Last updated and effective as of November 22, 2019
1. There are two parts to our business. First, we operate online media properties where we offer content to our users (such as ww.habu.com, www.latinx.com, www.sublimedaily.com, dailyastrologyguide.com, financefortunes.com, and thedigitalsmb.com). Second, we collect certain data on behalf of our customers (our “Customers”) to help them better market their products and services.
2. With respect to our media properties, we found ourselves annoyed with ads and overpriced subscriptions. So, we came up with a new model and our own way to give our audiences what they want while still being able to run a business. On our Services, you may notice quizzes, questions, polls, contests, sweepstakes or promotions that you may be able to respond to or participate in. If you want to respond or participate, please do! If you don’t want to respond or participate, please don’t! The information you share with us, or that we otherwise collect, may subsequently be shared with our Customers. Our Customers are likely brands or other companies that you already engage with. We provide our Customers services to help them better market their products and services. As part of that relationship, we may share data about you, which our Customers may use to identify trends and personalize their products and services. Providing these services is our business model.
4. If you make any of your information publicly available, you understand that anyone may access, use, or share such information. For example, if you post a comment to an article, other readers may see such comment and may repost it.
5. You agree to act responsibly and to respect the intellectual property rights of Habu and third parties.
6. We use artificial intelligence and machine learning to make our software cooler, smarter, and stronger – but all of it subject to the privacy and trust constraints described above.
You can send any questions to firstname.lastname@example.org.
There are two parts to our business. First, we operate online media properties where we offer content to our users (such as ww.habu.com, www.latinx.com, www.sublimedaily.com, dailyastrologyguide.com, financefortunes.com, and thedigitalsmb.com). Second, we collect certain data on behalf of our customers (our “Customers”) to help them better market their products and services.
With respect to our media properties, we found ourselves annoyed with ads and overpriced subscriptions. So, we came up with a new model and our own way to give our audiences what they want while still being able to run a business. On our Services, you may notice quizzes, questions, polls, contests, sweepstakes or promotions that you may be able to respond to or participate in. If you want to respond or participate, please do! If you don’t want to respond or participate, please don’t! The information you share with us, or that we otherwise collect, may subsequently be shared with our Customers.
Our Customers are likely brands or other companies that you already engage with. We provide our Customers services to help them better market their products and services. As part of that relationship, we may share data about you, which our Customers may use to identify trends and personalize their products and services.
Providing these services is our business model.
These Terms may change over time. If we make changes to it, we will post the modified Terms on our website, www.habu.com/tou. We encourage you to visit this page periodically to learn of any updates.
2. YOUR RESPONSIBILITIES
3. USER SUBMISSIONS
When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.
You also grant to Habu a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of Habu’s services.
All Content provided on the Services are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such Content is either endorsed or verified by us. The Content is provided “as is,” and your use or reliance on such materials are solely at your own risk.
4. OUR CONTENT
Habu’s Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Habu, we own and retain all rights to the Habu Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Habu’s Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit our Content.
The names and logos of Habu, its websites and its brands are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Habu, and may not be copied, imitated or used, in whole or in part, without prior written our permission.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your Content (but not your original Content).
We may use artificial intelligence or machine learning algorithms to analyze you or your personal information (including your Content). This allows us to provide you with insights to personalize our services. By agreeing to these Terms, you consent to Habu’s use of artificial intelligence analysis and machine learning algorithms on you and your personal information (including to your Content).
You agree that Habu may collect aggregated or other deidentified data related to or as a result of use of the Services. Habu retains all right, title and interest in and to such data and any and all system performance data and machine learning (including machine learning algorithms and the results and output of such machine learning).
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
5. RESTRICTIONS & COMMERCIAL USE
Other than as set provided for in these Terms: you may not copy, make derivate works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any Content, materials, or databases from our network or systems. You may not sell, sublicense or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Services or out networks. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software. You undertake not to use the Services for any purpose that is fraudulent or unlawful, not to interfere with the operation of the Services. Your use of the Services must comply with our policies.
We may offer software applications to help you gain access to our Services. In such circumstances, we grant you a personal, non-exclusive, non-transferable, limited license to install such software applications solely on the devices you will use to access the Services. You agree that we may provide you from time to time with automatic upgrades of these applications, which you will accept for installation. Please note that certain retail application stores that offer our applications may have separate sales terms that will be binding on you if you elect to download our applications from such merchants.
