Terms & Conditions Of Use
Updated: August 20, 2012
Welcome to the Howdini.com website (the “Site”), which is owned and operated by Howdini (“Howdini” “we” or “us”). By using the Site after having been afforded an opportunity to review the following terms and conditions concerning your use of the Site (“Terms”), you are indicating that you agree to follow and be bound by these Terms. These Terms were last revised on August, 2012. These Terms apply solely to the Site.
1. Materials on the Site; Use of Site Content
- • The Site provides videos and other content featuring information and resources related to a variety of activities, which can be educational, informative, or fun. All content contained on the Site or presented to you through the Site by Howdini, its affiliated companies and their respective third party partners, suppliers, clients or licensors thereof (collectively referred to herein as the “Affiliates”), including but not limited to design, text, software, testimonials, performances, music, sound, photographs, names, trademarks, service marks, logos, video (including animation and animated characters), graphics, scripts or other material and the selection and arrangement thereof (collectively referred to herein as the “Content”), are subject to and protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are permitted to use the Content only as set forth in these Terms or in writing by Howdini. These Terms do not transfer any right, title, or interest in the Site or the Content to you, and Howdini and its Affiliates retain all of their respective right, title and interest to the Site and the Content.
- • Howdini has designated specific Content available for publishing and syndication, via contract and express written permissions. Terms referring to general use may not apply to members of our Publisher’s Network or other syndication partners. If you would like to learn more about these exceptions email us at firstname.lastname@example.org.
- • The Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration or otherwise used for prohibited commercial purposes, provided that prohibited commercial purposes do not include: (1) using the Content on a website you maintain to promote your business or artistic enterprise; (2) using the Content on an ad-enabled blog or website, provided the primary purpose of using the Content is not to gain advertising revenue or compete with Howdini; or (3) any other use that Howdini expressly authorizes in writing;
- • all copyright, trademark and other proprietary rights notices included in the Content as presented on the Site appear on all copies of the Content;
- • the Content is not modified or altered in any way; and
- • no graphics are used separately from accompanying text.
- • Except as permitted on the Site and as provided in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any of the Content, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of Howdini or the respective copyright owner. Requests for such permission should be made to email@example.com. For the avoidance of doubt, in the event any Content on the Site indicates that it may not be used outside of the Site, such Content will not be available for publishing and for the uses provided above.
- • Except as expressly provided herein, nothing contained in these Terms shall be construed as conferring, by implication, estoppel or otherwise, any license or right to use the Content under any copyright, patent, trademark or other intellectual property right.
2. You may not under any circumstance:
- • Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
- • Delete, modify or attempt to change or alter any of the Content on the Site;
- • Use any device, software or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties’ use of the Site;
- • Use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations;
- • Use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
- • Use any names or trademarks of Howdini or its Affiliates as metatags or hidden text.
Howdini and the Howdini logo, and certain names and logos of Howdini’s affiliates appearing on the Site are among the trademarks and/or service marks owned by Howdini, its respective parent or subsidiary companies or affiliates, as applicable. No trademark or service mark or other license is granted in connection with any such materials contained on the Site. Certain product, service, or company designations for companies other than Howdini may be mentioned on the Site. Such designations are often claimed as trademarks or service marks. You should contact the appropriate companies for more complete information regarding such designations and their registration status.
4. Modifications To Terms
We may, in our sole discretion, change these Terms from time to time. We will notify you of changes by posting notice that these Terms have been updated on the Site’s blog and updating the “last revised” date above. Your continued access to and use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate your use of the Site.
5. Termination of Site; Modifications To Site
Howdini reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, or to block or prevent future access to and use of the Site for any reason, with or without notice to you, and is not obligated to support or update the Site. Sections 1(a), 1(d), 1(e) and 2-16 of these Terms shall survive any termination of these Terms or your right to access to the Site. You acknowledge and agree that Howdini will not be liable to you or any third party in the event that Howdini exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site in the future shall be considered part of the Content and will be subject to these Terms.
6. Information You Provide; Privacy
If you provide information on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. Howdini will treat any information it collects from you in accordance with its Privacy Statement. Our Privacy Statement is hereby incorporated into these Terms by this reference.
