Hsyndicate B.V. ("Hsyndicate," "we," or "us") operates several websites and offers each website subject to the following Terms of Use ("TOU").
Some of those websites are listed below:
All references in these TOU to the "Site" are deemed to refer to the website that you are visiting,
including all functionality and services available through that website.
YOUR USE OF THE SITE, OR ANY PART THEREOF, CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU.
If you are using the Site in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you hereby affirm that you are authorized to represent such person or entity and, in that capacity, you agree that the person or entity that you represent will be bound by these TOU. You further represent and warrant that you are of legal age to form a binding contract, and that no legal reason exists that we should deny you access to the Site.
Because we may modify the TOU from time to time without notice to you, we encourage you to read these TOU from time to time to ensure that you are aware of your current rights and responsibilities. Any changes we make to these TOU will be effective immediately after we post modified TOU, notwithstanding the possibility that you may have a previous version cached on your browser. The TOU that apply are the most recent version of the TOU that appear on a non-cached browser. Your continued use of the Site after changes to these TOU have been published constitutes your binding acceptance of the updated TOU.
If, at any time, these TOU are no longer acceptable to you, you should cease using the Site immediately.
In addition to these TOU, certain services offered for purchase or use through the Site are subject to their own terms and conditions. Please be sure to review the applicable terms and conditions when purchasing or using such services. To the extent that there is a conflict between any terms of these TOU and the terms and conditions specific to such services, the service-specific terms and conditions will govern and control. Certain services provided by Hsyndicate and its affiliates (including MultiVu, as applicable) are subject to Hsyndicate's General Terms & Conditions, together with one or more of the service-specific supplements, which can be found at https://www.hsyndicate.org/terms.html.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations. You agree to abide by all such laws and regulations, including those relating to intellectual property, defamation, privacy, and the transmission or exportation of data.
You agree that you will not do or assist any third party to do, any of the following:
You further agree that you will not use the Site to:
In the course of using the Site, you may submit or disseminate certain information or content, and you may receive or access information or content submitted or disseminated by others. Such information and content typically falls into one of three categories:
Throughout these TOU, when we refer to information or content "submitted by you" or "submitted by another Site user," we are referring to any and all types of information and content submitted, posted, uploaded, displayed, performed, transmitted, disseminated, or otherwise made available, whether on, or through, or in connection with the Site, including: (i) in a user account registration; (ii) in a profile; (iii) in communications (such as queries, alerts, advisories, opportunities or responses to any of the same) transmitted to or through the Site; or (iv) in postings (such as forum, chat room, news group, community or message board and blog postings.
When we refer to information or content "provided by Hsyndicate," we are referring to any and all types of information and content submitted, posted, uploaded, displayed, performed, transmitted, disseminated or otherwise made available by Hsyndicate on the Site other than information and content submitted by you or another Site user, including information and content provided by our employees, moderators, contributors, suppliers and customers, whether on, or through, or in connection with the Site, including: (i) Site content; (ii) articles contributed by our contributors; and (iii) news releases and other information and content issued by our customers.
Regardless of the manner in which Site content is accessed by you, you hereby agree to abide by these TOU with regard to all information and content submitted by you, as well as all information and content submitted by another Site user, and all information and content provided by Hsyndicate.
In addition to generating information about the information or content that you submit, we may also generate information about how you use the Site (e.g., user analytics). We encourage you to read our Privacy Policy, which explains the personal information we collect, how we use it, and what choices you have in connection with the use of your personal information.
