PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS APPLICATION. BY ACCESSING OR USING THIS APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY Hellos (for purposes of these terms and conditions the term “Hellos” includes Hellos’s affiliates, as applicable) FROM TIME-TO-TIME AND POSTED ON THIS APPLICATION.
No Warranties
Although Hellos attempts to provide accurate information, names, images, videos pictures, logos, icons, formulas, documents, and materials (collectively, the “Contents”) on the Application, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE APPLICATION AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE APPLICATION AND ITS CONTENTS IS AT THE USER’S SOLE RISK. THE APPLICATION AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. MOREOVER, ANY PICTURES, VIDEOS, GIFS, DOCUMENTS, OR OTHER MATERIALS PROVIDED ON THE APPLICATION HAVE NOT BEEN REVIEWED, CONFIRMED, OR OTHERWISE AUTHORIZED TO BE IN COMPLIANCE WITH APPLICABLE LAWS IN ALL JURISDICTIONS; THEREFORE, USE OF THE APPLICATION AND ITS CONTENTS IS AT THE USER’S SOLE RISK AND EACH USER IS ENCOURAGED TO SEEK ITS OWN LEGAL COUNSEL TO ENSURE SUCH CONTENTS ARE MODIFIED TO BE SUITABLE FOR THE USER’S INTENDED PURPOSE AND IN COMPLIANCE WITH THE APPLICABLE LAWS OF THE USER’S JURISDICTION. AS NOTED BELOW, Hellos ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY APPLICATION OPERATED BY A THIRD PARTY.
Limitation of Liability
IN NO EVENT WILL Hellos OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE APPLICATION, THE CONTENTS, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS APPLICATION OR ANY APPLICATION OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS APPLICATION OR ANY OTHER APPLICATION, EVEN IF Hellos IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Use of Application
Contents are included in this Application solely for the personal use of Application users. Our services may allow Application users to use this service to upload Contents, as well as to create, post, and share the generated Content. The uploaded and the generated Content is your intellectual property. Hellos does not claim any ownership of the user Content. The Application user hereby grants Hellos a perpetual license to create derivative works from exhibit, broadcast, publicly display the generated Content in any form and in any media or distribution methods. The Application user hereby acknowledges and agrees that Hellos may generate revenues, increase goodwill or otherwise increase its value from user’s use of the Application including but not limited to, through the sale of advertising, sponsorship, promotions, usage data, etc. You warrant that your Content does not and will not violate third party rights of any kind, including, without any limitation, any intellectual property rights or rights of privacy or publicity. You hereby represent that you are the owner of the copyright with respect to all your Content and have the power to grant a license to Hellos as set forth herein.
To the extent Application users copy, modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Application, each such user hereby understands, acknowledges, and reaffirms the “No Warranties” provision set forth herein including, but not limited to, the following: “ANY PICTURES, VIDEOS, GIFS, DOCUMENTS, OR OTHER MATERIALS PROVIDED ON THE APPLICATION HAVE NOT BEEN REVIEWED, CONFIRMED, OR OTHERWISE AUTHORIZED TO BE IN COMPLIANCE WITH APPLICABLE LAWS IN ALL JURISDICTIONS; THEREFORE, USE OF THE APPLICATION AND ITS CONTENTS IS AT THE USER’S SOLE RISK AND EACH USER IS ENCOURAGED TO SEEK ITS OWN LEGAL COUNSEL TO ENSURE SUCH CONTENTS ARE MODIFIED TO BE SUITABLE FOR THE USER’S INTENDED PURPOSE AND IN COMPLIANCE WITH THE APPLICABLE LAWS OF THE USER’S JURISDICTION.”
Alerts. Your enrollment in Hellos email lists (the “Service”) includes enrollment to receive alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about Hellos or your account(s). Alerts are provided within the following categories:
Mandatory Alerts provide you with important account notifications, such as information about changes to your online password or login information.
Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts.
Hellos reserves the right to terminate its Alerts service at any time without prior notice to you.
Limitations. Hellos provides Alerts as a convenience to you for information purposes only. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your internet service provider(s) and other factors outside Hellos’ control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Hellos, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose. As Alerts delivered via email are not encrypted, we will never include your login or account information. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
This Application contains screens that are limited to Application users only, and access restricted through the use of a username and password for reasons of safety and security. Any breach with regard to unauthorized use, release or divulgence of username and password and/or this Application Content, on the part of the users, will result in immediate severability of that account and will be subject to prosecution under the law.
