LAST CHANGED AS OF July 5, 2018.
Following are the terms and conditions that govern your use of these web sites including SMS/Text Alerts and Mobile Web owned by HiNounou Group, www.hinounou.com and our mobile application (the “Application,” together with Web Site, the “Platform”).
The services offered by HiNounou Group, or any of its affiliates on the Platform may include a variety of features, such as comments and other features which will allow feedback to HiNounou Group, (as defined below) (collectively “Services”).
Access to the Application and the Web Site
Intellectual Property Rights
You may not, for example, republish any portion of the Content on any internet, intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Platform, or insert any code or product or manipulate the Content of HiNounou Group, or the Platform in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
In certain cases, you may be able to obtain a license to use individual stories that appear on the Platform or affiliated Platform through online functionality we have specifically designated. For example, email a story to a friend or purchase a photograph.
HiNounou Group, respects the intellectual property of others and holds no claim to copyrights of Content that is owned by a third party or is in the public domain. If you believe your work has been copied in a way that constitutes copyright infringement or you are aware of any infringing material on HiNounou Group’s, Platform, please provide to HiNounou Group’s, Copyright and Intellectual Property Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property interest that is the subject of your claim;
a description of where the material is located on the Platform;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that access to the relevant material through the Platform is inappropriate; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
You may notify our designated Copyright and Intellectual Property Agent by email to firstname.lastname@example.org.
E-Commerce and Transactions on our Platform
HiNounou Group, may allow you to engage in a transaction involving the purchase of a product or service such as a newspaper subscription, a print or online advertisement, a print of a photograph, a photograph product or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party. These third parties may have separate privacy and data collection practices, so please be sure to read these as well. If you’re concerned about online credit card safety, in most cases a telephone number will be provided so that you can call to place your order by phone. HiNounou Group, cannot take responsibility for the success or security of transactions undertaken or processed by third parties. HiNounou Group, is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these third-party products and services. You agree to release HiNounou Group, and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through HiNounou Group.
Links to Third Party Sites
Links to or from other Internet sites may be included at times as a convenience to the user. These sites have not necessarily been reviewed by Digital First Media and are maintained by third parties over which Digital First Media exercises no control. Please note that these links do not imply an endorsement of any third party, web site, or products or services provided by any third party, and Digital First Media takes no responsibility for them.
Access to Third Party Services
Representations and Warranties
You acknowledge that the Platform is a general purpose online service and is not specifically designed to facilitate compliance with any specific law. You represent and warrant to HiNounou Group, that your use of and access to the Platform, including any Content or Services, will comply with all applicable laws, rules, or regulations (“Laws”) and will not cause HiNounou Group, itself or any other third party to violate any applicable Laws. HiNounou Group, is not responsible for notifying you of any such Laws, enabling your compliance with any such Laws, or for your failure to comply. You agree that you will not use the Platform to transmit any false, inaccurate, or misleading information; upload any viruses or malicious code; engage in behavior that is defamatory, obscene, indecent, threatening, or harassing; solicit login information, access protected data or intercept personal information belonging to someone else; or use the Platform or its Content in connection with unsolicited commercial messages.
Disclaimer and Limitation of Liability
THE PLATFORM, TECHNOLOGY, AND CONTENT OF THE PLATFORM, INCLUDING ANY SOFTWARE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DIGITAL FIRST MEDIA, ITS SUBSIDIARIES, AFFILIATES, AND THEIR AGENTS AND ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO THE TECHNOLOGY, PLATFORM, OR ANY CONTENT AVAILABLE ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY IPR, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. DIGITAL FIRST MEDIA, ITS SUBSIDIARIES AND AFFILIATES DO NOT WARRANT OR REPRESENT THAT THE TECHNOLOGY, PLATFORM, ANY CONTENT OF THE PLATFORM (INCLUDING ANY SOFTWARE), OR ANY DATA ON THE PLATFORM IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE PLATFORM AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, DIGITAL FIRST MEDIA AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY OBLIGATION TO MAINTAIN THE PLATFORM OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE PLATFORM AND THE CONTENT IT PROVIDES.
ALL SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES, OR FOR COMMERCIAL USE. STOCK AND MUTUAL FUND QUOTES, AND RELATED FINANCIAL NEWS STORIES MAY BE DELAYED AT LEAST 20 MINUTES, AS MAY BE REQUIRED BY THE STOCK EXCHANGES AND/OR THE FINANCIAL INFORMATION SERVICES. THE SITE SHOULD NOT BE USED IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT, FINANCES OR BUSINESS MAY RESULT IF AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
Use of Company Directories
The information contained in the Company Directories is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will HiNounou Group, or its suppliers be liable in any way with regard to such Information.
Choice of Law and Venue
Data PrivacyYou expressly consent to the use and disclosure of your personal information and other data and information as described in the Policy. Notwithstanding anything in the Policy, HiNounou Group, will have the right to collect, extract, compile, synthesize, and analyze non-personal information (data or information that does not identify an entity or natural person as the source thereof) resulting from your access to and use of the Platform, Services, or Content. To the extent any such non-personal information is collected or generated by HiNounou Group, the data and information will be solely owned by HiNounou Group, and may be used by HiNounou Group, or its permitted service providers, for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof. “non-personal information” refers to information that may not be itself be reasonably associated with, linked to, or used to identify you.
Feedback and Submissions
If you provide HiNounou Group, any feedback or suggestions regarding the Platform, or any Content or Services (“Feedback”), you assign to HiNounou Group, all rights in the Feedback and agree that HiNounou Group, shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to you. If you provide HiNounou Group, with any creative materials, story ideas, questions or answers suggestions, designs, transcripts, or other submissions (“Submissions”), you agree not to assert any ownership right of any kind in the Submission (including, but not limited to copyright, trademark, unfair competition, moral or privacy rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such Submission including, but not limited to, credit or attribution. HiNounou Group, will treat any Feedback or Submissions you provide to HiNounou Group, as non-confidential and non-proprietary. You agree that you will not submit to HiNounou Group, any Feedback or Submissions that you consider to be confidential or proprietary.
Suspension and Termination