News releases and all photos, videos and any other related multimedia assets (collectively, the "News Release Content") distributed by Hsyndicate on behalf of its customers and posted on the Site may be used for editorial use only, meaning news, factual, educational, public interest, informational and/or historical purposes. News Release Content may not be used for commercial use, meaning advertising, marketing, merchandising, promotional or in any way endorsing goods or services. Except as otherwise provided in these TOU or as otherwise expressly permitted by Hsyndicate in advance in writing, News Release Content may not be republished, saved, archived, copied, streamed or redistributed without Hsyndicate's prior written consent. In connection with editorial use of photographs, you must: (i) use each photograph only within the context of the news release with which it was distributed; (ii) include any captions and/or text associated with each photograph, including links, if required in the metadata; (iii) include the credit line set forth in the metadata for each photograph, and if no credit line is included, then provide credit to "Hsyndicate," in either case with such credit appearing immediately adjacent to the News Release Content and in a clear and conspicuous manner comparable to the credit customarily provided to licensors of similar content; (iv) if present, display the copyright notice included in the metadata for each photograph; and (v) follow any other instructions contained in the metadata for each photograph, including without limitation the term of any license period, territory or media restrictions. In connection with editorial use of photographs, you may not: (i) alter, rotate, manipulate, or crop the photograph in any manner that alters the editorial integrity or essential nature of the photograph; (ii) use the photograph in any manner that is obscene, pornographic, defamatory, or otherwise objectionable; or (iii) violate any laws, regulations or industry codes of practice. Hsyndicate is not responsible for News Release Content in any way, including without limitation, any copyright, trademark, publicity, privacy, contract or other rights clearance, or the accuracy, timeliness, integrity, quality, safety, appropriateness or other aspect of any information or other content contained therein. You are solely responsible for verifying the accuracy and completeness of News Release Content, and for determining if any permissions are necessary to use the News Release Content, and, if so, for securing those permissions prior to your use of the New Release Content. If you choose to rely on or otherwise use News Release Content in any way you do so solely at your own risk and without any representation or warranty whatsoever from Hsyndicate, its affiliates or its service providers.
You agree to provide true, accurate, current and complete account information, and to promptly communicate any updates of that information to Hsyndicate.
You are responsible for keeping your login credentials confidential. You may not share your username or password with anyone. You may not transfer your registration, username or password to any other person or entity or otherwise permit anyone to access or use your account.
You are solely responsible for any account information submitted, as well as any other activity that takes place on or through your account. Any information or content submitted on or through your account is deemed to have been submitted by you.
If you become aware that your account may have been breached or compromised in any way, you agree to immediately: (i) change your username and/or password, if possible; and (ii) notify us at helpdesk(at)hsyndicate.com.
You agree that you are solely responsible for all information and content that you submit to or through the Site.
You represent and warrant that you will not submit information or content that contains any material that:
You further represent and warrant that:
You agree not to submit information or content:
You agree that we may, in our sole discretion and without prior notice to you, edit, move, refuse or remove any such information or content, and take any other action permitted under these TOU.
You acknowledge that Hsyndicate has no responsibility or liability for the actions of other users of the Site, including actions another user may take or fail to take with respect to information or content that you submit to the Site. Please exercise appropriate caution when posting or communicating any information or content to the Site, or when using any information or content posted, communicated or otherwise submitted by another Site user to or through the Site.
Subject to the restrictions regarding the collection and use of your personal information detailed in our Privacy Policy, you specifically grant to Hsyndicate and its affiliates and service providers a perpetual, worldwide, royalty-free, irrevocable, assignable, sublicensable, non-exclusive right and license to:
Although we may, from time to time, use administrators to monitor the information or content posted by Site users, we cannot and do not monitor or review all information or content that is submitted to or through the Site. Information and content submitted or otherwise provided by users of the Site are the sole responsibility of the user that provided the information or content and you acknowledge that Hsyndicate is not responsible for the accuracy, timeliness, integrity, quality, safety, appropriateness or any other aspect of such information or content, for any links, products or services offered, advertised or provided by any user of the Site, or for any actions of any other user of the Site. If you choose to use or rely on such information or content, you do so solely at your own risk and without any representation or warranty whatsoever from Hsyndicate, its affiliates or its service providers.
We do not verify, endorse, or vouch for any information or content submitted by Site users, or verify the identity, credentials, affiliations or expertise of Site users. We encourage you to consider carefully the source of all information and content accessed on or through the Site and the factors that may influence or motivate that source, and to be cautious about any and all statements and opinions expressed by Site users.
In using the Site, you accept the risk that you may be exposed to information or content that you find offensive, indecent, dangerous, harmful or otherwise objectionable, and acknowledge that information and content submitted by other Site users are not from and may not reflect the views of Hsyndicate.
We recommend that you take reasonable precautions with regard to any information or content from other users of the Site that you choose to download (for example, scanning for viruses), and links that you choose to click through. If you choose to receive, copy or download information or content, or click through links, submitted by another user, you do so at your own risk.
