User Agreement – Legal Terms and Conditions

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HDGROUP, LLC LEGAL TERMS AND CONDITIONS
Version updated: January 2011

INTRODUCTION

Welcome to the website of HDGroup, LLC (“HDGroup”). Throughout these terms of use and conditions, HDGroup may be referred to herein as “we,” “us,” or “our”.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT TO YOUR CHILD’S REGISTRATION WITH OUR WEB SITE, THEN YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS WITH RESPECT TO YOU AND YOUR CHILD’S USE OF THE WEB SITE.

By using the HDGroup website, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the HDGroup website. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labeled “Amendment.”

In some circumstances, such as subscription-based services, pay-to-play services, rules for particular contests or sweepstakes or other special or temporarily offered services, special terms may apply. The special terms are posted in connection with the available service. Subject to law, the posted terms are additional to these Terms and Conditions, and if there is a conflict there between, the posted terms prevail over these Terms and Conditions.

You acknowledge that these Terms and Conditions are supported by reasonable and valuable considerations, including without limitation your use of the HDGroup website and receipt of data, information and materials made available to you at or through the HDGroup website, as well as the possibility of display of your entry or solicited submission to other users of the HDGroup website.

RESTRICTIONS ON USE OF MATERIALS

All materials contained in any HDGroup website are the copyrighted property of the Hermine Design Group, or its affiliated companies or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to and the property of the Hermine Design Group, or its affiliates or licensees. Unless specifically indicated or agreed to in writing, no material from the HDGroup website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may copy one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download materials to a database that can be used to avoid future downloads from any HDGroup website. The use of any HDGroup material on any other website or computer environment is prohibited without written consent from HDGroup.

From time to time, we offer downloads of software, files, images incorporated in or generated by the software, or data accompanying the software (collectively, Software). If you download such Software, the Software is licensed to you by us or a third-party licensor for your limited, noncommercial home use. No title to or for the Software has been transferred to you.

Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble adapt it, or otherwise reduce the Software to human readable form, except as permitted by applicable law.

IT IS HEREBY ACKNOWLEDGED AND AGREED BY YOU THAT NOTHING IN THESE TERMS AND CONDITIONS SHALL HAVE THE EFFECT OF TRANSFERRING ANY OWNERSHIP OF ANY TRADEMARKS, COPYRIGHTS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS IN THE WEBSITE OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY, NOR TO AUTHORIZE YOU OR ANY THIRD PARTY TO CREATE DERIVATIVE WORKS BASED ON THE CONTENT.

SUBMISSIONS

We like to hear from our website visitors. We value your comments, both positive and negative regarding our website, products and services. Please be aware that it is our position and policy to not accept, respond to, or consider any creative ideas, suggestions, or materials other than those that we specifically request. It is this policy’s intent to avoid potential misunderstandings when HDGroup’s creative materials (e.g. story lines, characters, artwork) might seem to be similar to unsolicited creative materials. Please do not send any unsolicited original creative materials such as artwork, story lines, character suggestions, product ideas, pitches, concepts, screenplays, photographs, drawings, videos, audio visual works, musical compositions (including lyrics) sound recordings, your or another person’s name, likeness, voice, profile, appearances, performances and/or biographical information, or other similar or related materials (hereinafter Content). While we do value all feedback on our website, products or services, we strongly request that you be specific in your comments on our website, products or services and refrain from submitting any unsolicited Content. If, for any reason, you send or provide solicited Content (e.g., contest entries, writings, graphics or emails) or despite our request, you send unsolicited Content (hereinafter solicited and unsolicited Content is referred to as Submissions”), then the Submissions shall be deemed, and remain, property of HDGroup. Not all Submissions shall be subject to any obligation of confidentiality on HDGroup’s website and HDGroup shall not be or become liable for any use or disclosure of any Submission(s). Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

By providing or communicating a Submission to us, you represent and warrant that you own or have the necessary rights, licenses, consents or permissions, without the need for any permission from or payment to any other entity or person, to exploit, and to authorize HDGroup to exploit such Submission in all manners that may be contemplated by or from these Terms and Conditions

FORUMS AND PUBLIC COMMUNICATION

“Forum” means a chat area, message board, wall, instant messaging, mobile messaging or email function (including, but not limited to, electronic greeting cards) offered as part of any HDGroup website. If you participate in any Forum within an HDGroup website, you agree to follow our terms set forth below.

