the detailsTerms and Conditions

Terms of Use Revised July 1, 2013

The Howdini.com website and extended Howdini online properties (including but not limited to multiple language editions) are owned and operated by Howdini®, a registered trademark of Diginary Holdings, LLC. (In this document, the terms “the Site,” “Howdini,” “the Company “we” or “us” may be used interchangeably). This Site, is subject to the following Terms of Use, (“Terms”). By using the Site and Services you agree to be bound by these Terms, and confirm that you are at least 13 years old.

The Site shall mean all areas and any subscription or other paid products and services offered or operated by the Company on the World Wide Web or via any other electronic delivery mechanism and the Howdini community at large via email distribution and social media extensions. The Site consists of information services and content provided by the Company, affiliates of the Company and third parties. The term "Community Areas" means the bulletin boards, content sharing and other user participatory areas on the Site, and areas dedicated to Howdini products and services on third-party sites, such as Facebook, Twitter, Pinterest, et al. Your use of Howdini areas on third-party sites, while subject to these Terms, is also subject to any terms and conditions imposed by those third party sites.

1. Modifications To Terms

These terms were last revised on Mar. 1, 2013. 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 by 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.

2. 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. 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 rights, title and interest to the Site and the Content.

3. 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 the Site or the Content for any commercial purpose without the express written authorization of Howdini in every instance;
  • 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;
  • Upload any files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other software or programs that may damage the operation of another’s computer;
  • Use any names or trademarks of Howdini or its Affiliates as metatags or hidden text or in any manner that disparages or discredits Howdini or its Affiliates.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others

4. Trademarks

Howdini and the Howdini logo/logos and certain names and logos of Howdini 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, unless provided under contract with the Company. 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.

5. Termination of Site and Modifications To Site

Howdini reserves the right to modify or terminate the Site 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. 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 augments or enhances the current Site in the future shall be considered part of the Content and will be subject to these Terms.

6. Information You Provide and Your 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 Policy. Our Privacy Policy is hereby incorporated into these Terms by this reference.

7. Other Sites, Content, Products and Services

The Site may provide links to websites and access to content, products and services of third parties, including without limitation, Howdini, Affiliates and other entities, including social sharing, with which our connection consists of only a hyperlink (“Other Sites”). You should refer to the terms of use, privacy policies and other rules posted on Other Sites before you use them. The Howdini Parties (as defined below) are not responsible for, (a) the availability of, and content, goods and services provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by the Howdini Parties, or vice versa; (b) third-party content, goods and services accessible through the Site, including e-commerce, opinions, advice or statements (and you understand that you bear all risks associated with the use of such content, goods and services); or (c) any loss or damage of any sort you may incur from dealing with any third parties on Other Sites.

8. Submissions

If you submit any information or content to us via the Site (excluding personal information, which is addressed under the Privacy Policy) including content, 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 you hereby grant to Howdini and its Affiliates a nonexclusive, royalty free perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Submissions throughout the world in any ,media including but not limited to creating advertising or developing, manufacturing and marketing products incorporating such information all without limitation and without any compensation to you or to any third party. You hereby grant to Howdini and its Affiliates the right to use the name that you submit in connection with the Submission.

You warrant and represent that you own or otherwise control all of the rights to the content of any Submissions, that the Submission is accurate, and does not contain any material 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, and make that permission available to the Company upon request. 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 Infringement” section 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 in our discretion, 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. Communities and Social Media Extensions:

The term "Community Areas" means the bulletin boards, comments sections, content sharing and other user participatory areas on the Site, and areas dedicated to Howdini products and services on third-party social media website, apps or extensions, i.e. Facebook, Twitter, Pinterest, et al. Your use of Howdini areas on third-party sites, while subject to these Terms, is also subject to any terms and conditions imposed by those sites.

10. Monitoring:

The Company shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with these Terms and any other operating rules that may be established by the Company from time to time. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas that the Company, in its sole discretion, finds to be in violation of these Terms, or are otherwise objectionable or outdated. Notwithstanding this right of the Company, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither the Company nor any of its Affiliates shall assume or have any liability for any action or inaction by the Company with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.

Registration: By registering, you have the right to comment, post Submissions (where applicable), take part in polls or surveys and use all Howdini Community Areas (as defined above). You understand and agree that we reserve the right to modify or terminate your registration in the Howdini Community for any reason, without notice.

11. Information Provided on the Site:

The Site posts and hosts original content, third-party content and user Submissions. It does not necessarily control all of the Content posted to the 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 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 Affiliates and their parent, subsidiary and other affiliated companies and their respective shareholders, officers, directors, employees and other representatives (collectively, “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 Howdini or its Affiliates 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.

Howdini publishes some content created by other content providers and “experts.” and does not guarantee the truthfulness or accuracy of such information. As Content may become dated or found to be incorrect, we try to remove or update Content where appropriate. (Feel free to comment or email info@howdini.com if you have any questions about specific content on the Site.)

12. Disclaimer

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 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 or made available 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 nor should it be interpreted as creating any kind of professional relationship between you and 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 adviser, personal health care provider, legal adviser 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.

13. 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.

14. Copyrights and Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the "DMCA") http://www.copyright.gov/legislation/dmca.pdf provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.

  • Your notice should include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • 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
  • 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.


Send the above information to:
info@howdini.com

Or by mail to:

Copyright Agent: Gail Covert
Diginary Holdings
2909 Polo Parkway
Midlothian VA 23113

15. Indemnity

You agree to indemnify, defend and hold harmless 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, any Submissions posted by you or your violation of these Terms.

16. International Users

The Site is controlled, operated and administered by the Company from its offices within the United States. The Company makes no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

17. Governing Law

These Terms shall be 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 and any disputes shall be brought, heard and resolved in a court of competent jurisdiction located in New York County, New York state. 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.

18. Miscellaneous

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. Failure by the Company to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Howdini may assign its rights and duties under these Terms without such assignment being considered a change to these Terms and without notice to you. You may not assign these Terms without the prior written consent of Howdini. These Terms and the Privacy Policy, and any other operating rules, policies or procedures that may be posted from time to time by or on behalf of Howdini on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

19. Contact Us

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us at info@howdini.com.

Acknowledgment You acknowledge that by using the Site (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.