You agree not to republish, upload, post, transmit or distribute information or content submitted to the Site by other users, without the prior written approval of the owner of such information or content.
Content available through the Site may contain links to other Internet websites (including links provided by Hsyndicate on its own behalf or on behalf of Hsyndicate customers). We neither control nor endorse such other websites, nor have we reviewed or approved any information or content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, quality, safety or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. We recommend that you take reasonable precautions with regard to any links that you choose to click through (including any information or content that you choose to download through those links (for example, scanning for viruses)), as you do so at your own risk.
For the purpose of these TOU, we consider any information or content on the Site that is not submitted by you or another Site user to be information and content provided by Hsyndicate. This includes (i) information and content generated, licensed, or otherwise supplied by Hsyndicate (including everything from the design elements of the Site to comments, posts and articles contributed by Hsyndicate's moderators and contributors); and (ii) news releases, photographs and other information and content issued by Hsyndicate customers.
Hsyndicate does not guarantee the accuracy, timeliness, integrity, quality, safety, appropriateness or any other aspect of any information or content provided by Hsyndicate. Posted information and data may not be complete, timely or accurate, and should not be relied upon. We will, however, use reasonable efforts to correct any error of fact, timing or omission brought to our attention.
You hereby acknowledge that the views expressed by contributors are their own opinions, not the views of Hsyndicate, and that different contributors may espouse conflicting opinions.
You further acknowledge that issuers of news releases, including those with accompanying images and video, are solely responsible for the facts and accuracy of, and for obtaining all rights to, information and content submitted by them for transmission by Hsyndicate, and that Hsyndicate has no liability therefor.
You acknowledge that while information and content on the Site may relate to public companies, securities, commodities, trading or personal investing, no information or content provided on or through the Site (including opinions expressed by Hsyndicate's moderators and contributors) constitutes a recommendation to buy or sell any particular investment, security, portfolio of securities, or that any transaction or investment strategy is suitable for any particular person. To the extent any of the Site information or content may be deemed to be investment advice, such information is not personalized to the specific investment needs of any particular person. We encourage you to consult an investment professional before making any investment decisions.
Except as otherwise explicitly stated elsewhere on the Site, any stock quotes provided are at least 20 minutes delayed, and are not intended to be relied upon for investment purposes. We do not guarantee the accuracy or integrity of this information. Before selling or buying any investment, you should consult with a qualified broker or other financial professional to verify pricing and other material information.
To the extent that the Site includes a model portfolio or actual portfolio of investments, your actual results may differ from results reported for the portfolio for a variety of reasons, including trading commissions not reflected in the portfolio, and market factors, such as lack of liquidity, timing of purchase, and frequency of trading. Statements of past results are not indicative of future performance.
Except with respect to information and content submitted by you, as between you and Hsyndicate, all information and content provided by Hsyndicate, including information and content submitted by Hsyndicate's content suppliers, customers, contributors and moderators, all proprietary elements and aspects of the Site and any proprietary material generated or derived from the same (including software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, information, the compilation of all information and content on the Site, the selection, sequence and "look and feel" and arrangement of items), and all trademarks, service marks and trade names used in association with the Site (individually or collectively, "Hsyndicate Materials"), are the exclusive property of Hsyndicate. All other trademarks, service marks, trade names, trade dress and logos appearing on the Site are the property of their respective owners.
Except as otherwise permitted herein or by Hsyndicate in advance and in writing, you may access and use the Hsyndicate Materials, and download or print out a single copy from the Site, solely for your personal, noncommercial use.
Except as expressly permitted herein, you may not reproduce, modify, create derivative works from, display, perform, publish, distribute (including any electronic redistribution or database storage and retrieval), disseminate, broadcast or circulate to any third party (including on or via a third party website), or otherwise use, any Hsyndicate Materials, in full, in part, in full text or in abstract, without the express prior written consent of Hsyndicate.
You may not alter, delete or conceal any copyright, trademark or other notices contained on the Site, including notices contained within or together with any Hsyndicate Materials.
