"Website(s) or User Website(s)" shall mean a service that facilitates the digital publication of media (text, artwork, photos, videos etc.) and interaction of stakeholders. This service includes (among other items) password protected access to an administrative backend, and associated documentation pertaining to the operation of this backend.
"Website Maintenance" shall mean the provision and upkeep of articles necessary to make the website publicly available online, secure it, provide resilience and support operations of its staff.
"Website Administration" shall mean the performance of basic website management and configuration tasks as available to the client's staff via the administrative backend.
"Service Fee(s)" shall mean a rate paid by the client for any combination of website maintenance, administration and related support.
"User Products" shall mean goods, content, media and services offered for sale through your User Website.
HBC's services are designed to allow people to: easily manage a professional and engaging online presence for themselves; manage and promote their businesses, content and ideas, and; have an overall great experience doing so - even without being tech-savvy or necessarily employing technical experts. HBC provides our clients with numerous tools and features for publishing stunning website content, online stores, newsletters, media galleries, media players, mobile friendly and other applications - by utilizing their own content together with content and features offered by HBC and others via HBC's Services (collectively - "User Website(s) or Website(s)").
The HBC Terms constitute a binding and enforceable legal contract between HBC Services Limited and its affiliated companies and subsidiaries ("HBC", "us" or "we") and you - so please read them carefully.
In order to access and use certain sections and features of HBC's Services, you must first register and create an account with HBC ("User Account").
If anyone other than yourself accesses your User Account and/or any of your User Websites' settings, they may perform any actions available to you (unless as specifically stated otherwise on the HBC Services), make changes to your User Website(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more - and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Websites (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using HBC's Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company's) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
We reserve the right to determine ownership to a User Account based on our reasonable judgement, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party. Among others, we may consider the principles set forth below.
Please carefully review these principles and consider adapting your practices accordingly, to ensure that what you believe to be "your" User Account and/or User Website remains as such:
HBC will consider the owner of a User Account, User Website and/or User Content created and/or uploaded to HBC's Services, as the person or entity who has access to the e-mail address then listed in HBC's records for such User Account under which such User Website or User Content was created.
If any Paid Services (as defined below) were purchased via a User Account, HBC will consider the owner of such User Account and/or the relevant User Website and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services ("Billing Information"). Notwithstanding the foregoing, if a User Website was connected to an external domain name (either imported or purchased as part of certain paid Services, as defined below), and such domain's registration information is publicly available via the WHOIS database provided on the www.whois.net website or in HBC's database, HBC will consider the owner of such User Website as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, HBC will consider the organization as the actual owner of the domain, and therefore as the owner of the User Website connected to such domain. In event the Billing Information indicates one person as the owner of the User Website and the domain registration indicates a different owner, HBC shall consider the person registered as the owner of the domain connected to the HBC Account as the owner of the User Website.
Notwithstanding the forgoing, HBC shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event HBC deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by HBC.
You represent and warrant that:
you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the HBC Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the HBC Terms;
you are not a resident of (or will use HBC's Services in) a country that the Government of the Republic of Trinidad and Tobago has embargoed for use of HBC's Services, nor are you under any other applicable trade sanctioning regulations;
your country of residence and/or your company's country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that HBC does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
And specifically regarding your User Content:
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
you own all rights in and to any content uploaded by you ("User Content"), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials ("Content"), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website's visitors and users ("End Users") reside, or for HBC and/or your End Users to use or possess in connection with HBC's Services;
You undertake and agree to:
fully comply with all applicable laws and any other contractual terms which govern your use of HBC's Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of HBC's Services which occur under your User Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to HBC's Services);
regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
receive from time to time promotional messages and materials from HBC or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices - please just notify us at any time;
allow HBC to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of HBC's marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against HBC or anyone on its behalf relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses;
HBC's sole discretion as to the means, manner, and method for performing HBC's Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
You agree and undertake not to:
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the HBC Website, HBC's Services (or any part thereof), any Content offered by HBC or Third Party Services for use and display within User Websites ("Licensed Content") and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without HBC's prior written and specific consent and/or as expressly permitted under the HBC Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of HBC or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
publish and/or make any use of HBC's Services or Licensed Content on any website, media, network or system other than those provided by HBC, and/or frame, "deep link", "page scrape", mirror and/or create a browser or border environment around any of HBC's Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by HBC, in advance and in writing;
use any "robot", "spider" or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of HBC's Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of HBC's Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through HBC's Services;
act in a manner which might be perceived as damaging to HBC's reputation and goodwill or which may bring HBC into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use HBC or HBC Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on HBC's Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to HBC and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that HBC or any third party endorses you, your User Website, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of HBC's Services, or otherwise interfere with or violate any other User's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of HBC's Services and/or User Websites without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to HBC's Services, User Website, the account of another User(s), or any other systems or networks connected to HBC's Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of HBC's Services or any network connected to HBC's Services;
upload to HBC's Services and/or User Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of HBC's Services or HBC's systems or networks connected to HBC's Services, or otherwise interfere with or disrupt the operation of any of HBC's Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of HBC's Services and/or User Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising;
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or HBC's Services, except as expressly permitted by the HBC Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying HBC's Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the HBC Terms or any laws or requirements applicable to your use of HBC's Services.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you - with or without further notice to you, and without any refund of amounts paid on account of any such Services.
