Website Terms and Conditions
These Terms and Conditions of Use (the “Agreement”) are between you and Heeb Media, LLC (“Heeb” or the “Company”). In consideration of the right to access and use the website located at the Universal Resource Locator http://heebmagazine.com/ (the “Site” or the “Website”), and to receive the services offered through the Website, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 13 years of age.
The Website and the Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 13) or to any user who has been suspended from any of the Site, whose use has been restricted for any reason or whose registration has been revoked. If you are under the age of 13, you can use the Services only in conjunction with, and under the supervision of, your parents or guardians. If you do not qualify, please do not use the Website or the Services. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to this Agreement.
The Content contained on the Website is for general information use only and has not been verified by Heeb. Heeb does not make any representations as to the accuracy or completeness of Content or assume any liability for any loss that may result from the reliance by any person upon any Content we provide. Any statements non-factual in nature constitute only current opinions, which are subject to change without notice.
Services. Through the Website, you may be able to review Content (as defined herein), upload and download files, register for membership, purchase products, make donations, sign up for events, pay for goods and services, communicate and establish relationships with other users, and post information, opinions and comments (collectively, the “Services”). Heeb reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, Heeb reserves the right to permit or restrict access to Services and Website to any user in its sole and absolute discretion.
Profiles, Blogs and Boards. Heeb offers original and third party information on the Website. You may be invited to provide custom screen names, icons and other profile information (collectively, “Profile Information”), and you may be permitted to comment on, post, transmit or submit messages, ideas, concepts, techniques, know-how and other information and materials, which may include uploading files, inputting data, providing personal information, submitting opinions or engaging in any form of communication that you submit, post and display on the Website or through the Services (collectively, and together with Profile Information, "User Generated Content") to other Website users, blogs, bulletin boards and public areas (collectively "Forums") within or in connection with the Site or in connection with the Services. In submitting User Generated Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, designs, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the website or the Services (collectively, “Content”). Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that Heeb shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of the Site and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce the material for such user’s personal use.
Certain portions of the website may offer you the ability to send (by e-mail or otherwise) messages directly to the Company or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the website. Heeb reserves the right, but has no obligation, to monitor disputes between you and other users.
In the event a dispute arises between you and Heeb or any third party, please e-mail the Company at info@heebmagazine.com and we will work quickly towards a resolution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
By posting any Content on the website, you hereby grant the Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any such Content which you may provide for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof. Heeb does not assert any ownership over User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content.
You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting Content, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company all rights, title and interest as set forth herein in and to such Content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the Company in connection with such Content.
You agree to release Company, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums or the Services. If at any time you are not happy with the website or the Services or object to any Content, your sole remedy is to cease using them.
- is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
- violates the copyright, trademark or other intellectual property rights of any other person or Heeb;
- is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
- imposes an unreasonable or disproportionately large load on the website’s infrastructure;
- is for the purpose of spamming or aggressively promoting goods or services without our prior authorization;
- is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
- contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
- is libelous or invasive of privacy or publicity rights or any other third party rights;
- 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 located on the Site are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Site;
- The name, address, telephone number, and email address of the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
- A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Info") and maintain and promptly update the Registration Info to keep it true, accurate, current and complete. You hereby authorize Heeb, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Info. Heeb reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Heeb cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.
You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Heeb is not under any duty to inquire as to the authority or propriety of any instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Heeb shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Heeb harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the website. Heeb reserves the right to block access to the website for any reason. You also agree to immediately notify Heeb if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes.
For your protection, Heeb may require the use of encryption technologies for certain types of communications conducted through the website. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
In the event (a) your credit card is not valid, (b) Heeb determines, in its sole discretion that a transaction is unauthorized, (c) your credit card can not be processed at the time of any charge or renewal charge, as the case may be, or (d) any charge is disputed for any reason other than failure by Heeb to deliver the Product and/or services purchased by you, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the website and Products, thereby terminating this Agreement and all of Heeb's obligations hereunder, and, in addition, to charge you an administrative processing fee equal to 10% of the total billable amount, which charge you hereby authorize by entering into any transaction through the website. In the event of a subscription service, the credit card on file for your account will be billed automatically either on a month to month or yearly basis depending on the original Agreement between you and the Company. Notwithstanding the foregoing, you agree that any formal payment disputes lodged with any credit or payment card company shall be invalid unless (x) you notify Heeb within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with Heeb directly, and such efforts have failed.
NO WARRANTY. THE SERVICES, CONTENT AND WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF THE SERVICES, THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR SERVICES.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND SERVICES ACCESSIBLE ON THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH IT IS LINKED, AND ALL OPERATIONS OF THE WEBSITE AND THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
NO LIABILITY. IN USING THE WEBSITE AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD HEEB OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE, FORUMS, THE SERVICES, THE CONTENT OR YOUR USE THEREOF, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER ACTION. HEEB SHALL NOT BE LIABLE EVEN IF HEEB OR AN AUTHORIZED REPRESENTATIVE OF HEEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF HEEB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS FOR ANY CLAIM OR ACTION RELATING TO THE SITE OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO HEEB IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Indemnification. You agree to indemnify, defend and hold harmless Heeb, its officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Services or website, your breach of the terms of this Agreement, or your infringement, or infringement by any other person using your account, of any intellectual property or other right of Heeb or any other person or entity. The terms of this Agreement will inure to the benefit of Heeb’s successors, assigns, licensors and licensees. The Services, the website and all related products are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Services, the website and any related products. You shall indemnify and hold harmless Heeb and its officers, directors, employees, consultants, agents and representatives for any and all claims, actual or threatened, actions, damages, liabilities, costs and expenses (including reasonable attorneys' fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, the website, the Content and any related products and services. You covenant to cooperate fully in the defense of any claim.
Term & Termination. The term of this Agreement shall commence when you first visit the website, view the Content or use the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. Heeb may, with or without cause, immediately terminate this Agreement without notice, and deny you access to the website and the Services in its sole discretion. Without limiting the foregoing, Heeb has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that Heeb, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the website or use the Services. Without limiting any other rights Heeb has, you understand and acknowledge that Heeb, in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach this Agreement.
Changes. The Content, the Services, the website and this Agreement are subject to change and updating by Heeb and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of the website constitutes your acceptance of any change or update, all of which shall become controlling when posted.
Privacy. Please click here for our Privacy Policy.
Applicable Law; Jurisdiction. Persons who access the website do so at their own initiative, and are responsible for compliance with applicable local laws and regulations. The laws of the State of New York will govern this Agreement, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and this Agreement shall be settled in the courts of competent jurisdiction in New York, NY. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude the Company from seeking any injunctive relief in courts of competent jurisdiction located in other countries for protection of the Company’s intellectual property rights.
General. This Agreement set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign this Agreement without our explicit consent. You are responsible for fees associated with gaining access to the website, including the fees associated with the equipment necessary to access the Internet and the fees charged by your internet service provider.
The website is maintained by Heeb Media, LLC, with mailing address P.O. Box 687, New York, New York 10012.