For users in the United States, our software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software with only those rights set forth herein. Your use of the software must comply with all applicable import and export control laws and regulations of the United States and other countries.
7. NO MONITORING
You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that we are not responsible or liable for your conduct. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
8. THIRD PARTY LINKS
Our Services may contain links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Habu’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
9. CHANGES, SUSPENSION, OR DISCONTINUATION OF SERVICES
We reserve the right to modify, suspend or discontinue all or any aspect of the Services with or without notice to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur. Our websites are provided over the internet and so the quality and availability of the site may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using our websites or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned. You agree that we shall not be liable to you or any third party should Habu exercise its right to modify, suspend or discontinue the Services.
10. VIOLATION & ENFORCEMENT OF THESE TERMS
The Services are free of any fees. Still, we reserve the right at any time to charge fees for access to the Services or to any specific new feature or content that we may introduce from time to time. In no event, however, will you be charged for access to any Services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, though, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
12. CONTROLLING TERMS
13. REPORTING COPYRIGHT & OTHER IP VIOLATIONS
We respect the intellectual property rights of others and expect you to do the same. Accordingly, we have a policy of removing user submissions that violate copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law.
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Habu, being asked to remove material that allegedly violates someone’s copyright. To learn more about the DMCA, click here.
- Procedure for Reporting Copyright Infringements.If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Habu’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Habu is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(iii) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider’s access to the Services if he or she is a repeat offender.
- Procedure to Supply a Counter-Notice to the Designated Agent.If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Habu is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Habu may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Habu may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Habu’s discretion.
Habu’s Designated Agent may be contacted at the following address:
23 Geary Street Suite 600
San Francisco, CA 94108
14. DISCLAIMER OF WARRANTIES
The Services, including, without limitation, Habu Content, are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Habu nor ITS PARENTS OR SUBSIDIARIES NOR any of THEIR employees, DIRECTORS, STOCKHOLDERS, partners, managers, officers or agents (collectively, the “Habu Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Services; (b) the Habu Content; (c) user CONTENT; or (d) security associated with the transmission of information to Habu or via the service. In addition, the Habu Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Habu Parties do not represent or warrant that the Services will be error-free or uninterrupted; that defects will be corrected; or that the Services or the server that makes the Services available is free from any harmful components, including, without limitation, viruses. The Habu Parties do not make any representations or warranties that the information (including any instructions) on the Services is accurate, complete, or useful. You acknowledge that your use of the Services is at your sole risk. The Habu Parties do not warrant that your use of the Services is lawful in any particular jurisdiction, and the Habu Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms.
By accessing or using the Services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services.
The Habu Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
Users hereby give any consents required by law for the services to operate as set forth in these Terms.
15. LIMITATION OF LIABILITY; WAIVER
Under no circumstances will the Habu parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Services; (b) the Habu Content; (c) OTHER Content; (d) your use of, inability to use, or the performance of the Services; (e) any action taken in connection with an investigation by the Habu parties or law enforcement authorities regarding your or any other party’s use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Habu parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the Habu Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Habu Parties total liability to you for all damages, losses or causes of action exceed one hundred United States dollars ($100.00).
You agree that in the event you incur any damages, losses or injuries that arise out of Habu’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Habu Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Habu Parties.
By accessing or using the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Habu is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Unless prohibited by law, you agree to defend (at Habu’s request), indemnify and hold the Habu Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) Your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Habu in the defense of any claim. Habu reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Habu.
17. DISPUTE RESOLUTION
You agree that any dispute between you and Habu arising out of or relating to these Terms, the Services, or any other Habu products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: These Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Habu, you agree to try to resolve the Dispute informally by contacting us at email@example.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or habu may bring a formal proceeding.
We Both Agree To Arbitrate: You and Habu agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You may decline this agreement to arbitrate by contacting us at firstname.lastname@example.org within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable.
Exceptions to Agreement to Arbitrate: Either you or Habu may assert claims, if they qualify, in small claims court in San Francisco, California or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Habu on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Habu agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Habu consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18. GOVERNING LAW & VENUE
These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Habu’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
19. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Habu and governs your use of the Service, unless you have a separate signed agreement with Habu that supersedes these Terms. The terms of Sections 3-19 of these Terms, as well as any other limitations on liability set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services.
You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Habu. Any purported assignment or delegation by you without the appropriate prior written consent of Habu will be null and void. Habu may assign these Terms or any rights hereunder without your consent.