Any unauthorized or prohibited use of the Site, any Hsyndicate Materials or other proprietary material may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws and regulations, as well as foreign laws, regulations and treaties. You are solely responsible for determining and confirming your compliance with all laws and regulations applicable to use of Hsyndicate Materials in a jurisdiction, including without restriction all laws and regulations applicable to intellectual property rights. Your use of Hsyndicate Materials is at your own risk and without any representation or warranty whatsoever from Hsyndicate, its affiliates or its service providers.
Inquiries concerning the use of Hsyndicate text, photos, images, video, audio and other content should be addressed to
Hsyndicate B.V.
Boschcour 54
6221 JR Maastricht
The Netherlands
Hsyndicate may from time to time conduct promotions including contests and sweepstakes ("Promotions"). Each Promotion is offered subject to additional terms and conditions, which will be posted or otherwise made available to you.
Hsyndicate is a leading media communication technology and analytics company that enables marketers and communicators to effectively manage their earned media programs in coordination with paid and owned channels to drive business impact. As used in this Privacy Policy, the terms "Hsyndicate", "we" and "us" refer to Hsyndicate US, Inc. and its divisions and affiliates, including PR Newswire Association LLC, Bulletin Intelligence and MultiVu. Hsyndicate is committed to protecting and respecting your privacy.
This Privacy Policy describes how we collect, use, protect and share information about you that we obtain when you use our Services or otherwise communicate with us. Our "Services" include (i) our US websites (e.g., Hsyndicate and Hospitality Net) that post this Privacy Policy (collectively, the "Websites"); (ii) our mobile apps; (iii) other online products and services provided by us through our Websites or mobile apps; and (iv) databases, distribution services, articles, surveys, newsletters, webinars, media monitoring, and/or analytic reports. Note to Journalists, Experts and PR Professionals: News and journalism are public activities. Your name, business contact details, and professional interests and affiliations may already be publicly available, particularly if you are a journalist, a recognized expert, or a PR professional. We have created this Privacy Policy because we recognize that, even in a business context, you may have a need and expectation that your identity and interests be kept anonymous or private in certain circumstances. We want to be clear about when and how we protect that expectation..
Please read this Privacy Policy carefully to understand how we will treat your information before you start to use our Services or communicate with us about them. By using our Services, or communicating with us about them, you are accepting and consenting to the practices described in this Privacy Policy, including any updates and amendments. If you do not agree to the terms of this Privacy Policy, you must not access or use our Services or communicate with us about them. Your use of our Services and any dispute over privacy is subject to this Privacy Policy and any applicable Terms of Use, including any terms available at Hsyndicate and Hospitality Net and/or any other agreements. In the event that the provisions of any such agreements differ from or conflict with the provisions of this Privacy Policy, the applicable terms or agreement will apply.
Please click on the sections below to learn more about our Privacy Policy:
How We Collect Information from You
Information You Provide to Us
We collect information that you provide directly to us, including when you register for or order a Service; when a company, organization or individual authorizes you to manage its account or use our Services on its behalf; and/or when you subscribe to a newsletter, provide feedback about our Services or contact us with questions or comments about a Service.
Information We Collect Through Your Use of our Services
We collect certain technical information using cookies and other tracking mechanisms to help us operate and provide our Services to you. This information includes, without limitation:
If you decline to have us collect such information (for example, by disabling cookies; see Cookies & Other Tracking Mechanisms below), we may not be able to provide our Services to you.
Information We Collect about You from Third Parties
Our Services may also, from time to time, contain links to and from social media platforms. You may choose to connect with us through a social media platform and when you do, and to the extent available, we may collect additional information from you, such as your user names, profile picture, contact information, contact list, and the profile pictures of your contacts, through the social media platform. Please be advised that social media platforms may also collect information from you. We do not have control over the collection, use and sharing practices of social media platforms and encourage you to review their usage and disclosure policies and practices, including the data security practices, before using the social media platforms.
We may combine the information we collect about you from the various sources described above.
How Your Information May Be Used
We may use any information we collect, including personal information and technical information, as described to you at the time of collection, for the following purposes:
We may also create aggregate or anonymous information about your and other users' use of our Services for purposes similar to those listed above.
How Your Information May Be Shared
We will not sell your personal information or share your personal information with third parties for the third party's own direct marketing purposes.
