Terms of Service
Effective Date: May 9th, 2023
Please read these Terms of Service (the “Terms”) carefully before using the website located at [www.harlienmedia.com] (the “Site”) and any other online services provided by Harlien Media LLC (“Company,” “we,” “us,” or “our”) (collectively, the “Services”). By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
You represent and warrant that you are at least 18 years old, or the legal age of majority in your jurisdiction, and have the legal authority to enter into these Terms. If you are under the age of 18, or the legal age of majority in your jurisdiction, you must have your parent or legal guardian’s permission to use the Services.
Intellectual Property Rights
All content and materials available on the Site, including but not limited to text, graphics, logos, images, and software (collectively, the “Content”) are the property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise use the Content except as expressly permitted by these Terms or with the prior written consent of the Company.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use. This license does not include any resale, commercial use, or distribution of the Services or any Content, or the right to access or use the Services for any purposes prohibited by law.
You agree not to engage in any of the following prohibited activities in connection with your use of the Services:
a. Copying, distributing, or disclosing any part of the Services in any medium; b. Using any automated system, including without limitation, robots, spiders, or offline readers, to access the Services; c. Transmitting spam, chain letters, or other unsolicited email; d. Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services; e. Taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; f. Uploading invalid data, viruses, worms, or other software agents through the Services; g. Collecting or harvesting any personally identifiable information, including account names, from the Services; h. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity; i. Interfering with the proper working of the Services; or j. Bypassing any measures we may use to prevent or restrict access to the Services.
We reserve the right, in our sole discretion, to terminate your access to all or part of the Services, with or without notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms. Upon any such termination, your right to use the Services will immediately cease.
Disclaimer of Warranties
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA, OR USE, OR COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, OR THESE TERMS, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms or your use of the Services shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices or applicable laws. If we make material changes to these Terms, we will notify you by posting the updated Terms on the Site or by other means as required by law. Your continued use of the Services following the posting of an updated Terms indicates your acceptance of the updated Terms.
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
If you have any questions or concerns about these Terms or the Services, please contact us at [email protected].