10 July 2017, revised 1 September 2021
The https://cloud.hathaware.com and https://www.hathaware.com websites, and any other website on which these Terms of Service appear (the "Websites"), and any software, mobile applications, products, devices or other services offered by Hathaware from time to time and other services offered through third parties integrating Hathaware functionality (collectively, "Services"), are made available by Hathaware Corporation ("Hathaware"). You may access and utilize the Websites and Services only under the following terms and conditions ("Terms of Service").
These Terms of Service apply to all users of the Websites and Services. By using the Websites and Services you signify your acceptance of these Terms of Service, Hathaware's Privacy Notice, and Hathaware's Copyright Policy, which are incorporated by reference into these Terms of Service and made a part hereof. If you do not agree to the Terms of Service, you must discontinue using the Websites and Services.
To the extent that your use of the Services is governed by a Master Services Agreement, the Master Services Agreement shall control in the event of conflict with these terms.
WEBSITE LIMITED LICENSE. As a user of the Websites and Services you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Services in accordance with these Terms of Service. Hathaware may terminate this license at any time for any reason. To the extent use of the Websites and Services requires login information, the foregoing does not automatically grant you a right of access and you must obtain login information as required by the Websites and Services.
LIMITATIONS ON AND SCOPR OF USE. Any unauthorized use of the Websites and Services is prohibited. You may not use the Websites and/or Services to:
INTELLECTUAL PROPERTY RIGHTS. Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Websites and Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Hathaware, the Hathaware logo, and all other Hathaware trademarks, service marks, product names, and trade names of Hathaware appearing on or in conjunction with the Websites and Services are owned by Hathaware. Hathaware does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on the Websites or the Services without Hathaware's prior written consent.
LINKING TO THE WEBSITES AND SERVICES. You may provide links to the Websites and Services, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the web pages, the Terms of Service, or any notices on the Websites and Services and (ii) you discontinue providing links to the Websites and Services if requested by Hathaware.
LICENSE OF YOUR CONTENT TO HATHAWARE. By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials for use on the Websites or Services (other than on https://cloud.hathaware.com or on the mobile applications), you grant (or warrant that the owner of such rights has expressly granted) Hathaware a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such postings or incorporate such postings into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against Hathaware for any alleged or actual infringement or misappropriation of any proprietary right in postings you provide to Hathaware.
COPYRIGHT NOTICES & COMPLAINTS. It is Hathaware's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). For more information about Hathaware's DMCA procedures, please see our Copyright Policy. Your acceptance of these Terms and Conditions is also your consent to the copyright practices described in our Copyright Policy. Hathaware may terminate any user's access to the Websites or Services if Hathaware determines that user is a "repeat infringer."
RELATIONSHIP OF HATHAWARE AND YOU. You are an independent third party to the Websites and Services, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and Hathaware.
NO SOLICITATION. You shall not distribute on or through the Websites or Services any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.
REGISTRATION. Certain sections of the Websites or Services may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Hathaware of any changes to that information. You understand that by registering with the Websites or Services, you may receive regular updates regarding new or existing Hathaware applications. You may request to unsubscribe by following the directions in such updates and Hathaware will permanently remove you from Hathaware's registered list of subscribers.
POSTING IN INTERACTIVE AREAS. If you participate in interactive areas on the Websites or Services, you shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way. Hathaware may delete your postings at any time for any reason without notification of or permission from you, however, Hathaware has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. But Hathaware does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.
NO EXCEPTION OF PRIVACY. HATHAWARE MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THIS WEBSITE. You acknowledge that any content you post on publicly accessible portions of the Websites or Services is a public and not private communication. Others may read and view your communications without your knowledge. Hathaware does not control or endorse the content, messages or information posted by other third-party users on the Websites or Services. Hathaware will not be liable for the privacy of any of your or any other third-party postings to the Websites or Services and specifically disclaims any liability resulting from such postings and communications, including any objectionable content. Please also see Hathaware's complete Privacy Notice, incorporated into these Terms of Service by reference.
ERRORS AND CORRECTIONS. Hathaware does not represent or warrant that the Websites or Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Hathaware does not warrant or represent that postings or information available on or through the Websites or Services will be correct, accurate, timely, or otherwise reliable. Hathaware may make improvements and/or changes to its features or functionality at any time.
DISCLAIMER. THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. HATHAWARE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HATHAWARE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES OR SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE OR SERVICES, (E) YOUR USE OF THE WEBSITE OR SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR SERVICES.
LIMITATION OF LIABILITY. HATHAWARE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. HATHAWARE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS.
INDEMNIFICATION. You agree to indemnify, defend and hold Hathaware, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you or arising from or related to any postings submitted by you.
GOVERNING LAW. These Terms of Service are to be governed by and construed in accordance with the internal laws of the State of New York, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state and federal courts sitting in New York, New York.
PRIVACY. Your use of this Website is subject to these Terms of Service and Hathaware's Privacy Notice.
SEVERABILITY OF PROVISIONS. These Terms of Service incorporate by reference any notices contained on this Website, the Privacy Notice, or the Copyright Policy, and constitute the entire agreement with respect to access to and use of this Website. In the event there is conflict amongst the terms of the foregoing, these Terms of Service prevail. If any provision of these Terms of Service is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
MODIFICATIONS TO TERMS OF SERVICE. Hathaware may, in its sole discretion, modify or revise these Terms of Service, including without limitation Hathaware's Privacy Notice, at any time by posting the amended terms on the Websites or otherwise linking to them in the Services. Hathaware additionally will either (a) notify you via the email address you have associated with your account if you have registered with the Websites or Services, so you must ensure that Hathaware's email is not filtered from your Inbox by your ISP or email software, or (b) post a notice on the Websites and Services that the Terms of Services and/or Privacy Notice have been updated. You agree that your use of this Website, after the date on which the Terms of Service changed, will constitute your acceptance of the updated Terms of Service, and that you agree to be bound by such modifications or revisions.
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT. Hathaware takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites or Services infringe your copyright, you may request removal of those materials (or access to them) from the Websites or Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. ยง 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
DMCA Notices may be sent to our designated Copyright Agent at:
50 Lexington Avenue
New York, NY 10010
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Websites or Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
REPEAT INFRINGERS. In appropriate circumstances, Hathaware will disable and/or terminate the accounts of users who are repeat infringers.