We may share any information, including personal information as follows:
We may also share aggregate or anonymous data for marketing, advertising, research, compliance, or other purposes.
In the event that we receive a request from a governmental entity to provide it with your personal information, we will take reasonable attempts to notify you of such request, to the extent reasonably possible and legally permissible.
We may also combine technical information or non-Personally Identifiable Information about your use of our Services with similar information that we obtain from other users to use in an aggregate or anonymous manner for similar purposes.
Cookies & Other Tracking Mechanisms
We may use cookies, beacons and similar technologies, now or in the future, to support the functionality or track usage of our Services. This provides a better experience when you use our Services and allows us to improve our Services.
Do Not Track Disclosure
Some browsers support a "Do Not Track" feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Our Services do not currently change the way they operate based upon detection of a Do Not Track or similar signal. You may, however, disable certain tracking as discussed in the Cookies & Other Tracking Mechanisms section above (e.g., by disabling cookies). You also may opt out of certain behavioral advertising by following the instructions in the Your Choices section below.
Your Choices
Securing Your Information
The security of your information is important to Hsyndicate, and we have implemented administrative, technical, and physical safeguards designed to protect personal information against theft or misuse. Unfortunately, no system can guarantee complete security of your information. As a result, while we strive to protect your personal information from unauthorized third parties, Hsyndicate cannot ensure or warrant the security of such information. Thus, your use of the Services and communications with us is at your own risk. You are responsible for protecting your username(s) and password(s) and for the security of information that you transmit to us over the internet.
Children
Our Services are directed to working professionals. Our Services are not intended for children under 13 years of age or the relevant age of majority, and we do not knowingly collect personal information from children under that age. If you are under 13 years of age or the age of majority, you are not permitted to submit any personal information to us.
Third-Party Information Collection
Our Services may contain links to third-party websites and services, including those of social media platforms, partner networks and advertisers. Please note that these websites and services may have their own privacy policies. We do not accept any responsibility or liability for the policies of any third parties. If you chose to access any websites or services linked from our Services, please check the applicable policies before you use or submit any personal information to such website or service.
Third parties unaffiliated with us may also collect information about you, including tracking your browsing history, when you use our Services. We do not have control over these third-party collection practices and advise you to adjust the settings of your browsers or install plug-ins and add-ins if you wish to minimize these third party collections.
Changes to Our Privacy Policy
We may change this Privacy Policy from time to time to align with changes to our business practices and/or changes to our legal requirements. We will post the updated Privacy Policy on this page, and will indicate that the updates have been made by changing the effective date first written above. We urge you to check back periodically to see whether there have been updates to our Privacy Policy.
Your continued use of the Services or communication with us about the Services after the updated Privacy Policy has been posted (or any other indication of your consent) will constitute your acceptance of the updated Privacy Policy.
Please note that we may condition your continued access to our Services on your consent to changes to this Privacy Policy.
Personal Information Received from the EU/EEA and/or Switzerland
Personal information is transferred to Hsyndicate in the US from the EU under one of the following scenarios:
Hsyndicate has the right, but not the obligation, to take any of the following actions at any time without notice to you:
We may take any of the above actions for any reason, including: (i) suspicion of a breach or violation of these TOU or incorporated policies, guidelines and limits; (ii) a request by law enforcement or another government agency; (iii) a request by you; (iv) discontinuance or modification of the Site (or any part thereof); (v) to protect the rights, property or personal safety of the third parties; or (vi) in response to technical or security issues or problems affecting the Site.
In addition, if you select a username that Hsyndicate deems, in its sole discretion, to be potentially misleading, infringing, obscene, threatening, offensive, harassing, defamatory, invasive of another's privacy, or is otherwise objectionable or inappropriate, we may, without prior notice to you, change your username or take any of the above-listed actions.
Once an account has been deactivated (for whatever reason), all information, files and other contents stored in that account may be irretrievably deleted without notice to you, and Hsyndicate shall have no further obligation to you.
We reserve the right without any liability to you to take whatever actions that we deem necessary in our sole discretion to investigate any suspected illegal and/or unauthorized use of the Site, or any breach of these TOU, and, in addition to those actions listed above, to take appropriate legal action against you, including without limitation seeking civil, criminal and injunctive relief.