7. Other Sites, Content, Products and Services
If you submit any information or content to us via the Site (excluding personal information, which is addressed under the Privacy Statement, including questions, comments, opinions, suggestions or other material (collectively, “Submissions”), such information shall be deemed to be non-proprietary and non-confidential and Howdini and its Affiliates shall have no obligation of any kind with respect to the Submissions, and shall be free to reproduce, use, disclose and distribute the Submissions to others without limitation and without any compensation to you. Howdini and its Affiliates shall be free to use any ideas, concepts, know-how or techniques contained in the Submissions for any purpose whatsoever, including but not limited to creating advertising or developing, manufacturing and marketing products incorporating such information.
Submissions must be original with you (or in the public domain) and be accurate and current. You may not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party’s rights of privacy or publicity or otherwise violate any applicable law or right. You may not submit any Submission that is protected by copyright, patent, or other proprietary rights without obtaining permission of the owner of such rights.
Any opinions or statements or other material expressed, transmitted, or posted on the Site by other parties are those of such parties, and we do not endorse any such opinion, statement, or other material. We are not responsible for screening, monitoring or verifying any Submissions (subject to the “Copyrights and Copyright Agent” paragraph below), although we reserve the right to do so and may, at our discretion, moderate or review any Submissions before posting them. We reserve the right to not post and to remove Submissions or other Content for any and no reason, and you agree that you shall not have, or make, any claims against the Howdini Parties based on our posting (or failure to post) or removal of any Submissions or other Content.
9. Information Provided on the Site
Howdini does not necessarily control all of the Content posted to Site and, therefore, does not guarantee the accuracy, integrity or quality of all of the Content or any claims or information that may be incorporated therein. You agree that you must evaluate, and bear all risks associated with, (i) the use of the Content, including, any information relating to any products or services featured on the Site and/or any other information provided on the Site including, but not limited to, advice, instructions, opinions and statements (collectively, “Information”) and (ii) any reliance on the accuracy, completeness, or usefulness of such Information. In this regard, you acknowledge that you may not rely on any Content created by us or otherwise available on the Site including without limitation information in chat rooms, if any, and other features of the Site. You hereby acknowledge and agree that under no circumstances will Howdini, its affiliate companies and their parent, subsidiary and other affiliated companies and their respective shareholders, officers, directors, employees and other representatives (collectively, the “Howdini Parties”) be responsible or liable in any way, directly or indirectly, for (i) any Information displayed, posted, emailed, transmitted or otherwise made available through the Site, (ii) any decision by the Howdini Parties to include any Information in, or exclude any Information from, the Site, or (iii) any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Information, including, without limitation, the accuracy, completeness, availability or usefulness thereof. Although Howdini strives to provide only accurate and complete Information, Howdini cannot and does not independently verify Information obtained or derived from third party sources.
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE HOWDINI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE HOWDINI PARTIES MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR (E) ANY ERRORS ON THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE HOWDINI PARTIES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Without limiting any of the foregoing, Howdini makes the following specific disclaimer for the categories of information listed below: The Content located on the Site (including, but not limited to, all Content relating to financial or investment advice, medical or health advice or legal advice) should not be interpreted as professional advice in the foregoing areas nor should it be interpreted as creating any kind of professional relationship between you and the Howdini Parties. You should not rely on any of the information or opinions relating to financial, medical or legal advice provided on the Site. You should conduct your own independent research and consult with your personal investment advisor, personal health care provider, legal advisor or other relevant professional before making any decision based on the Content. You are solely responsible for any decisions, omissions or actions you take and the Howdini Parties shall have no liability for your decisions based upon, or the results obtained from, the Content on the Site.
11. Limitation of Liability
IN NO EVENT SHALL THE HOWDINI PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE EVEN IF THE HOWDINI PARTIES WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
12. Copyrights and Copyright Agent
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Howdini’s Copyright Agent: o an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; o a description of the copyrighted work or other intellectual property that you claim has been infringed; o a description of where the material that you claim is infringing is located on the Site; o your address, telephone number, and email address; o a 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 o a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Howdini’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: TO firstname.lastname@example.org Or by mail to: Copyright Agent ℅ Touchstorm LLC 355 Lexington Ave., New York, NY 10017
You agree to indemnify, defend and hold harmless the Howdini Parties from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with your use of or access to the Site, your use of the Content or your violation of these Terms.
14. Governing Law
These Terms shall be exclusively governed by and construed in accordance with the laws of the State of New York within the United States of America without giving effect to any principles of conflicts of law. Howdini controls and operates the Site from its offices located in the State of New York in the United States of America. Howdini makes no representation that the Content and/or the Information is appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Contacting Us
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us at email@example.com.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
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