WEBSITE PRIVACY NOTICE
(Effective Date: June 1, 2018)
HULFT, Inc. (“Company,” “we”, “us” or “our”) maintains this Privacy Notice (“Privacy Notice”) that summarizes the treatment of information provided or collected on the sites where this Privacy Notice is posted, including, without limitation our website(s) at https://hulftinc.com/ (our “Sites”).
When you visit our Sites this Privacy Notice will apply. If you have any questions or concerns about our use of your information, then please contact us using the contact details provided at the bottom of this Privacy Notice..
We recommend you read this Privacy Notice in full to ensure you are fully informed. However, if you only want to access a particular section of this Privacy Notice, then you can click on the relevant link below to jump to that section.
A. Types and Collection of Information
Our primary goal in collecting the information described below is to provide you, the user, with a customized experience on our Sites and to deliver better service, products, and more relevant content to our customers, prospective customers, and visitors.
1. Types of Information We Collect
We collect two basic types of information in connection with our Service: (a) Personal Information and (b) Anonymous Information. Personal Information, Anonymous Information and Aggregated Information as used in this Privacy Notice are defined below:
“Personal Information” means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s first and last name, home or other physical address, email address, and telephone number. Personal Information also includes identifiers, such as cookies, IP addresses and Mobile Device IDs that recognize individuals over time and across different websites or online services, where those identifiers can be reasonably linked to an identifiable individual.
“Anonymous Information” means information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual person. When Anonymous Information is directly or indirectly associated with or combined with any Personal Information, such Anonymous Information will also be treated as Personal Information.
“Aggregated Information” means information about groups or categories of persons, this can constitute Personal Information unless it does not identify and cannot reasonably be used to identify an individual person.
2. How We Collect Your Information
Information Collected Directly From You
When you interact with our Sites, we collect information (including Personal Information) you provide to us directly as described below:
Registration Information. When you register with us (including directly through a Site or your Mobile Device, or other similar option) to create an account or profile within our Sites, you will be asked to provide:
(i) your first and last name;
(ii) your e-mail and mailing address;
(iii) user name, nickname, or password;
(iv) language preferences and
(v) such other information (including Personal Information) necessary to complete the registration process.
Information Through Mobile Devices. When you access our Sites through your mobile telephone or other mobile devices (collectively, “Mobile Device”), we will collect:
(i) Mobile Device type and manufacturer;
(ii) mobile carrier;
(iii) Mobile Device identifiers or advertising identifiers (“Device ID”);
(iv) telephone number;
(v) Internet Protocol address;
(vi) geographic location/country/zip code;
(vii) platform version;
(viii) installation, navigation, access, interaction, impression and engagement information;
(ix) network connection type;
(x) browser type;
(xi) Mac address;
(xii) iOS advertiser ID; and
(xiii) such other information you voluntarily provide to us.
In addition, we collect information you provide when you sign up to have Short Message Service notifications sent directly to your Mobile Device. We use your Device ID to verify, audit and analyze your use of our Sites.
Service and Support. When you communicate with us in connection with customer service and technical support, we will collect and store your contact information, information about your use of our Sites, your user ID and such other information you voluntarily provide to us in connection with such inquiry.
Profile Information. We provide areas on our Sites where you can post information about yourself and others and communicate with others or upload content. Such postings are governed by the applicable Terms of Service. In addition, such postings may appear on other websites or services, or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose Personal Information on publicly-viewable areas, that information will be publicly available and can be collected and used by others. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your Personal Information.
Information Received from SNS and APIs. When you access our Sites through an SNS, we access and obtain certain information from your profile through such SNS and the applicable SNS platform Application Programming Interface (“API”). The information we receive varies by the Application and by the privacy settings you choose for the SNS and may include Personal Information, including, without limitation, the following:
(i) your first and last name;
(ii) your profile picture or its URL;
(iii) your user ID number; which is linked to publicly available information such as name and profile photo;
(iv) the user ID numbers for your friends that are also connected to our Application(s);
(v) login e-mail you provided to the SNS when you registered;
(vi) your physical location and that of your access device(s);
(vii) your password; and
(viii) your gender.
Information Collected by Automated Technologies
When you interact with our Sites, we collect information, including Personal Information, through automated technologies including cookies, tracking technologies and log files. For more information about cookies and technologies we use, why, and how you can control them please see our Cookies Notice.
