMPANY MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SOFTWARE, ITS SAFETY OR SECURITY, OR THE SOFTWARE CONTENT. ACCORDINGLY, THE COMPANY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SOFTWARE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SOFTWARE.
B. THE COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SOFTWARE OR THE SOFTWARE’S USERS. ACCORDINGLY, THE COMPANY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SOFTWARE. YOUR PURCHASE AND USE OF PRODUCTS OR SOFTWARES OFFERED BY THIRD PARTIES THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK.
C. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SOFTWARES OFFERED BY BUSINESSES LISTED ON THE SOFTWARE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE COMPANY ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SOFTWARE, RELATED SOFTWARES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SOFTWARE.
E. THE COMPANIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SOFTWARE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY IN CONNECTION WITH THE SOFTWARE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
F. THE COMPANY DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
B. We may close your account, suspend your ability to use certain portions of the Software, and/or ban you altogether from the Software for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Software, Your Content, Software Content, or any other related information.
C. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
11. CHANGES TO THE TERMS OF SOFTWARE
We may modify the Terms from time to time. The most current version of these Terms will be located within the Software. You understand and agree that your access to or use of the Software is governed by the Terms effective at the time of your access to or use of the Software. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Software prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Software after the effective date of modifications to the Terms indicates your acceptance of the modifications.
12. APPLICABLE LAW
US law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Company (a “Claim”), without regard to conflict of law provisions.