Intellectual Property RightsThe Site is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by Helium, its affiliates and/or third parties.Helium is the exclusive owner of all the trademarks, names, logos, and trade dress used in this Site, including, but not limited to, Helium, the Helium logo, and Helium services ("the Trademarks"). Your use of this site does not grant you any rights in or interests to the Trademarks. The Trademarks shall not be used, modified, or otherwise reproduced without the express written permission of Helium. Any other third party marks or names used in this site are owned by their respective owners and Helium makes no representations of any kind with respect to such third party marks and names. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site.All copyright rights in this Site's content, including, but not limited to, graphics, videos, information, reports, and text (collectively, "the content"), is exclusively owned by or otherwise used by Helium under permission, and may only be used by you as set forth herein. Any other non-authorized use of the Site, including, but not limited to the reproduction, dissemination, distribution, or transmission thereof is strictly prohibited. You further agree not to alter or delete any proprietary notice from any materials, reports, or other information downloaded, copied, or printed from the Site. All rights are expressly reserved.
Your Representations, Warranties, and Obligations
- You represent and warrant that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms.
- You represent and warrant that you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms.
- You represent and warrant that you will not delete any Content from the Sites.
- You acknowledge and agree that your use and access to the Site is solely at your own risk. You agree to abide by all applicable local, state, national, and international laws, and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site and Services.
- You understand that the confidentiality of any communication or material transmitted to/from the Site cannot be guaranteed. Accordingly, Helium is not responsible for the security of any information transmitted to or from the Site.
Message Boards, Posting, and Other Interactive FeaturesThis Site may include interactive features, including, but not limited to, message boards, web logs, e-mail services, and areas that allow uploading of user-generated content (the "Interactive Features"). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Site.If we provide you with the ability to post or submitting any material (including, without limitation, text, photos, and videos) to the Site, and you choose to do so, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are eighteen years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.When you submit or post material, you grant Helium the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant Helium, and anyone authorized by Helium, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or member name, as we deem appropriate.We do not control the messages, information, or files that you or others may provide through the Site. This Site, including its Interactive Features, shall be used for lawful purposes only; you shall not:
- Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site.
- Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site, its Services, or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
- Use the Site in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
- Obtain or attempt to obtain any materials or information not intentionally made available through this Site.
- Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
- Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
- Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent.
- Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site.
Disclaimer of WarrantiesThe Site's Content, including the terms, conditions, and descriptions appearing therein, are subject to change at any time. The information and materials contained in the Site, including the Content, text, graphics, links or other items are provided AS IS and AS AVAILABLE. Helium does not warrant the accuracy, adequacy, or completeness of such content, information and materials and expressly disclaims liability for errors or omissions in this information and materials.NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN IN CONJUNCTION WITH THE SITE OR ITS CONTENT.
Limitation of LiabilityUNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY.
IndemnificationYou agree to indemnify and hold Helium and its subsidiaries, affiliates, officers, directors, agents, employees, partners and licensors harmless from any claim, damages, losses, costs, expenses or demands, including reasonable attorneys' fees, made by any third party due to or arising out of content contributions, unsolicited contributions, or anything else you submit, post, transmit, modify or otherwise make available through the Site, or by your access or use of the Site, or your violation of any rights of another.
Linking and FramingYou may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by Helium. However, you may not frame or inline link to any of the content of the Site, or incorporate into another Website or other service any of our material or intellectual property without the written permission of Helium.Helium is not responsible for information on any third party website that is referred in, or accessible or connected by hyperlink to, the Site. If you access any third party website through the Site or otherwise, you do so at your own risk. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. A merchant that offers or sells products or services through the Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us.
Copyright PolicyThe Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Helium infringe your copyright, you or your agent may send to Helium a notice requesting that the material be removed or access to it be blocked.Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Helium actual knowledge of facts or circumstances from which infringing material or acts are evident.All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see //www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your 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 owner or authorized to act on the copyright owner's behalf.
Helium 1663 Mission Street, Suite 250 San Francisco CA 94103 [email protected]We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.