B. Use and Disclosure of Personal Information
Unless otherwise permitted or required by law, or with your additional consent, we will use and disclose your Personal Information solely for the purposes set out in this Privacy Notice.
3. How We Use Your Personal Information
We use your Personal Information for any one or more of the following purposes:
(a) to allow you to register with us to create an account or profile within our Sites;
(b) to operate, maintain and improve our Sites;
(c) to conduct market research analyses;
(d) to communicate with you concerning your account or, with your explicit consent or as permitted by law, to send you announcements, newsletters, promotional materials and other information about our Sites or offerings of our business partners, and to offer you opportunities to participate in surveys, campaigns, contests and sweepstakes;
(e) to prevent or investigate actual or suspected fraud, hacking, infringement, or other misconduct involving our Sites;
(f) to respond to customer service and technical support inquiries, troubleshoot problems, investigate incidents, and handle complaints;
(g) to provide services to you and our customers;
(h) to complete payment and billing transactions;
(i) to comply with applicable laws, regulations, legal processes or enforceable government requests;
(j) to send notices, and to enforce applicable terms and conditions set forth in such policies;
(k) to enable user-to-user communications and other in-service communications and interaction;
(l) to enable us to deliver information to SNS when you use or access our Site through such SNS; and
(m) to protect against harm to the rights, property or safety of the Company, its users or the public as required or permitted by law.
The Company processes Personal Information on our servers in the United States of America, Japan and in other countries. In some cases, we may process Personal Information outside of your country. For more information please see our section titled ‘ International Data Transfers’.
4. How We share Your Personal Information
Third Party Service Providers. We may disclose your Personal Information to third party service vendors and partners in connection with our provision of our Sites. Such third party service vendors and partners may be located in countries other than your country of residence and provide such services as payment processing, data analysis, e-mail delivery, hosting, order fulfillment, infrastructure and network storage, customer service, technical support, auditing, content licensing and promotional services.
Advertising of Third Party Products and Services. We may share (i) Aggregated Information; (ii) Anonymous Information; and (iii) certain technical information with third party advertisers for their direct marketing purposes, including, without limitation, to develop and deliver targeted advertising in our Sites and on the websites of third parties.
Affiliates. We may disclose Personal Information to our “Affiliates” (which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership located in the United States, Japan or Europe for the purpose of transferring and processing such Personal Information based on our instructions and such purposes as described in this Privacy Notice.
Ownership Change. In the event Company combines with another company in the future through a corporate merger, sale, acquisition, liquidation or other similar process, your Personal Information may be transferred with the business or a part of it, or may be sold as an asset of the business, to the successor organization in such transaction. If material changes to the Company’s privacy practices will occur as a result of such transaction, you will be notified via prominent notice on our Sites of any change in ownership or uses of your Personal Information, as well as choices you may have regarding your Personal Information.
Termination of License Arrangements. Upon the expiration or a termination of any third party license arrangements involving one or more parts of our Sites or services, your Personal Information may be transferred to the subject third party licensor in accordance with the terms of the applicable license agreement. In advance of such transfer to a third party licensor, the Company will notify you and other users in writing in the manner described in this Privacy Notice.
Security. Your Personal Information, and communications you make within our Sites, may be accessed and disclosed if we believe that our Sites are being used in the commission of a crime, when we believe in good faith that there is an emergency that poses a threat to the safety of you or another person and when necessary either to protect our rights or property including to enforce our Terms of Service, or for us to render the service you have requested.
Legally Required Disclosures. We may also disclose Personal Information when required by law, regulation or regulatory body, to a government agency or on receipt of a court order, or in response to a subpoena or litigation discovery request, or in the good faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on us. In addition, we will make any legally required disclosures to government authorities.
Consent. We may also disclose Personal Information to another person with your consent.
C. Storage of Information and Security
We employ appropriate technical and organizational measures to protect the security of information we collect from you. Such information is housed in secure databases, equipment and servers located in the United States, Japan and United Kingdom. The databases, equipment and servers we utilize may be owned by third party providers. To prevent unauthorized access, loss, or misuse, maintain data accuracy, and ensure the appropriate use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we maintain. We use industry-standard technology, such as firewalls, to protect the confidentiality of your Personal Information. Moreover, in addition to password protection offered in connection with your account, we encrypt your transmission of sensitive information to us via SSL (secured socket layer) protocol in the interest of heightened privacy protection and information integrity.