No Unlawful or Prohibited Use
As a condition of your use of the Application, you warrant to Hellos that you will not use the Application for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Application in any manner which could damage, disable, overburden, or impair the Application or interfere with any other party’s use and enjoyment of the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Application. Additionally, you will not: Engage in any harassing, threatening, intimidating or stalking conduct; Use our services in any manner that could interfere with disrupt, negatively affect or inhibit the users from fully enjoying our services that could damage, disable, overburden or impair the functioning of our services in any manner, including by submitting a virus, worm or trojan horse; Attempt to circumvent any measure employed to limit access to any part of our services or attempts to access any feature or area of our services that you are not authorized to access.
You may not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application, or to any Application server, or to any of the services offered on or through the Application, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of Hellos, including any Application account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Application.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Hellos’s systems or networks, or any systems or networks connected to the Application. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person’s use of the Application. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Hellos on or through the Application or any service offered on or through the Application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Hellos reserve the right to monitor all user content posted on the Application. Hellos may, in its sole and absolute discretion, remove any user content that contains illegal content, viruses, spyware and malware, pornographic material, defamatory or violent or hate oriented content or other content which may harm Apps.
Objectionable Content Policy
Hellos maintains a zero tolerance policy regarding objectionable content. Objectionable content may not be uploaded or displayed to the extent such content includes with, or, alongside any objectionable content.
Objectionable content includes, but is not limited to:
(i) Sexually explicit materials;
(ii) Obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity;
(iii) Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right or that is deceptive or fraudulent;
(iv) Content that promotes the use of sale of illegal or regulated substances tobacco products, ammunition and/or firearms;
(v) Gambling, including without limitation, any online casino, sports books, bingo or poker
Any user can flag content they deem objectionable for review. Content will be moderated by Hellos to ensure the timely removal of any and all objectionable content. User accounts, which have been confirmed responsible for posting objectionable content, will be restricted from access to the Hellos app.
Content Restrictions
You may not submit any content that:
Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Is sexually explicit or promotes a sexual service;
Is defamatory;
Is harassing or abusive;
Contains hateful or discriminatory speech;
Promotes or supports terror or hate groups;
Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
Exploits or endangers minors;
Depicts or encourages self-harm or suicide;
Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
Contains false or misleading information about voting;
Contains conspiracy-related content where the underlying conspiracy theory makes claims that(1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or Violates any applicable law.
Monitoring of content.
Hellos reserves the right to view/monitor/remove any user content it finds in violation of its content restrictions or its objectionable content policy at its sole discretion included but not limited to any illegal content, viruses, spyware and malware, obscene or pornographic materials, libelous, defamatory, violent or hate-oriented content, promotes any commercial activities, or any other content that may harm hellos ,its business or reputation.
If any user has noticed any violations or has come across any objectionable content can contact us by our in app report form and we will be reviewing/removing the reported content within 24 hours. If we found the content violating our policies we will be removing the content as well as ejecting/blocking the user from hellos permanently.
CONTENT
Except where otherwise expressly noted or as noted below, all Contents of this Application, including the graphics, icons and overall appearance of the Application, are the sole and exclusive property of Hellos, and/or its subsidiaries or affiliates. The posting of the Contents of this Application neither constitutes a waiver of any of Hellos’s proprietary rights or any other party’s proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Application user or to any third party. Contents of this Application are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the Application.
Hellos encourages the development of professional relationships with recognized institutions and other business entities, and as such establishes authorized unilateral or bilateral links to their Applications. However, Hellos reserves the right to restrict the use of its name or any unauthorized links to this Application, in any form or for any purpose, without the express written consent of Hellos. Any third party wishing to establish a professional or business relationship with Hellos, and establish authorized unilateral or bilateral links to each other’s Application should contact Hellos.
Hellos does not claim any rights whatsoever to the original pictures, gifs, logos and videos or other intellectual property displayed on the Application contained in the pre-sets catalogue. The Contents of the pre-sets catalogue is only for the purpose of transformation work on the terms set out herein. You shall not use such Content otherwise than as allowed by the fair use dealing doctrine. You hereby acknowledge that you are solely responsible for the uploaded Content and generated Content, as well as any consequences of publicly posting and sharing such Content, including, but not limited to, any claims, costs, losses, damages and expenses, judgements and any other possible conflict, disputes or arising out or related to your Content.
