Terms of Service
The following Terms of Service govern all use of the HelloBox website and all content,
services and products available at or through the website (will also be referred to as 'the Website').
The Website is offered subject to your acceptance without modification of all of the Terms of Service
contained herein and all other operating rules, policies (including, without limitation,
HelloBox Privacy Policy) and procedures that may be published
from time to time on HelloBox website (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the web site, you agree to become bound by the Terms of Service
of this agreement.
If you do not agree to all the Terms of Service of this agreement,
then you may not access the Website or use any services.
If these Terms of Service are considered an offer by HelloBox,
acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least 13 years old.
Your HelloBox Account and Your Site(s) Created on HelloBox
If you create a site on the Website, you are responsible for maintaining the security of your
account and site, and you are fully responsible for all activities that occur under the account
and any other actions taken in connection with the site.
You must not describe or assign keywords to your site in a misleading or unlawful manner,
including in a manner intended to trade on the name or reputation of others,
and HelloBox may change or remove any description or keyword that it considers inappropriate or unlawful,
or otherwise likely to cause HelloBox liability.
You must immediately notify HelloBox of any unauthorized uses of your site,
your account or any other breaches of security.
HelloBox will not be liable for any acts or omissions by You,
including any damages of any kind incurred as a result of such acts or omissions.
Third-party Codes Added to Your HelloBox Site(s) Created on HelloBox
If you add any third-party embeddable codes to the Website -
e.g. Advertising Codes, Affiliate Codes -
you are responsible for following the guidelines and Terms of Service set by these
third-party companies. By using HelloBox and adding these third-party
embeddable codes, you agree to be fully responsible for all activities that occur under the account
using these embeddable codes and any other actions taken in connection with the site.
HelloBox will not be liable for any acts or omissions by You,
including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate a site on the Website, comment on a site on the Website,
post material to the Website, post links on the Website, or otherwise make
(or allow any third party to make) material available by means of the Website
(any such material, "Content"),
You are entirely responsible for the content of, and any harm resulting from, that Content.
That is the case regardless of whether the Content in question constitutes text, graphics,
an audio file, or computer software.
By making Content available, you represent and warrant that:
-
The downloading, copying and use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
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If your employer has rights to intellectual property you create, you have either (i) received permission
from your employer to post or make available the Content, including but not limited to any software, or (ii)
secured from your employer a waiver as to all rights in or to the Content;
-
You have fully complied with any third-party licenses relating to the Content, and have done all things
necessary to successfully pass through to end users any required terms;
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The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or
estructive content;
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The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted
commercial content designed to drive traffic to third party sites or boost the search engine rankings of third
party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material
(such as spoofing);
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The Content is not pornographic, libelous or defamatory
(more info on what that means),
does not contain threats or incite violence towards inliiduals or entities, and does not violate the privacy or
publicity rights of any third party;
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Your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups,
email lists, other forums and web sites, and similar unsolicited promotional methods;
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Your site is not named in a manner that misleads your readers into thinking that you are another person or
company. For example, your site’s URL or name is not the name of a person other than yourself or company
other than your own; and
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You have, in the case of Content that includes computer code, accurately categorized and/or described the type,
ature, uses and effects of the materials, whether requested to do so by HelloBox or otherwise.
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By submitting Content to HelloBox for inclusion on your site, you grant HelloBox a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely
for the purpose of displaying, distributing and promoting your site.
If you delete Content, HelloBox will use reasonable efforts to remove it from the Website,
but you acknowledge that caching or references to the Content may not be made immediately unavailable.
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Without limiting any of those representations or warranties, HelloBox has the right
(though not the obligation) to, in HelloBox's sole discretion (i) refuse or remove any content that,
in HelloBox's reasonable opinion, violates any HelloBox policy or is in any way harmful or objectionable,
or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason,
in HelloBox's sole discretion. HelloBox will have no obligation to provide a refund of any amounts
previously paid.
Fees and Payment
By selecting a subscription plan you agree to pay HelloBox the monthly or annual subscription fees for
the service and additional usage fees indicated for that subscription plan.
Payments will be charged on the subscription start date and will cover the use of the service for
a monthly or annual period as indicated. Subscription fees are not refundable and are paid in
advance of using such services.
Payment for Services will be made by a valid credit card accepted by HelloBox,
unless other payment arrangements have been made. You hereby authorize HelloBox to charge your credit
card for such amounts according to your service usage.
HelloBox reserves the right to change the payment terms and fees upon thirty (30) days prior written
notice to you. Unless otherwise stated in your subscription agreement, the subscription can be canceled
by you at anytime. No refunds are provided for unused service portion of the billing period following
cancellation.
Responsibility of Website Visitors
HelloBox has not reviewed, and cannot review, all of the material, including computer software,
posted to the Website, and cannot therefore be responsible for that material's content, use or effects.