Although we take reasonable precautions against possible security breaches of our Sites, databases, equipment or servers, and records, we cannot guarantee that unauthorized access, hacking, data loss, or other security breaches and factors beyond our control will never take place and result in disclosure of your Personal Information. We strongly urge you to take reasonable measures at all times (online and offline) to protect your Personal Information.
In addition, while we strive to protect your Personal Information, you should know that information sent over the Internet, whether by e-mail or by using one of our on-line forms, is not necessarily secure against interception. Therefore, we cannot be responsible for such interception and cannot guarantee the security of such information.
We will investigate, attempt to resolve and take all reasonable steps necessary to ensure that your Personal Information and data is treated securely and in accordance with this Privacy Notice.
D. Your Privacy Rights
1. Marketing Opt-Out Provision
In addition to withholding your consent when requested and opting out, and subject to legal and contractual restrictions, you may withdraw your consent to allowing us to use and disclose your Personal Information for the purposes listed below at any time. You may do so by emailing us at firstname.lastname@example.org and including your user ID or registered email address so that we can confirm your identity. We will use our commercially reasonable efforts to comply with your request. Please understand that withdrawing your consent may affect your ability to use certain features of our Sites.
(a) Receiving Marketing Communications from the Company. Receiving commercial electronic messages, including, without limitation, text and email messages, direct social media messages, announcements, newsletters and promotional materials or offers to participate in surveys, campaigns, contests or sweepstakes.
(b) Disclosing Personal Information to Affiliates. Our disclosure of your Personal Information to our Affiliates for marketing purposes.
(c) Disclosing Personal Information to Third Party Service Providers. Our disclosure of your Personal Information to authorized third party service providers for marketing purposes.
2. Your Rights
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Generally, you may review, update, correct or delete your Personal Information collected by or through our Sites by logging into your account. You may also be able to request information directly in accordance with your privacy rights.
Your California and Canadian Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, customers, prospective customers, and visitors of our Service who are residents of the State of California have the right to request certain information regarding its disclosure of Personal Information to third parties for direct marketing purposes. Canadian federal and provincial laws provide a similar right of access. If you are a resident of California or Canada and wish to request such information, please email us at email@example.com with “California/Canada Privacy Rights” in the subject line.
Your EEA Privacy Rights
If you are a visitor from the EEA, you have the following data protection rights:
- If you wish to access, correct, update or request deletion of your Personal Information, and you are not able to do so through logging onto your account, you can contact us using the contact details provided under the “Contact” heading below https://hulftinc.com/contact/.
- In addition, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact” heading below https://hulftinc.com/contact/.
- Similarly, if we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
E. Additional Privacy Matters
1. Notification of Changes
We reserve the right to update and change the terms of this Privacy Notice at any time. If we decide to update and materially change the terms of our Privacy Notice, we will post those changes or on the applicable Sites, and in the updated Privacy Notice.
2. Links to Third Party Websites, Services and Offers
Our Sites may contain links to other websites, services and/or offers from third parties. We are not responsible for, nor will we be liable to you or any third party for, your interaction with such third parties or the information requests initiated by such third parties or the subsequent use, treatment or dissemination of the information (including any Personal Information) you voluntarily chose to provide to them. You should review the applicable privacy policies and information practices of such third parties carefully before providing Personal Information to them. Moreover, if you have any questions or concerns, you should contact the third party directly.
3. Protection of Children’s Privacy
Company is committed to providing special protection for the privacy of children who may use our Sites. Our Sites are not intended for nor directed to children under the age of 13 and we do not knowingly collect, use or retain Personal Information from such children. If we discover that we have inadvertently collected Personal Information from children under the age of 13, we will take all reasonable measures to delete any records of such Personal Information that come to our attention.
4. Special Note to Parents
If you become aware that your child has provided us with Personal Information, please notify us so that we may delete such information from our records and discontinue any related features or services (see Opt-Out Provision above). We also urge parents to instruct their children never to give out their real names, addresses or phone numbers without parental permission when using the Internet. We appreciate your cooperation in assisting us to provide a safe and enjoyable online experience for your children.
