Henooh welcomes you. Henooh provides the Henooh Services (defined below) to you subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://www.henooh.com/Home/Terms. By accessing and using Henooh Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Henooh owned or operated services, you and Henooh shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Henooh provides users with access to a rich collection of resources, including without limitation various communication tools, forums, web services, apps, software and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Henooh Services"). You also understand and agree that the Henooh Services may eventually include a way to generate revenue through providing the services. You also understand and agree that the Henooh Services may include certain communications from Henooh, and that these communications are considered part of Henooh membership. Unless explicitly stated otherwise, any new features that augment or enchance the current Henooh Services, including the releases of new Henooh properties, shall be subject to the TOS. You understand and agree that Henooh Services is provided "AS-IS" and that Henooh assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content provided. You are responsible for obtaining access to Henooh Services, and that access may involve third-party fees (such as Internet Service Provider). You are responsible for those feels, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access Henooh Services.
You understand that the technical processing and transmission of the Henooh Services, including your Content, may involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that content provided by Henooh may contain adult or mature content. You must be at least 18 years of age to access and view such areas.
In consideration of your use of the Henooh Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Henooh Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by Henooh Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not complete or incomplete, or Henooh has reasonable grounds to suspect that such information is untrue, inaccurate, not complete or incomplete, Henooh has right to suspend or terminate your account and refuse any and all current or future use of Henooh Services (or any portion thereof). You must be aged 13 or over to use Henooh Services. Each account is designed to be used for each individual, not shared.
You will receive a login and password upon completing the Henooh Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Henooh of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Henooh cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Henooh, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Henooh Services. Henooh does not control the Content posted via the Henooh Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Henooh Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Henooh be liable in any way for any Content, or any loss of damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Henooh Services.
You agree to not use Henooh Services to:
You acknowledge that Henooh may or may not pre-screen Content, but that Henooh and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Henooh Services. Without limiting the foregoing, Henooh and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Henooh or submitted to Henooh, including without limitation information in all other parts of the Henooh Services.
You acknowledge, consent and agree that Henooh may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Henooh, its users and the public.
You understand that the Henooh Services and software embodied within the Henooh Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Henooh and/or content providers who provide content to the Henooh Services. You many not attempt to override or circumvent any of the usage rules embedded into the Henooh Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Henooh Services, in whole or in part, is strictly prohibited.
When you register with Henooh, you acknowledge that in using Henooh Services to send electronic communications, you will be causing communications to be sent through Henooh's computer networks, which is located in Nebraska. As a result, and also as a result of Henooh's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the services result in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use the Henooh Services and transfer, posting and uploading of software, technology, and other technical data via Henooh Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Adminstration Regulations and sanctions control programs of the United States. In particular, you represent and warrent that you: (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, any other technical data via the Henooh Services to export-prohibited parties or countries; (c) will not use the Henooh Services for military, nuclear, missle, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Henooh Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
Henooh does not claim ownership of Content you submit or make available for Inclusion on the Henooh Services. However, with respect to Conent you submit or make available for inclusion on publicly accessible areas of Henooh Services, you grant Henooh the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Public Accessible" areas of Henooh Services are those areas of the Henooh network of porpreties that are intended by Henooh to be available to the general public.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Henooh through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Henooh is not under any obligation of confidentality, expressed or implied, with respect to the Contributions; (c) Henooh shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Henooh may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Henooh without any obligiation of Henooh to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Henooh under any circumstances.
You agree to indemnify and hold Henooh and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Henooh Services, your use of the Henooh Services, your connection to the Henooh Services, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Henooh Services (including Content, advertisements, Software and your Henooh ID).
You acknowledge that Henooh may establish general practices and limits concerning use of Henooh Services, including without limitation the maximum number of days that content will be retained by Henooh Services. You agree that Henooh as no responsibility or liability for the deletion or failure to store any content maintained or transmitted by Henooh Services. You acknowledge that Henooh reserves the right delete any accounts that are inactive for an extended period of time. You further acknowledge that Henooh reserves the right to modify these general practices and limits from time to time.
Henooh reserves the right at any time from time to time to modify or discontinue, temporarily or permanently, the Henooh Services (or any part thereof) with or without notice. You agree that Henooh shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Henooh Services (or any part thereof).
You may terminate your Henooh account, and access to Henooh services by submitting such termination request to Henooh.
You agree that Henooh may, without prior notice, immediately terminate, limit your access to or suspend Henooh account, any associated access to Henooh Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance of material modification to the Henooh Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owned by you in connection with the Henooh Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Henooh's sole discretion and that Henooh shall not be liable to you or any third party for any termination of your account, or access to Henooh Services.
Termination of your Henooh account includes any or all of the following: (a) removal of access to all or part of the offerings within the Henooh Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of Henooh Services.
Henooh, and its services, does not have any monentization methods.
Henooh services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Henooh is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or avaiable from such sites or resources. You further acknowledge and agree that Henooh shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowlege and agree that the Henooh Services and any necessary software used in connection with the Henooh Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content provided via Henooh Services are proected by copyrights, trademarks, service marks, patents or other propritary rights and laws. Except as expressly permitted by applicable law or as authorized by Henooh or applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivate works based on Henooh services, such Content or the Software, in whole or in part.
You expressly understand and agree that:
You expressly understand and agree that Henooh and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidential, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Henooh has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the Henooh Service; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Henooh service; or (e) any other matter relating to the Henooh service.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
Henooh respects the intellectual property of others, and we ask our users to do the same. Henooh may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Henooh's Copyright Agent to the following information:a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. a description of the copyrighted work or other intellectual property that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the site; d. your address, telephone number, and email address; e. a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. 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 aurhorized to act on the copyright or intellectual property owner's behalf. Henooh's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o Henooh 1901 Aberdeen Dr Papillion, NE 68133 By email: Contact Us Page
Entire Agreement, the TOS constitutes the entire agreement between you and Henooh and governs your use of Henooh Services, superseding any prior version of this TOS between you and Henooh with respect to the Henooh Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Henooh services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Henooh each agree that the TOS and the relationship between the parties shall be governed by laws of the State of Nebraska without regard to its conflict of law provisions and that any and all claims, causes of actions or disputes (regardless of theory) arising out of relating to the TOS, or the relationship between you and Henooh, shall be brought exclusively in the courts located in the county of Sarpy, Nebraska or the U.S. District Court for Nebraska. You and Henooh agree to submit to the personal jurisdiction of the courts located within the county of Sarpy, Nebraska or the state of Nebraska, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Henooh to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right or Survivorship and Non-Transferability. You agree that your Henooh account is non-transferable and any rights to your Henooh ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Henooh Services or the TOS must be filled within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.