Terms of Service
HUGZ, LLC, a New Hampshire limited liability company, operates an online service and mobile device application that may be accessible through the website located at www.hugz.com or a HUGZ application that resides on their mobile device (the “Service”) that may allow users to, among other things, design and purchase HUGZ.
These Terms of Service and any additional terms or conditions that we post on the Service from time-to-time (“Terms of Service”) set forth the terms and conditions under which you may access and use the Service.
BY ACCESSING, REGISTERING WITH OR USING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS, REGISTER WITH, OR USE THE SERVICE.
HUGZ reserves the right to modify or change these Terms of Service at any time without prior notice to you. If HUGZ modifies or changes these Terms of Service, it will also revise the “Effective Date” at the top of this page. The most current version of these Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on the Service. Your continued access to and/or use of the Service after HUGZ posts any revised Terms of Service constitutes your agreement to any such revised Terms of Service.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF SERVICE OR ON THE SERVICE TO THE CONTRARY, THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES AND SUBJECT TO LIMITATIONS ON HUGZ’S LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 9 AND 10 BELOW.
1. General Use and Restrictions .
1.1. License. Conditioned upon and subject to your strict compliance with these Terms of Service, HUGZ grants you a personal, non-exclusive, non-transferable, limited license to access and use the Service to view information regarding HUGZ and its products and services, to design HUGZ and other packaging elements, and to purchase packaging and other products and services from HUGZ, in each case (i) to the extent the applicable functionality is made available to you from time-to-time, and (ii) through the provided functionality of the Service.
1.2. Use of the Service. You agree not to enter or use the Service for any purpose that is not expressly permitted by these Terms of Service, or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the Service including, without limitation, those applicable to the Internet, copyrights and trademarks.
1.3. Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are authorized to provide such information to us so that we may use, process and transfer such personally identifiable information in connection with our provision of Service and any purchase made via the Service, and you assume all responsibility for dissemination and use of the information provided.
1.4. Restrictions. You agree not to, without first obtaining HUGZ’s express written permission, (a) use any of its trademarks as metatags on other web sites; (b) use the Service in any manner that is illegal or impairs the operation of the Service or its availability or usage by others; and/or (c) display any part of the Service in frames (or any content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service, and not to insert any code or product or manipulate the Service in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Service. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Service except for customary search engines used in accordance with automated instructions directed to search engines and available on the Service.
2. The Service .
2.1. General. Portions of the Service available to different users may vary. No user has access to all portions of the Service. You agree not to use or access, or attempt to use or access, any portion of the Service for which you are not intentionally given access to by us or the User Account of any other user.
2.2. User Accounts. If you successfully register with our Service, you will be considered a "registered user" of and will have a "User Account" for the Service. You shall not create more than one (1) User Account for yourself.
2.3. Access to your User Account. You may not authorize any other person to enter and/or use your User Account. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your User Account, you will be responsible for all use by that party using your User Account. You agree to (a) immediately notify HUGZ of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your User Account at the end of each session.
3. USER CONTENT
3.1. User Content & User Feedback. "User Content" means all content and information uploaded or otherwise submitted via the Service by you, including content and information uploaded or otherwise submitted in connection with your User Account, excluding User Feedback. User Content includes, without limitation, (1) photographs, and (2) other content that you upload to the Service to design HUGZ and other packaging. “User Feedback” means all ideas, concepts, suggestions, and/or proposals regarding the Service that you submit to HUGZ.
3.2. License to User Content. By uploading or otherwise submitting User Content (including, without limitation, personally identifiable information) to the Service, you shall be deemed to grant to HUGZ, its affiliates and related entities, a perpetual, royalty-free, irrevocable, worldwide, unrestricted, non-exclusive and fully transferable, assignable and sub-licensable license to (a) use, reproduce, modify, store, publish, adapt, create derivative works from, and distribute such User Content (in whole or part) as part of your User Account and any HUGZ or packaging that you design and/or purchase via the Service, and (b) display such User Content (in whole or part) as part of your User Account in the course of providing the Service. HUGZ may also use your User Content for advertising and promotional purposes if it obtains your prior approval.