You acknowledge that any Submissions to an HDGroup website by way of any Forum is routed through HDGroup’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on HDGroup websites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Users or visitors shall remain solely responsible for the content of their messages in the Forums. We are not responsible for the content or opinions posted or sent by users in any Forum. You take responsibility for postings under your username or screen name and use any information provided in the Forums at your own risk. We reserve the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so.

It is a well known general rule that, when participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated in any chat room, message board, or other user-generated content area. Information obtained in any Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.

HDGroup WEBSITE RULES

Dont’s
The following is a list of the Website Rules of Conduct for the HDGroup website. By using the HDGroup website you agree not to do any of the following:

  1. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
  2. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
  3. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind;
  4. Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, denial of service, or other harmful components;
  5. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
  6. Engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
  7. Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
  8. Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.

We cannot and do not assure that other users of the website are or will always comply with above Website Rules or any other provisions of these Terms and Conditions, and, as between you and us, you hereby assume all risk of harm or injury resulting from any lack of another user’s compliance with the Terms and Conditions.

Additionally, you may use electronic greeting cards or mobile messaging for noncommercial purposes only. You must furnish your actual email address or mobile phone number in order to send a card or message. Any business use, “remailing,” or other high-volume application is strictly prohibited. You are not permitted to send cards or messages using an automated program. Electronic greeting cards and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity.

HDGroup reserves the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including messages, emails, or postings, that is in violation of these HDGroup Website Rules. We also reserve the right to remove messages, emails, or postings that do not pertain to the designated topic or theme of the Forum.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using an HDGroup website in violation of the law.

CONTENT LINKED TO ANY HDGroup WEBSITE

You should be aware that when you are on an HDGroup website, you could be directed to other sites that are beyond our control. There are links to other sites from HDGroup pages that take you outside of our service. For example, if you click on a sponsor’s logo, banner advertisement or a search result, the click may take you off the HDGroup website. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves an HDGroup website the site you will land on is not controlled by HDGroup and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that HDGroup is not responsible for those sites. We reserve the right to disable links from third-party sites to any HDGroup webpage, although we are under no obligation to do so.

DISCLAIMER

THE MATERIALS IN THE HDGroup WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE ARE NOT RESPONSIBLE FOR ANY OF THE ARTICLES, COMMENTS, REVIEWS, OR USER NAMES POSTED TO THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY HDGroup WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY HDGroup WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY HDGroup WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from any HDGroup website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from any HDGroup website or third-party content on our websites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party websites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your member name(s), screen name(s), password(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees, (collectively, the “Indemnified Parties”), harmless from and against any and all liabilities and costs, (including reasonable attorneys’ fees), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE HDGroup WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $1 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE HDGroup WEBSITE.

JURISDICTIONAL ISSUES

The Miss O & Friends™ website is controlled and operated by HDGroup, LLC, managed from its office in Connecticut (its’ servers, production facilities and content providers are based in other locations). We make no representation that materials on any HDGroup website are appropriate or available for use in any particular location. Those who choose to access an HDGroup website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this website is further subject to United States export controls.

Subject to the requirements of applicable consumer rights and other laws, you hereby agree and consent that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed, and that venue properly lies, only in the state or federal courts located in County of Fairfield in the State of Connecticut, United States of America, and you hereby consent to the personal jurisdiction of such courts for the purposes of litigating and such action. We make representation that the content on any HDGroup website is appropriate or available for use in any particular location. Those who choose to access and use an HDGroup website are responsible for complying with all applicable laws.

AMENDMENT

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by prominently posting notice of any such change, modification, addition, or deletion on the website covered by these terms of use.

TERMINATION

These terms of use are effective until terminated (by either you or us). You may terminate these terms at any time by discontinuing use of the HDGroup website and by destroying all materials obtained from the HDGroup website and all related documentation, copies and installations thereof or there from, whether made under these terms of use or otherwise. In the event that you terminate these terms of use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:

Customer Services
HDGroup, LLC
3 Lockwood Avenue
Old Greenwich, CT 06780

We may immediately terminate these terms of use with respect to you (including your access to any and all HDGroup websites) without cause and without notice to you upon our sole discretion. Upon termination, you must cease use of all HDGroup websites and destroy all materials obtained from such websites and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of our copyrights.

GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of the State of Connecticut and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fairfield, Connecticut, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating or arbitrating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

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