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TERMS OF USE

Last updated May 2, 2018

Hi folks!

This page explains our terms of use. By using this website and our mobile apps (the “Site” and the “app’) and services (together with the Site, the “Services”) offered by Hardal Media,  ( “Hardalist,” “Hardal Media,” “we,” or “us”) you will be deemed to have irrevocably agreed to these terms. If you don’t agree with any of these Terms of Use please do not use our website, apps or service. You’re also agreeing to our Privacy Policy and Cookie Policy, and agreeing to follow all rules on the Site, like our Community Guidelines.

Please carefully read these Terms of Use before using Hardalist.

Hardalist is a registered trademark of Hardal Media. All of the artwork, including but not limited to corporate designs, characters, logos, t-shirt designs or other images belong to HARDAL MEDIA. The content can not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Hardal Media.

 

CREATING A HARDALIST ACCOUNT AND BROWSING

You must be at least 13 years old to use Hardalist.

You can browse Hardalist without registering. To use functions you will need to signup.

Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

Remember, you are responsible for all the activity on your account, and for keeping your password confidential.

 

DO-NOT-DO LIST

Be honest and good to other people! Do not lie, break laws, abuse people, steal data, or hack other people’s accounts. Don’t break hearts, too!

  • Don’t break the law.
  • Don’t spam users.
  • Don’t abuse users and their personal information.
  • Don’t reverse engineer to access source code or algorithms.
  • Don’t use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access Hardalist.
  • Don’t upload invalid data, viruses, worms, or other software agents through the Hardalist Service.
  • Don’t collect or harvest any personally identifiable information.
  • Don’t use the Hardalist Service for any commercial purpose.

 

YOUR CONTENT AND INTELLECTUEL PROPERTY

You retain all intellectual property rights and are responsible for the User Content you share. Using our Services does not give you ownership of any intellectual property rights in our Services or other content you access via our Services.

Hardalist grants you a license to reproduce content from the Services for personal and in-app use only.

You may not use our Hardalist Layouts or any other tool we supply to create posts or images for commercial purposes. Remember, all the artwork, designs and tools are under copyright protection in this Service. You can not use any of these Services for commercial purposes.

For commercial use details, please visit ads.hardalist.com.

This license covers both Hardalist’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sub-licensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Hardalist or the relevant copyright holder.

  • We can use content you submit. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.

 

  • When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.

 

  • You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Hardalist all the license rights outlined here).

 

  • Any royalties or licensing on your Content are your responsibility.  You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Hardalist’s hosting of that Content.

 

  • You promise that if we use your Content, we’re not violating anyone’s rights, copyrights, including (without limitation) any privacy rights, publicity rights, contract rights, or any other intellectual property or proprietary rights. If Hardalist or its users exploit or make use of your submission in the ways contemplated in this agreement, we retain the right to taken action, deemed appropriate, against your account.

 

  • You’re responsible for the stuff you post. All information submitted to the Service, site or applications, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.

 

  • We’re not responsible for mistakes in your content. Hardalist will not be liable for any errors or omissions in any content.

 

THINGS THAT WE ARE NOT RESPONSIBLE FOR

We aren’t liable for any damages or losses related to your use of Hardalist Services. We will not become involved in disputes between users, or between users and any third party relating to the use of the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

 

SECURITY

We do care about the security of our users. While we work to protect the security of your account and related information, Hardalist cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing security@hardalist.com.

 

THIRD PARTY CONTENT

Through the Services, you will have the ability to access and/or use content provided by users, third parties, and links to websites and services maintained by third parties. Hardalist cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate, malware, other contaminants that may harm your computer, mobile device, or any files therein. Hardalist does not claim any responsibility or liability related to your access or use of such third party content.

 

COPYRIGHT POLICY

Hardalist respects the intellectual property rights of our users. We have adopted a general policy regarding copyright in accordance with the Digital Millennium Copyright Act of 1998. We remove material that is the subject of a compliant DMCA takedown notice. Section 512 of the DMCA provides the rules for reporting copyright infringement and for filing a counter-notification.

If you believe your copyright is being infringed, you can report the alleged violation.

If your project was the subject of a takedown notice, you can submit a counter-notification.

 

It is expected that all Users will comply with applicable copyright laws. However, if we are notified of a claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity. Hardalist will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its designated agent.

If you’re not sure whether material on Hardalist infringes on your copyright, please consult with an attorney before filing a DMCA notification. Misrepresenting material that infringes on copyrights may subject you to liability for damages, including costs and attorneys’ fees incurred by Project Creators or other parties.

If you believe that your copyright is being infringed, you can file a DMCA notification or by emailing us at copyright@hardalist.com. Your claim must include the following information (please note that all information must be submitted in English):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, sufficient for Hardalist to locate the material;
  • your address, telephone number, and email address;
  • a statement by you that you understand that under 17 U.S.C § 512(f) you may be liable for any damages, including costs and attorneys’ fees, if you knowingly and materially misrepresent that reported material or activity is infringing;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Submitting your notification via our form is the fastest way to file your claim, but you may also send the required information to our copyright agent at the following address:

 

 

Hardal Media

Attn: Copyright Agent

20012 Leafwood Court Yorba Linda, CA 92886

 

DELETING YOUR ACCOUNT

You may review or change the information any time in your account or terminate your account by:

  • Logging into user account settings and updating the user account.

 

  • Contacting us using the contact information provided.

 

Deleting your account won’t automatically make some content you’ve already posted go away. For up to 30 days we can recover your account. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. We keep Log Data for a maximum of 12 months. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

 

OUR RIGHTS

We reserve these rights:

We can make changes to Hardalist Site, app and Services without notice or liability.

We have the right to decide who’s eligible to use Hardalist. We can cancel accounts or decline to offer our Services. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Hardalist in that jurisdiction.

 

We have the right to:

  • delete or suspend any user,
  • to reject, cancel, interrupt, remove, or suspend any activity,
  • Remove or suspend any publication,
  • Reject or remove any “verification badge” (This bagde is for public figures or artist), at any time and for any reason.

 

Hardalist is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

 

WARRANTY DISCLAIMER

USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARDALIST SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HARDALIST, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE HARDALIST SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HARDALIST SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE HARDALİST SERVICE.

 

HARDALIST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HARDALIST SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND HARDALIST WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Hardalist Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to:

 

(a) your use or attempted use of the Services in violation of these Terms;

(b) your violation of any law or rights of any third party; or

(c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

 

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will Hardalist, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site.

You agree that Hardalist SHALL NOT BE LIABLE for any damages or losses either direct, indirect, consequential, general, special and/or incidental resulting from the use of the services, including without limitation, physical injury, emotional distress, and/or any other damages resulting from communications or meetings with other members of the service.

 

 

CONTACT US

If you have questions about this Term of use, please contact us at: terms@hardalist.com