You further represent and warrant to HUGZ that you have the right to upload or otherwise submit such User Content to us and to grant HUGZ the licenses granted in this section, and that such User Content does not infringe, misappropriate or otherwise violate a privacy right or copyright, trademark, or any other intellectual property right of another.
3.3. No Liability for User Content. You are solely responsible for any User Content that you submit to the Service. We shall not be liable for the use or misuse of any such User Content including, without limitation, any personally identifiable information. You acknowledge that we have no obligation to screen User Content uploaded to the Service. HUGZ may refuse, remove or disable any content, including User Content, that is available via the Service. Without limiting the generality of the foregoing, we may remove any User Content submitted to the Service that HUGZ, in its sole discretion, deems abusive, defamatory, obscene, unlawful or otherwise unacceptable.
3.4. Restrictions on User Content. You agree not to post any User Content to the Service that (a) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, false, hateful, indecent or otherwise objectionable to HUGZ in its sole and absolute discretion, (b) contains false, fraudulent, deceptive or misleading statements, (c) infringes, misappropriates or otherwise violates a copyright or trademark, or any other intellectual property right of another, (d) violates the privacy rights of another, or (e) violates any municipal, state or federal law, rule, regulation or ordinance of any nation, or attempts to encourage such violation.
3.5. Rights you Grant to Us. By submitting Log-in Information to us, you are licensing that Log-in Information to us for the purpose of providing the Service, and granting to us the right to use and store such Log-in Information to provide the Service to you. By submitting Log-in Information to us, you represent that you are entitled to submit it to us for use for the purposes described in these Terms of Service, without any obligation on us to pay any fees or any other limitations. By using the Service, you expressly authorize us to access your calendar and contact information.
When you add Log-in Information for a social media account, the Service will use such Log-in Information to retrieve User Content from your social media account. You hereby authorize and permit us to use and store Log-in Information submitted by you to the Service to accomplish the foregoing. For purposes of these Terms of Service and solely to provide the Service to you, you grant us a limited power of attorney, and appoint us as your attorney-in-fact and agent, to access third party sites, retrieve and use your Log-in Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING CONTENT AND/OR INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
“Log-in Information” means passwords, usernames and other log-in information used to access your social media account from which you would like obtain User Content.
3.6. Assignment of User Feedback. The Service may permit users to provide User Feedback. If you submit any User Feedback, such User Feedback shall be owned exclusively by HUGZ and HUGZ may, in its sole discretion, use and/or disclose such User Feedback for any and all purposes, without any compensation to you. To the extent you have or obtain any intellectual property right in or to any User Feedback, you shall be deemed to assign all right, title and interest therein, if any, to HUGZ as of the date such right first vests in you.
4. Fees and Payment.
4.1. Fees. Unless we agree otherwise in writing, you shall pay to HUGZ any amounts due for any purchases (including, without limitation, sales tax, and any applicable shipping and processing fees) made via the Service in accordance with any fee or payment information posted on the Service, as updated from time-to-time. HUGZ may, in its sole discretion, issue a refund to the credit card or debit card used at the time of purchase.
4.2. Taxes. The sale of products may include sales tax, if applicable. Purchases not subject to sales tax may be subject to use tax and customers may be required to file use tax returns and pay use tax based on their state of residence. You shall promptly pay, and indemnify HUGZ again, all taxes and duties assessed in connection with any purchase made via the Service.
4.3. Payments. All amounts payable hereunder must be made in U.S. dollars. You shall make all payments via credit card, debit card or by other means that we may permit from time-to-time.
4.4. Credit Card Payments. If HUGZ (or its applicable payment processor) does not receive payment from the applicable card issuer or its agents, you agree to pay all amounts due immediately upon demand.
5. Termination & Suspension.
We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Service, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Service is terminated, you will not thereafter access, or attempt to access, the Service, directly or indirectly, and (b) if your authorization to access the Service is suspended, you will not thereafter access, or attempt to access, the Service, directly or indirectly, until your suspension is removed and we give you express notice thereof. Upon any termination or your authorization to access the Service, you agree to immediately pay to HUGZ any amounts which may be owed as the result of your transactions by means of the Service.