5. Users Outside United States
International Data Transfers
The Company is a U.S. company and Company’s U.S. business operations are primarily conducted in the State of California, U.S.A. We operate our company and administer this Privacy Notice under applicable U.S. and California laws and regulations. If you use our Sites from outside United States, your Personal Information will be transferred to, stored in and be processed in the United States, Japan and/or in other countries by the Company and/or its Affiliates in the manner described in this Privacy Notice. Please note that privacy laws of the United States and the State of California may differ from the laws in the country where you are located and may not provide you the same rights or protections for your Personal Information as those laws. However, we have taken appropriate safeguards to require that your Personal Information will remain protected in accordance with this Notice. These safeguards include implementing the European Commission’s Standard Contractual Clauses for transfers of Personal Information with our third party service providers and customers, which require all parties to protect personal information they process from the EEA in accordance with European data protection law. Further details can be provided upon request.
Legal Basis for Processing Personal Information (for visitors or users from the EEA)
If you are a visitor from the EEA, our legal basis for collecting and using the Personal Information described in this Privacy Notice will depend on the Personal Information concerned and the specific context in which we collect it.
We will normally collect Personal Information from you only (i) where we need the Personal Information to perform a contract with you, (ii) where the processing is in our legitimate interests, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect Personal Information from you.
If we collect and use your Personal Information in reliance on our legitimate interest or those of a third party, this interest will normally be to operate the Sites, communicating with you as necessary to provide our services, improving our platform or for the purposes of detecting or preventing illegal activities.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided under the “Contact Us” heading below.
6. Information Retention and Deletion
We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
The controlling language of this Privacy Notice is English. If you have received a translation into any other language, it has been provided for your convenience only. The English version of this Privacy Notice shall govern to the extent of any inconsistency between the English version and any translated version.
8. Do Not Track. We do not respond to DNT (Do Not Track) signals.
9. Contact Us
If you have any questions, inquiries, requests, complaints, or comments regarding this Privacy Notice, or have other questions or suggestions about our information practices, including our practices respecting the storage and processing of Personal Information please contact our Chief Privacy Officer via e-mail at Policy@Hulftinc.com.
Copyright © 2018 HULFT, Inc. All rights reserved.
Last updated: 6/20/2018
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.
Cookies set by the website owner (in this case, HULFT) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites.
The specific types of first and third party cookies served through our Websites and the purposes they perform are described in the table below
|Types of cookie||Who serves these cookies||How to refuse|
|Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas.||HULFT Inc. www.hulftinc.com|
|Because these cookies are strictly necessary to deliver the Websites to you, you cannot refuse them.|
|Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.||HULFT Inc. www.hulftinc.com|
|To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”|
|Analytics and customisation cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective are marketing campaigns are, or to help us customise our Websites for you.|
|HULFT Inc www.hulftinc.com|
Google analytics www.google.com
|To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”|
What about other tracking technologies, like web beacons?
Cookies are not the only way to recognise or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). Web beacons are small pieces of data that are embedded in images on the pages of websites to analyse the traffic patterns, such as the frequency users visit various areas of our Services. Pixel tags may allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation. These methods may involve collecting information directly from you or through another entity authorized by us to collect information on our behalf. We also use these methods in HTML emails that we send our guests to determine whether the recipients have opened those emails or clicked on links in those emails. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
Do you use Flash cookies or Local Shared Objects?
Our Websites may also use so-called “Flash Cookies” (also known as Local Shared Objects or “LSOs”) to, among other things, collect and store information about your use of our services, fraud prevention and for other site operations.
If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).
Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.
Like most internet services, we may also use log files on the server side to collect information from you. Your information held in log files includes your computer’s or mobile device’s IP (Internet Protocol) address, browser type, browser language, email application, Internet service provider, referring/exit web pages, computer platform type, date/time stamp and user activity.
The software enabling our Services has associated log and temporary files that are stored on our servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to use our Services. Your information may also be collected in connection with regularly performed server backups.
Click Through URLs
Some of our Services, including email messages, use “click-through URLs” linked to other content on our Services. We track this click-through data to help us determine interest in topics and use of the Services.
How can I control cookies?
You have the right to decide whether to accept or reject cookies.
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.
How often will you update this Cookie Notice?
