WEB SITE TERMS AND CONDITIONS OF USE AGREEMENT
This Internet Web Site Use Agreement (the “Agreement”) is between you and The Inspirational Network, Inc. (d/b/a Halogen) (hereinafter “HALOGEN”) with a principal place of business at 3000 WorldReach Drive, Indian Land, SC 29707, USA. Use of the HALOGEN Internet web sites (the “HALOGEN Web Site”) signifies your agreement to the terms and conditions of use set forth below in the Agreement:
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS HALOGEN WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the HALOGEN Web Site.
3. Modification of Agreement
The HALOGEN Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the HALOGEN Web Site, including, without limitations, text, video, graphics, interactive features, and all other materials contained thereon (collectively, “Content”) are protected by copyright, and are owned or controlled by HALOGEN.
Except as we specifically agree in writing, no Content from the HALOGEN Web Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the HALOGEN Web Site.
5. Streaming Media
In these terms and conditions of, we use the word “Inquiries” to mean questions, inquiries, comments, submissions, messages, ideas, concepts, suggestions, and/or other similar materials that you submit, communicate or otherwise distribute (collectively, “Distribute”) on or through the HALOGEN Web Site. We, our parent company, our licensees, assignees, agents, representatives, and other authorized users shall be entitled to exploit and disclose all Inquiries, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Inquiry.
7. Licenses and Representations
You hereby grant us, our parent company, our licensees, assignees, agents, representatives, and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Inquiries, in whole or in part, in all media formats and platforms now known or hereafter devised (including on the HALOGEN Web Site and on third party web sites) for any and all purposes including advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Inquiries License”).
“HALOGEN” and the “HALOGEN” logo are trademarks and/or service marks of HALOGEN. All other trademarks, service marks and logos used on the HALOGEN Web Site are owned by HALOGEN or used with permission of their respective owners.
9. Changes to HALOGEN Web Site
HALOGEN may change, suspend or discontinue any aspect of the HALOGEN Web Site at any time, including the availability of any HALOGEN Web Site feature or content. HALOGEN may also impose limits on certain features and services or restrict your access to parts or all of the HALOGEN Web Site without notice or liability.
10. Copyright Infringement Complaints
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Name of Agent Designated to Receive Notification of Claimed Infringement: Karl Sawyer, Intellectual Property Counsel for HALOGEN
Full Address of Designated Agent to Which Notification Should be Sent:
Karl S. Sawyer, Esq.
Designated Agent for Halogen
214 North Tryon Street, 47th Floor
Charlotte, North Carolina 28202
Telephone Number of Designated Agent: (704) 331-5792
Facsimile Number of Designated Agent: (704) 353-3692
E-Mail Address of Designated Agent: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the HALOGEN Web Site, electronic mail to a User’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which HALOGEN may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
You understand and agree that you are personally responsible for your behavior on the HALOGEN Web Site. You agree to indemnify, defend and hold harmless HALOGEN, its parent companies, subsidiaries, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the HALOGEN Web Site or the Content, or any violation by you of this Agreement.
12. Web Links
The HALOGEN Web Site may contain links and pointers to third-party Internet sites. Links to and from the HALOGEN Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by HALOGEN or any of its subsidiaries or affiliates of any third party resources, or their contents. HALOGEN disclaims any and all responsibility for content contained in any third party materials provided through links from the HALOGEN Web Site.
13. Ads and Malware
We take great care and pride in creating the HALOGEN Web Site. We are always on the lookout for technical glitches that effect how the HALOGEN Web Site works. When we find them on our end, we will attempt to fix them in a timely manner. Unfortunately, your home computer may cause some glitches that effect how you see our HALOGEN Web Site — and that is beyond our control.
If you experience any unusual behavior, content or ads on the HALOGEN Web Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the HALOGEN Web Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the HALOGEN Web Site and on other sites that you visit.
We are not responsible for the effects of any third-party software including Malware on your computer system. You should carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at info@Halogentv.com.
14. Disclaimer of Warranties
THE HALOGEN WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE HALOGEN WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HALOGEN, OUR PARENT COMPANY, OUR LICENSEES, ASSIGNEES, AGENTS, REPRESENTATIVES, AND OTHER AUTHORIZED USERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE HALOGEN WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE HALOGEN WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE HALOGEN WEB SITE OR ANY LINKED SITE. FURTHER, HALOGEN AND ITS SUBSIDIARIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HALOGEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HALOGEN WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HALOGEN WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HALOGEN, OUR PARENT COMPANY, OUR LICENSEES, ASSIGNEES, AGENTS, REPRESENTATIVES, AND OTHER AUTHORIZED USERS SHALL NOT BE LIABLE FOR THE USE OF THE HALOGEN WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
15. Limitation of Liability
HALOGEN, OUR PARENT COMPANY, OUR LICENSEES, ASSIGNEES, AGENTS, REPRESENTATIVES, AND OTHER AUTHORIZED USERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE HALOGEN WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE HALOGEN WEB SITE, EVEN IF HALOGEN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE HALOGEN WEB SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE HALOGEN WEB SITE AND/OR THOSE SERVICES.
16. Choice of Law; Jurisdiction
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN CHARLOTTE, NORTH CAROLINA.
This Agreement constitutes the entire agreement between HALOGEN and you with respect to your use of the HALOGEN Web Site. You agree that any cause of action you may have with respect to your use of the HALOGEN Web Site must be commenced within one (1) year after the claim or cause of action arises, or else is irrevocably waived. Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such paragraph. If HALOGEN fails to take action concerning any breach by you of this Agreement, you agree that any such failure to act does not waive HALOGEN’s right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.