By operating the Website, HelloBox does not represent or imply that it endorses the material there posted,
or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable,
as well as content containing technical inaccuracies, typographical mistakes, and other errors.
The Website may also contain material that violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights, of third parties, or the downloading, copying or
use of which is subject to additional Terms of Service, stated or unstated.
HelloBox disclaims any responsibility for any harm resulting from the use by visitors of the Website, or
from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software,
made available through the websites and webpages to which HelloBox, the Website and
all the sites hosted by HelloBox links, and that link to
HelloBox, the Website and all the sites hosted by HelloBox.
HelloBox does not have any control over those non-HelloBox websites and webpages,
and is not responsible for their contents or their use. By linking to a non-HelloBox website or webpage,
HelloBox does not represent or imply that it endorses such website or webpage.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content.
HelloBox disclaims any responsibility for any harm resulting from your use of non-HelloBox websites and
webpages.
Copyright Infringement and DMCA Policy
As HelloBox asks others to respect its intellectual property rights,
it respects the intellectual property rights of others.
If you believe that material located on or linked to by HelloBox, the Website or any of the sites hosted on HelloBox.co
violates your copyright, you are encouraged to notify HelloBox in accordance with
Digital Millennium Copyright Act (”DMCA”) Policy.
HelloBox will respond to all such notices, including as required or appropriate by removing the infringing
material or disabling all links to the infringing material.
In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights
of HelloBox or others, HelloBox may, in its discretion, terminate or deny access to and use of the Website.
Intellectual Property
This Agreement does not transfer from HelloBox to you any HelloBox or third party intellectual property,
and all right, title and interest in and to such property will remain (as between the parties)
solely with HelloBox.
HelloBox, HelloBox.co, HelloBox.co logo, and all other trademarks,
service marks, graphics and logos used in connection with HelloBox, or the Website are
trademarks or registered trademarks of HelloBox or HelloBox's licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the trademarks of other third parties.
Your use of the Website grants you no right or license to reproduce or otherwise use any HelloBox or
third-party trademarks.
Changes
HelloBox reserves the right, at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for changes. Your continued use of or
access to the Website following the posting of any changes to this Agreement constitutes acceptance of
those changes. HelloBox may also, in the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features and/or services shall be subject to
the Terms of Service of this Agreement.
Termination
You may terminate your account on HelloBox at any time by contacting
hello@hellobox.co.
There are no refunds for any fees paid.
YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT.
WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND
THIS AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF
YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
HelloBox may terminate your access to all or any part of the Website at any time, with or without cause,
with or without notice, effective immediately.
Notwithstanding the foregoing, if you have a paid subscription plan or signed agreement with HelloBox,
such account can only be terminated by HelloBox if you materially breach this Agreement and fail to
cure such breach within thirty (30) days from HelloBox's notice to you thereof; provided that,
HelloBox can terminate the Website immediately as part of a general shut down of our service.
All provisions of this Agreement which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”.
HelloBox and its suppliers and licensors hereby disclaim all warranties of any kind,
express or implied, including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement.
Neither HelloBox nor its suppliers and licensors, makes any warranty that the Website will be
error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through,
the Website at your own discretion and risk.
Limitation of Liability
In no event will HelloBox, or its suppliers or licensors, be liable with respect to any subject matter
of this agreement under any contract, negligence, strict liability or other legal or equitable theory
for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute
products or services; (iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to HelloBox under this agreement during the twelve
(12) month period prior to the cause of action.
HelloBox shall have no liability for any failure or delay due to matters beyond their reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the
HelloBox Privacy Policy, with this Agreement and with all applicable laws and regulations
(including without limitation any local laws or regulations in your country, state, city, or
other governmental area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from the Australia or
the country in which you reside) and (ii) your use of the Website will not infringe or
misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless HelloBox, its contractors, and its licensors, and their
respective directors, officers, employees and agents from and against any and all claims and expenses,
including attorneys' fees, arising out of your use of the Website, including but not limited to your
violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between HelloBox and you concerning the subject matter hereof,
and they may only be modified by a written amendment signed by an authorized executive of HelloBox,
or by the posting by HelloBox of a revised version.
The Agreement shall be governed by the laws of Australia without regard to its choice or law or conflict of
laws provisions. All legal actions in connection with the Agreement shall be brought in the state or
federal courts located in Sydney, New South Wales, Australia.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and
attorneys' fees. If any part of this Agreement is held invalid or unenforceable,
that part will be construed to reflect the parties' original intent, and the remaining portions will
remain in full force and effect. A waiver by either party of any term or condition of this Agreement or
any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Rights under this Agreement may be assigned to any party that consents to, and agrees to be bound by,
its Terms of Service; HelloBox may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and
permitted assigns.