We may update this Cookie Notice from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. If we update and materially change the terms, we make reasonable efforts to inform you.
The date at the top of this Cookie Notice indicates when it was last updated.
Where can I get further information?
Website Terms of Service
TERMS OF SERVICE
(Effective Date: June 1, 2018)
HULFT, Inc. (“Company,” “we”, “us” or “our”) maintains these Terms of Service (“TOS”) that describes the terms and conditions applicable to the use of our website, https://hulftinc.com/ (the “Website”). Your use of the Websites is subject at all times to these TOS. Your personal data will be processed in accordance with the Company’s Privacy Notice (the “Privacy Notice”). Any inconsistencies between this TOS and the Privacy Notice shall be resolved by the Company in its sole and absolute discretion.
EACH TIME YOU ACCESS OR USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TOS AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE APPLICABLE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND THEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, DO NOT ACCESS OR USE THE WEBSITE. YOUR CONTINUED ACCESS AND USE OF THE WEBSITE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, AS THEY MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY. YOU SHOULD PRINT A COPY OF OUR TOS FOR FUTURE REFERENCE.
In some instances, both these TOS and separate licenses, terms of service, rules, policies or guidelines set forth additional conditions that may apply to products or serviced offered by the Company (“Additional Terms”). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise, in its sole and absolute discretion.
(a) License Grant. Subject to the terms and conditions of these TOS, and any Additional Terms (which are hereby incorporated by this reference), and in accordance with the Privacy Notice, the Company hereby grants to you a limited, non-exclusive, non-transferable and revocable right and license to use the Website. The Company may terminate this license without notice in the event you fail to comply with these TOS or any Additional Terms. Upon termination of the license, you must immediately cease accessing and using the Website.
(b) Limitations. Except as may be expressly authorized by these Terms or any Additional Terms, the license granted to you is subject to the following limitations. You shall not or permit any other person to:
(i) in whole or in part modify or create any derivative work of the Company Materials (defined below);
(ii) modify, alter or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends in any Company Materials;
(iii) sell, grant a security interest in or transfer reproductions of any Company Materials to other parties in any way not expressly authorized herein;
(iv) assign, rent, lease, distribute or license any Company Materials to others; and
(v) exploit the Company Materials, or any of its parts for any commercial purpose.
Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in termination of the license granted hereunder with immediate effect and may subject you to civil and/or criminal liability.
2. IP OWNERSHIP
(a) Website. The Company and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Website (including past, present and future versions), including, without limitation graphics; layout; text; images; audio and/or video; designs; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel” of the Website; the compilation, assembly and arrangement of the materials of the Website; and all other materials or content made available in through the Website; (collectively, the “Company Materials”) and such Company Materials are protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
(b) Trademark Notice. All words and logos in a Website marked by the ™ or ® symbols are trademarks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trademarks and service marks appearing in a Website are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these TOS is strictly prohibited.
(c) No Additional Rights. Only those licenses expressly set forth in these TOS are granted. No other licenses are granted under these TOS, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.
(a) Terms of Service. The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be effective immediately upon posting in the Website. You are responsible for periodically checking the Website for changes to the TOS. You can determine when the TOS were last revised by referring to the “Effective Date” legend at the top of these TOS. If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you agree that your sole remedy is to cease using the Website. Your continued access and use of the Website constitutes your agreement to be bound by the modified TOS.
(b) Changes. The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Website (or any portion thereof) whether temporarily or permanently, in whole or in part, for valid commercial reasons and/or as required by applicable law. Changes may also include eliminating or discontinuing any content on or feature of the Website, restricting the hours of availability or limiting the amount of use permitted. Any such Change shall be effective immediately upon notice by posting on the Website or these TOS, or by any other method of notice the Company deems appropriate. We shall not be required to provide compensation to you for any Changes. Any access or use of the Website after such notice of Change, constitutes acceptance by you of such Change.
(c) Interruptions, Errors and Availability. Temporary interruptions in the availability of the Website may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, interruption or discontinuation of the Website, and termination of any license. The Website may include inaccuracies, errors, materials that violate this TOS or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Website is made available internationally and may contain references to products, programs and services of the Company /or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make available such products, programs or services in your location. Additionally, you acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the Website.
4. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND THE INTERNET IS AT YOUR SOLE RISK. EXCEPT AS OTHER EXPRESSLY SET FORTH IN THESE TOS OR ANY ADDITIONAL TERMS, THE WEBSITE AND ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. MOREOVER, THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE OR ANY CONTENT THEREIN (INCLUDING SOFTWARE) WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT BY THE COMPANY OR ITS AFFILIATES, USERS OR VISITORS, WHETHER MADE WITHIN THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR ACCESS AND USE OF THE WEBSITE (INCLUDING ALL CONTENT MADE AVAILABILITY WITHIN IT) IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR ANY OTHER ANY DAMAGES THAT RESULTS FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5. LIMITATIONS OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE OR THE ACCESS OR USE THEREOF. MOREOVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “COMPANY AFFILIATES”) LIABILITY TO YOU EXCEED IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE WEBSITE EXCEED US$100. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR ACCESS AND USE OF THE WEBSITE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS AND USE OF OR USERSHIP, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
For the convenience of our user, the Website may provide certain links to services and websites provided by third parties. The Company is not responsible for the content of any other services or websites linked to or from the Website. If you follow any such links, you leave the Website and you do so entirely at your own risk. The Company provides links from the Website solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other services and/or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SERVICES OR WEBSITES, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SERVICE OR WEBSITE.
You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees and costs, arising from: (a) your breach of these TOS, Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (b) in connection with your access and use of the Website in breach of these TOS, the Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (c) violation of any rights of any third party, or (d) any interaction you may have with other users of the Website, and any dispute arising in relation thereto. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall provide all reasonable assistance and cooperation to the Company in respect of such matter. The obligations set forth herein shall survive termination of these TOS.
8. GOVERNING LAW
This Website is made accessible, operated and controlled by the Company in the State of California in the United States. It can be accessed from various countries of the world. The laws of the State of California, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Website and your access and use of the Website. By accessing and using the Website, you submit and consent to the exclusive jurisdiction of state and federal courts located in Santa Clara County, the State of California with respect to any dispute or cause of action arising out of or in connection with these TOS, the Privacy Notice, the Additional Terms and/or your access and use of the Website.
9. INJUNCTIVE RELIEF
You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief in the event of any breach or anticipatory breach by you. To the fullest extent permitted under applicable law, you irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
10. VOID WHERE PROHIBITED
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material on the Website is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Website from a jurisdiction outside the State of California you are responsible for compliance with all applicable local laws.
We reserve the right to limit the availability of the Website to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide. Use of the Website is void where prohibited.
11. COMPLAINTS, NOTICE AND CONTACT INFORMATION
The Company takes claims of infringement of intellectual property rights and violation of rights, including rights of privacy or publicity very seriously. If you believe that any of the material that is or was in the Website infringes or has infringed any intellectual property rights, owned by you, or by an owner for which you are authorized to act, please contact us at Policy@hulftinc.com.
12. PRIVACY NOTICE
The Company is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Notice sets out how the Company may use your personal data, the traffic data and the content contained in your communication(s). If you object to your information being used in the way set out in the Privacy Notice, your sole remedy is to cease accessing and using the Website. In certain circumstances users from the European Economic Area may object to their data being processed as detailed in the Privacy Notice.
In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Website or these TOS, or such other method of notice the Company deems appropriate. Where Company decides to give such notice, any access or use of the Website after delivery of such notice constitutes acceptance by you of the noticed action.
If any provision of these TOS, the Privacy Notice and/or Additional Terms (if applicable) is held to be invalid or unenforceable, that provision will be deemed severable to these TOS, the Privacy Notice and/or Additional Terms and shall not affect the validity and enforceability of any remaining provisions of the TOS will remain in full force and effect. The TOS and Additional Terms (if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Each party acknowledges that, in entering into these TOS it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these TOS. Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the TOS will be effective only if in writing and signed by the Company. The failure of party to assert any right under these TOS shall not be considered a waiver of that party’s right will remain in full force and effect. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. You are not allowed to assign the TOS or any rights hereunder. The Company is allowed at its sole discretion to assign the TOS or any rights hereunder to any third party, without giving prior notice to you.
The parties hereto confirm their express wish that these TOS as well as all other documents related to them, including notices, be drawn up in the English language only and declare themselves satisfied therewith.
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If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about our Website, please contact us via e-mail at Policy@hulftinc.com.
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