6. Linking and Third Party Dealings.
6.1. Links to External Sites. HUGZ may provide hyperlinks to other web sites and Internet resources operated by parties other than HUGZ. HUGZ has no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
6.2. Linking to the Service. Subject to the further provisions of this section 6.2, HUGZ welcomes links to the Service from other web sites. If HUGZ demands that you not link to the Service, or any portion of the Service, you agree that you will not, directly or indirectly, link to the Service or such portion of the Service as directed in our demand, at any time after such demand is made.
7. Intellectual Property.
7.1. General. Except for User Content and content that is in the public domain, the Service and all content, as well as the selection and arrangement of the content, is owned by (or licensed to) HUGZ or its suppliers and is protected by patent, copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in these Terms of Service, all rights in and to the Service and content are expressly reserved by HUGZ.
7.2. Trademarks. HUGZ and the related logos are trademarks of HUGZ, and may not be copied, imitated or used, in whole or in part, without HUGZ’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of HUGZ or its licensors and may not be copied, imitated, or used, in whole or in part, without HUGZ prior written permission.
7.3. Policy, Notices and Procedures Regarding Claims of Copyright Infringement. HUGZ respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 9.3. Pursuant to Title 17, United States Code, Section 512(c)(2), HUGZ designates Copyright Agent as its agent designated to receive notification of claimed copyright infringement (“Designated Agent ”). The address of the Designated Agent is Venci Law, 155 Fleet Street, Portsmouth, NH 03801. The telephone number of the Designated Agent is 603-422-0707. The email address of the Designated Agent is email@example.com.
We may terminate your use and access to the Service (including your User Account) if we believe that you are infringing the intellectual property rights of others or are aiding or threatening such infringement.
8. Indemnification. You hereby agree to indemnify and hold harmless HUGZ and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by any Indemnified Party in connection with any claim arising out of (a) your access and/or use of the Service, (b) any claim that any User Content misappropriates, infringes or otherwise violates any privacy or trademark, copyright, or other intellectual property right of any third party, and/or (c) any breach, or alleged breach, of any of these Terms of Service by you.
9. Disclaimer of Warranties. You expressly acknowledge and agree that your use of the Service is at your sole risk. The Service is provided on an “AS IS”, "WITH ALL FAULTS", and “AS AVAILABLE” basis. HUGZ makes no representations or warranties relating to the Service including, without limitation, representations or warranties that (a) the Service shall meet your requirements, (b) the operation of the Service will be uninterrupted or error free, (c) the Service will be secure; or (d) any defects in the Service will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUGZ HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT HUGZ KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUGZ FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL HUGZ OR ITS LICENSORS BE LIABLE FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OR (B) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THESE TERMS OF SERVICE AND/OR THE SERVICE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF HUGZ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall HUGZ’s total liability to you for any damages arising out of or in any way connected with these Terms of Service or the Service, whether for breach of contract, in tort or otherwise, exceed the greater of (a) ten dollars ($10) or (b) the amount you paid to us, if any, during the three (3) month period immediately before the applicable claims arose.
11. Modifications to the Service. For the avoidance of doubt, HUGZ may modify, suspend, discontinue and/or restrict the use of all or any portion of the Service at any time for any reason (or for no reason) and without notice or liability.
12. Governing Law and Jurisdiction. These Terms of Service, and all matters arising out of or relating to these Terms of Service, shall be governed by the federal laws of the United States and the laws of the State of New Hampshire, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to exclusive jurisdiction and venue in the federal courts sitting in New Hampshire, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in New Hampshire. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. You agree that any cause of action that you may desire to bring arising out of or related to the Service or any purchase made via the Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.
13. General Provisions. If any provision of these Terms of Service is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of these Terms of Service shall remain in full force and effect. No right or remedy conferred by these Terms of Service is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. HUGZ may provide notice to you relating to these Terms of Service by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Service, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Service. A printed version of these Terms of Service and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of HUGZ to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. If HUGZ brings any suit against you to enforce these Terms of Service or otherwise in connection with your use of the Service, you agree that if HUGZ prevails in such suit HUGZ shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service.
© 2017 HUGZ,LLC All Rights Reserved. Patented. Trademarks Pending.