HelpingHero Terms and Conditions
The Services offered by HelpingHero.com ("HelpingHero.com" or "we" or HelpingHero)
include the HelpingHero.com Website (the "Website") and any other features, content,
or applications offered from time to time by HelpingHero.com in connection with
the Website (collectively, the "Services").
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for
your use of the Services. By using the Services, you agree to be bound by this Agreement,
whether you are a "Visitor" (which means that you simply browse the Website) or
you are a "Member" (which means that you have registered with HelpingHero).
Please read them carefully and if you do not agree with them, please do not register
as a Member. The terms are subject to change by HelpingHero at any time. HelpingHero
may modify this Agreement from time to time and such modification shall be effective
upon posting by HelpingHero on the Website. You agree to be bound to any changes
to this Agreement when you use the Services after any such modification is posted.
It is therefore important that you review this Agreement regularly to ensure you
are updated as to any changes. Please note that HelpingHero reserves the right to
terminate your membership for any reason.
As a Member your Profile is defined as all information that you provide regarding
you personally and/or your Family and/or your HelpingHero Team.
You are solely responsible for any information contained in your Profile and all
of your communications with other HelpingHero Members. By registering as a Member,
you agree to abide by the terms and conditions below:
- You will not use HelpingHero to post or transmit offensive materials including offensive
language or sexually explicit materials (including photographs).
- You will not knowingly post false information in your profile, or pose as another
person.
- You will use HelpingHero's services for personal communication only and will not
engage in or promote any commercial enterprise through your HelpingHero profile.
- You will not harass others by continuing to attempt to communicate with someone
who has clearly asked you to cease communications.
- All information contained in e-mails should be treated as confidential. This information
cannot be forwarded without the previous consent of the original sender of the message.
- You will not use the HelpingHero email or SMS features to send junk mail.
-
If you become a full paying member of HelpingHero, you agree to be responsible for
all charges accrued to your account in accordance with our published rates. You
acknowledge that HelpingHero reserves the right to charge for the Services and to
change its fees from time to time in its discretion. If HelpingHero terminates your
Membership because you have breached the Agreement, you shall not be entitled to
the refund of any unused portion of subscription fees.
- If you do not use up the term of free usage, you will not be compensated in any
other way for the unused portion of usage of the HelpingHero services.
- In order to participate in certain Services, you may be notified that you are required
to download software or content and/or agree to additional terms and conditions.
Unless otherwise provided by the additional terms and conditions applicable to the
Services in which you choose to participate, those additional terms are hereby incorporated
into this Agreement.
Password
When you sign up to become a Member, you will also be asked to choose a password.
You are entirely responsible for maintaining the confidentiality of your password.
You agree not to use the account, username, or password of another Member at any
time or to disclose your password to any third party. You agree to notify HelpingHero
immediately if you suspect any unauthorized use of your account or access to your
password. You are solely responsible for any and all use of your account.
Member Suspension
HelpingHero reserves the right to suspend any member who violates these rules. In
the case of Profiles, HelpingHero may hide or remove the Profile if it is judged
offensive until the offensive portion is amended.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without obtaining
the prior written consent of the owner of such proprietary rights. It is the policy
of HelpingHero to terminate Membership privileges of any Member who repeatedly infringes
the copyright rights of others upon receipt of prompt notification to HelpingHero
by the copyright owner or the copyright owner's legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted on the Services
in a way that constitutes copyright infringement, please provide our Copyright Agent
with the following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (ii) a description
of the copyrighted work that you claim has been infringed; (iii) a description of
where the material that you claim is infringing is located on the Website; (iv)
your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty
of perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf. HelpingHero's
Copyright Agent for notice of claims of copyright infringement can be reached at:
info@helpinghero.com.
Disputes
You are solely responsible for your interactions with other HelpingHero Members.
HelpingHero reserves the right, but has no obligation, to monitor disputes between
you and other Members.
Privacy
Use of the Services is also governed by our Privacy Policy, which is incorporated
into this Agreement by this reference.
Disclaimers
HelpingHero is not responsible for any incorrect or inaccurate Content posted on
the Website or in connection with the Services provided, whether caused by Users
of the Services or by any of the equipment or programming associated with or utilized
in the Services. Profiles created and posted by Members on HelpingHero may contain
links to other websites. HelpingHero is not responsible for the Content, accuracy
or opinions expressed on such websites, and such websites are in no way investigated,
monitored or checked for accuracy or completeness by HelpingHero. Inclusion of any
linked website on HelpingHero does not imply approval or endorsement of the linked
website by HelpingHero. When you access these third-party sites, you do so at your
own risk. HelpingHero takes no responsibility for third party advertisements which
are posted on this Website or through the Services, nor does it take any responsibility
for the goods or services provided by its advertisers. HelpingHero is not responsible
for the conduct, whether online or offline, of any User of the Services. HelpingHero
assumes no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, any User or Member communication. HelpingHero
is not responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment, software,
failure of any email or communication due to technical problems or traffic congestion
on the Internet, or outside it, or on any of the Services or combination thereof,
including any injury or damage to Users or to any person's computer related to or
resulting from participation or downloading materials in connection with the Services.
Under no circumstances shall HelpingHero be responsible for any loss or damage,
including personal injury or death, resulting from use of the Services, attendance
at a HelpingHero event, from any Content posted on or through the Services, or from
the conduct of any Users of the Services, whether online or offline. The Services
are provided "AS-IS" and as available and HelpingHero expressly disclaims any warranty
of fitness for a particular purpose or non-infringement. HelpingHero cannot guarantee
and does not promise any specific results from use of the Services.
Limitation on Liability
IN NO EVENT SHALL HELPINGHERO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HELPINGHERO HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, MYSPACE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO MYSPACE.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Indemnity
You agree to indemnify and hold HelpingHero, its subsidiaries, and affiliates, and
their respective officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the Services in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your representations
and warranties set forth above and/or if any Content that you post on the Website
or through the Services causes HelpingHero to be liable to another.
Other
This Agreement is accepted upon your use of the Website or any of the Services and
is further affirmed by you becoming a Member. This Agreement constitutes the entire
agreement between you and HelpingHero regarding the use of the Services. The failure
of HelpingHero to exercise or enforce any right or provision of this Agreement shall
not operate as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. This Agreement
operates to the fullest extent permissible by law. If any provision of this Agreement
is unlawful, void or unenforceable, that provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any remaining provisions.
Disputes
If there is any dispute about or involving the Services, you agree that the dispute
shall be governed by the laws of the New South Wales (Australia) without regard
to conflict of law provisions and you agree to personal jurisdiction by and venue
in the courts of New South Wales (Australia) .
Term
This Agreement shall remain in full force and effect while you use the Services or
are a Member. You may terminate your Membership at any time, for any reason, by
contacting HelpingHero. HelpingHero may terminate your Membership at any time, without
warning. Even after Membership is terminated, this Agreement will remain in effect