USER CONTENT
Our Services may allow you to use the Services with the Uploaded content, as well as to create, post, store and share the Generated content. The Uploaded and the Generated content is your intellectual property. Except for
the license you grant below, you retain all rights in and to your content. HELLOS does not claim ownership of any user content.
You hereby grant HELLOS a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use in any way, display, reproduce, modify, adapt, edit, publish, and distribute Uploaded and Generated content. This license is for the limited purpose of operating, developing, providing, and improving the Services, and displaying Uploaded content in the library for the User’s repeated use.
The Generated content may be public, so the license you grant us for this content is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, exhibit, broadcast, publicly perform, and publicly display the Generated content in any form and in any and all media or distribution methods.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Application, including, but not limited to, through the sale of advertising, sponsorships, promotions, usage data. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any user content or your use of any materials made available to you on or through the Application, including in any user content created by you, and (ii) are prohibited from exercising any rights to mone-tize or obtain consideration from any User Content within the Services or on any third party service.
You warrant that your content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy or publicity. You hereby represent that you are the owner of the copyright with respect to all your content and have the power to grant the license to Hellos as set forth herein.
You hereby acknowledge that you are solely responsible for the Uploaded content and Generated content, as well as any consequences of publicly posting and sharing such content, including, but not limited to any claims, costs, losses, damages, expenses, judgments, any other possible conflicts, disputes, contretemps or issues arising out of or related to your content.
You hereby acknowledge that you are entitled to delete any of the Uploaded content from your profile gallery, but it shall not cause revoking of the license granted to Hellos.
If you share the Generated content publicly through the Services
or in any other way, you acknowledge that such content will be accessible to others. Any content will be considered non-confidential and non-proprietary. You must not post any content
on or through the Services or transmit to us any content that you consider to be confidential or proprietary. Please do not publicly post or submit any user content that you do not want to be publicly accessible or viewable, or that you do not have rights to post.
Links to Other Applications
Hellos may establish links between this Application and one or more Applications operated by third parties. Hellos has no control over any such other Applications or the contents therein. The existence of any such links shall not constitute an endorsement by Hellos of such Applications, the contents of the Applications, or the operators of the Applications.
Transmissions from this Application
All transmissions from this Application directed to Hellos, with the exception of emails sent from other than Hellos servers, are sent in a secure form and may or may not be immediately received by the appropriate business unit at Hellos. Any transmission to this Application, including email shall be deemed and remain the property of Hellos. Hellos shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by an Application user to Hellos through this Application.
Required Equipment Disclaimer of Liability
Use of the Services requires a smart phone/computer and modem (in this Agreement, your smart phone, computer and all related equipment are referred to as your “Computer”) connected through an Internet Service Provider with a Web browser. To provide the highest degree of confidentiality and security, we highly recommend the use of browsers that provide encryption using a 128-bit key. The higher the level of encryption, the harder it is for unauthorized persons to access information. Commercial off-the-shelf browsers typically support 40-bit encryption. Many browser suppliers offer special 128-bit encryption versions, available for download from their respective Applications. We require you to protect your personal information by using the most secure encryption possible, and we specifically disclaim any and all responsibility for losses resulting from your use of 40-bit encryption. Use of the Services cannot be achieved with 40-bit encryption.
Materials Provided to the Application
Hellos does not claim ownership of the materials you provide to the Application (personal information, videos, pictures, etc.) (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Hellos, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of the Application, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Hellos is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Hellos’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Application, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the Application or for any service offered on or through the Application, the latter terms shall control with respect to your use of that portion of the Application or the specific service. Hellos’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Application should be construed to alter such agreements. Hellos may make changes to any products or services offered on the Application, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Application with respect to products and services may be out of date, and Hellos makes no commitment to update the materials on the Application with respect to such products and services.
Modifications
Hellos may at any time make modifications, upgrades, changes, and alterations to the Contents of this Application, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Application following any modifications, upgrades, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
Hellos reserves the right to terminate an account, shut down this Application, or restrict access to all or part of this Application to any or all persons, for any reason, at its sole discretion.
Governing Law; Venue
These Terms and Conditions will be governed by and be interpreted pursuant to the laws of the State of Califonia, United States of America, notwithstanding any principles of conflicts of law. Any action or suit concerning this Agreement must be brought within two (2) years after the alleged breach of this Agreement, and the Parties hereby waive any statute of limitations to the contrary.