You agree that if your Site user account is terminated for any reason, you will not attempt to establish a new account or otherwise post content under any name, real or assumed.
We reserve the right to change the Site (including changing or discontinuing any services and functionality offered, in whole or in part) at any time for any reason at our discretion without notice or liability to you.
You hereby agree to indemnify, defend (except as set forth below), and hold Hsyndicate, its parent, subsidiaries, affiliates, content suppliers and customers, and its and their respective officers, directors, owners, employees, agents, representatives, vendors, service providers and licensors, and its and their respective successors and assigns harmless from and against any and all liability, loss, damage, judgment, cost and expense (including attorneys' fees and costs), incurred in connection with any claim, action, or proceeding brought by a third party based upon or arising out of your use of the Site, your use of any Hsyndicate Materials, the information or content you submit to or through the Site, or your violation or alleged violation of these TOU or the rights of any other user, person or entity (an "Indemnified Claim").
Hsyndicate reserves the right to assume the defense and control of any Indemnified Claim, and all negotiations for settlement or compromise thereof, and you agree that you will, if and as requested by Hsyndicate, fully cooperate with Hsyndicate in the defense of any such Indemnified Claim in addition to your other indemnity obligations hereunder.
THE SITE AND ALL HSYNDICATE MATERIALS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HSYNDICATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS (THE "HSYNDICATE PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES (I) WARRANTIES OF TITLE AND NON-INFRINGEMENT, (II) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, (III) WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, TIMELINESS, QUALITY, SAFETY OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE, (IV) WARRANTIES THAT THE SITE WILL BE AVAILABLE FOR USE, UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS OF THE SITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED, (V) WARRANTIES THAT THE SITE (INCLUDING FILES AVAILABLE FOR DOWNLOAD FROM OR THROUGH THE SITE) OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE, OR STATEMENT OF Hsyndicate OR ITS AFFILIATES, SUPPLIERS, AGENTS, CUSTOMERS, OR USERS, WHETHER MADE IN THESE TOU, ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SITE AND ANY AND ALL INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL HSYNDICATE OR THE HSYNDICATE PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR YOUR USE OF OR RELIANCE ON ANY INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE.
UNDER NO CIRCUMSTANCES SHALL HSYNDICATE OR THE HSYNDICATE PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH ANY MISREPRESENTATION OR OTHER BREACH OF THESE TOU BY ANOTHER USER, OR ANY COMMUNICATION, ACTIVITY, BUSINESS DEALING OR TRANSACTION BETWEEN YOU AND ANY OTHER THIRD PARTY.
THE HSYNDICATE PARTIES SHALL HAVE NO LIABILITY FOR, AND YOU AGREE TO WAIVE ANY AND ALL RIGHTS AGAINST THE HSYNDICATE PARTIES AND HOLD THE HSYNDICATE PARTIES HARMLESS IN CONNECTION WITH, ANY CLAIMS RELATING TO (I) ANY ACTION TAKEN OR NOT TAKEN BY THE HSYNDICATE PARTIES AS PART OF AN INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TOU, AND (II) ANY STEPS TAKEN OR NOT TAKEN BY THE HSYNDICATE PARTIES IN RESPONSE A CONCLUSION THAT A VIOLATION OF THE TOU HAS OCCURRED OR NOT OCCURRED.
REGARDLESS OF THE FORM OF ACTION, WHETHER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE, IN NO EVENT SHALL THE HSYNDICATE PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGE OR EXPENSE, INCLUDING LOSS OF BUSINESS, LOST PROFITS OR OTHER ECONOMIC DAMAGE OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY HSYNDICATE MATERIALS, OR ARISING FROM ANY OTHER CAUSE, EVEN IF THE Hsyndicate PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGE OR EXPENSE.
THE HSYNDICATE PARTIES' TOTAL CUMULATIVE LIABILITY TO YOU ON ACCOUNT OF ANY AND ALL CLAIMS AND ACTIONS OF ALL KINDS, INCLUDING TORT, CONTRACT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY ARISING IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITEOR ANY HSYNDICATE MATERIALS, OR ARISING FROM ALL OTHER CAUSES, SHALL NEVER EXCEED THE GREATER OF THE TOTAL AMOUNT PAID TO THE HSYNDICATE PARTIES BY YOU, IF ANY, FOR ACCESS TO THE SITE IN THE CURRENT CALENDAR YEAR AND ONE HUNDRED DOLLARS ($100.00).
NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY, NOTHING IN THESE TOU EXCLUDES OR LIMITS THE HSYNDICATE PARTIES' LIABILITY FOR ANY CLAIM THAT, BY LAW, CANNOT BE EXCLUDED OR LIMITED.
The 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 U.S. copyright law. See http://loc.gov/copyright/ for the most current statutory requirements.
If you believe, in good faith, that any materials posted on the Site infringe your copyright, please contact us promptly so that we may take appropriate action.
In order for us to respond to your claim of infringement, you (or your agent) must provide us, in writing, with the following information:
The above information should be provided to Hsyndicate's agent for notice of claims of copyright infringement, who can be reached by clicking here or sending the requested information as follows:
By mail
Hsyndicate B.V.
Boschcour 54
6221 JR Maastricht
The Netherlands
Please note that you will be liable for damages (including attorneys' fees and costs) if you materially misrepresent the nature of your rights or the nature of the alleged infringement.
It is Hsyndicate's policy to terminate the user accounts of repeat infringers or otherwise take reasonable steps to prevent such users from continuing to post.
General. This Site is created, controlled and operated by Hsyndicate in the United States, and is intended for use by residents of the United States, its territories and possessions who are at least 18 years of age or older.
Amendment. Any amendment to these TOU offered by you must be in writing and signed by Hsyndicate.
Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You have the right to request that we provide such notices to you in hard copy, and may do so by contacting us at Hsyndicate, 350 Hudson Street, New York, New York 10014, Attn: General Counsel. If you are a California resident, you may have notices e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request that notices be e-mailed. If you do not provide us with accurate information and update it, as necessary, we cannot be held liable for a resulting failure to notify you.
Cumulative Rights. Except as otherwise provided herein, no rights or remedies of Hsyndicate in these TOU are exclusive, but are cumulative of all other rights and remedies.
Assignment. The rights and obligation of Hsyndicate under these TOU may be assigned or delegated, in whole or in part, by Hsyndicate to an affiliate or a third party in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or delegate these TOU, in whole or in part, and any attempt to do so will be null and void.
Choice of Law & Forum. The formation, construction and interpretation of these TOU and all disputes arising out of or relating hereto shall be governed by and construed in accordance with the laws of the State of New York, giving no effect to conflict of law principals. The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded from any interpretation of these TOU. Any dispute relating to these TOU shall be subject to the exclusive jurisdiction of the state and federal courts in New York, New York, U.S.A. The parties agree to submit to the personal and exclusive jurisdiction of these courts, and to waive any objections to jurisdiction, venue or forum.
Construction. In these TOU, unless otherwise specified: (i) "herein," hereof," "hereunder," "hereto," and similar terms, refer to these TOU as a whole and not merely to the specific section, paragraph or clause in which the respective word appears; (ii) any defined terms may, unless the context otherwise requires, be used in the singular or the plural; (iii) "or" connotes any combination of all or any of the items listed; and (iv) where "including," "include" or "includes" is used to refer to an example or begins a list of items, such example or list shall not be exclusive.
No Third Party Beneficiaries. Except for Hsyndicate's affiliates, and the suppliers and vendors that support the Site, there are no third party beneficiaries of these TOU.
Headings. Headings and captions contained in these TOU are included for convenience only, and are not intended to define or govern the interpretation of any section or provision hereof.
Waiver. The failure of Hsyndicate to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision, and no waiver by Hsyndicate of a breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Severability of Terms. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed deleted from the TOU and replaced with a provision that approximates, as nearly as possible, the intent of the offending provision while remaining valid, legal and enforceable. All other provisions of these TOU shall remain in full force and effect.
If you encounter any problems with or have any questions about the Site, Hsyndicate Materials, or these TOU, you may contact us via this form.
For legal notices, please contact us in writing at Boschcour 54, 6221 JR Maastricht - The Netherlands.
Copyright © 2018 Hsyndicate B.V.