Content and Ownership
Your Intellectual Property
As between HBC and you, you shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. HBC does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to upload your content to our platform, including cloud services, CDN's, to make display adjustments and perform any other technical actions required.
HBC's Intellectual Property
All rights, title and interest in and to HBC's Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the "look and feel" of HBC's Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by and/or licensed to HBC.
Subject to your full compliance with the HBC Terms and timely payment of all applicable Fees, HBC hereby grants you, upon creating your User Account and for as long as HBC wishes to provide you with HBC's Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use HBC's Services and Licensed Content, for the purpose of generating and displaying your User Website to End Users and offering your User Products and services therein, solely as expressly permitted under the HBC Terms, and solely within HBC's Services.
The HBC Terms do not convey any right or interest in or to HBC's Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the HBC Terms constitutes an assignment or waiver of HBC's Intellectual Property rights under any law.
Intellectual Property of Third Parties and Other Claims
All design work, provided by the Client, where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. HBC Services Limited will not be held responsible for any and all damages resulting from such claims. HBC Services Limited is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold HBC Services Limited responsible for any such loss or damage.
Any claim against HBC Services Limited shall be limited to the relevant fee(s) paid by the client.
Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to HBC's Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights ("Feedback"), such Feedback shall be exclusively owned by HBC. By providing such Feedback to HBC, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to HBC any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide in or to such Feedback.
The use of certain services from HBC may be subject to payment of particular fees, as determined by HBC in its sole discretion ("Paid Services" and "Fee(s)", respectively). HBC will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
HBC reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, HBC shall have the right to automatically and without notice renew your subscription to such HBC's Service(s) at the full applicable Fee.
All Fees shall be deemed to be in Trinidad and Tobago Dollars, except as specifically stated otherwise in writing by HBC. To the extent permitted by law (and unless specified otherwise by HBC in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities ("Taxes"), and you shall be responsible for payment of all applicable Taxes relating to your use of HBC's Services, or to any payments or purchases made by you. If HBC is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). HBC is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize HBC (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries HBC or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
The SLA fees will be invoiced monthly or on the anniversary date and payments must be received by the invoice due date. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount. Payments may be made by cash or cheque or previously agreed electronic funds transfer. Returned checks will incur an additional fee of $100 per returned check. HBC Services Limited reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the due date of invoice, or following a returned cheque. HBC Services Limited shall be considered entitled to remove our and/or your material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to hosting, domain registration, search engine submission, design and maintenance.
Removal of such materials or cessation of service does not relieve you of your obligation to pay the due amount. Clients whose accounts become default agree to pay HBC Services Limited reasonable legal expenses and third party collection agency fees in the enforcement of these HBC Terms.
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, HBC's Services will invoice you on a recurring-fees basis (except where explicitly stated otherwise by HBC in writing).
Unless you cancel the applicable Paid Service(s), HBC will invoice you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to pay service charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to Invoice for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.
For information about cancelling your Paid Services, please see below.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of Paid Services you use. Accordingly, you shall be solely responsible with respect to any discontinuation of any Paid Services previously purchased by you, including due to a cancellation or failure to invoice the applicable recurring Fees. You acknowledge and agree that you shall not have any claims against HBC in relation to the discontinuation of any of HBC's Paid Service(s) or Third Party Services, for whatever reason
If you are not satisfied with Paid Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered such HBC's Services (the "Refund" and "Refund Period"). Your down-payment to procure services may be non-refundable. These include Third Party Services such as domains, business tools and applications. HBC Services will not refund any amounts paid for non-refundable Services, applications or Third Party Services. The Refund is applicable only to the initial purchase of HBC's Services. The Refund is not applicable to any additional purchases, upgrades, modification or renewals of HBC's Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If HBC receives such notice within such Refund Period, HBC will refund to you the amount HBC charged you for such HBC's Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. HBC will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any of HBC's Services actually received, as permitted by law.
Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Paid Services at any time, in accordance with the instructions available for the service(s) in question. The effective date and time for cancellation of Paid Services shall be at the end of such Paid Services' subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic invoice the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
For more information about cancelling your Paid Services, please contact us.
Cancellation by HBC
Failure to comply with any of the HBC Terms and/or to pay any due Fee shall entitle HBC to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related Paid Services or Third Party Services to you.
Loss of Data, Content and Capacity
If your User Account or any of HBC's Services or Third Party Services related to your User Account are cancelled (whether at your request or at HBC's discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services ("Capacity Loss"). HBC shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any of HBC's Services following their cancellation, as determined by HBC in its sole discretion.
Paid Services also include certain features which enable you to sell goods, content, media and services through your User Website ("User Products", and collectively - "E-Commerce").
You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Website, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction's payments will be processed through such third party payment service providers with which you decided to register and set up an account ("E-Commerce Service Provider(s)"), in accordance with such E-commerce Service Provider's terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
Any Taxes indicated by the E-Commerce features provided to you by HBC are solely provided for illustration purposes only, and may not be relied on in any way;
You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information in your User Website for any questions, complaints or claims; and
You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and -
HBC may, at any time and at its sole discretion, suspend, disable access to or remove your User Website and/or any User Products - whether or not incorporated, published with or made a part of your User Website at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
As part of Paid Services, HBC may provide video services for managing videos on User Websites (the "Video Services").
HBC reserves the right at any time and from time to time, with or without notice, to modify, suspend or discontinue the offering of the Video Services (or any part thereof). You agree that HBC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Video Services (or any part thereof).
You acknowledge and confirm that the videos you upload via the Video Services may be stored on HBC's servers and/or HBC's third party partners' servers. Any videos you upload by a link to a third-party website must be uploaded, used and further displayed or transmitted without violating any terms and conditions of such third-party site.
With respect to the videos uploaded to your User Website, you grant HBC a worldwide, non-exclusive royalty-free license to use, reproduce, modify, convert, make derivatives of, publicly perform and display and allow download of such videos or any part thereof, in order to provide you with the Video Services, and as further specified above.
HBC shall have the right to offer the Video Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Video Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of videos (separately and in the aggregate), quality and/or format of videos, sources of videos, volume of download time, number of subscribers to your videos, number of videos uploaded to your User Website, etc. If your needs require a more inclusive plan than those regularly offered by us, please contact our support team at: firstname.lastname@example.org.
HBC may, in its sole discretion create or modify general operating and maintenance practices to optimize the operation and availability of the Video Services and to prevent abuse of its systems. As part of these practices, HBC reserves the right to monitor its systems to identify any abuse or misuse of the Video Services and to take such technical and other measures as it deems appropriate to remedy them.
In the event HBC believes you may have misused the Videos Services or in the event that your usage is, in HBC's opinion, in excess of the anticipated standard use (as shall be determined by HBC at its sole discretion), HBC shall have the right to either: (i) offer an alternative pricing plan for the Video Service that will allow you to continue using the Videos Services; (ii) remove abusive videos or prevent their display; or (iii) suspend or terminate the Video Services provided to you; without an obligation to provide you with a prior notice.
Third Party Services
Paid Services may procure certain third party services and tools for enhancing your User Website and your overall user experience, including domain registrars from which you may be provided a domain name for your User Website, third party applications and widgets offered via HBC's Website, third party Licensed Content, media distribution services, E-Commerce Service Providers, third party designers who may assist you with your User Website, etc. (collectively, "Third Party Services").
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled with certain Paid Services, offered separately by HBC or persons certified or authorized by HBC, or otherwise offered anywhere on HBC's Website), HBC merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. HBC will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, HBC may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Website(s) and/or Paid Services, any Third Party Services - whether or not incorporated with or made part of your User Account and/or User Website(s) at such time - without any liability to you or to any End Users.
Misconduct and Copyrights
Misconduct and Abuse
When using Paid Services, you may be exposed to User Websites, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against HBC with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any Paid Services, please immediately report such User and/or Third Party Service to us via email. You agree that your report shall not impose any responsibility or liability upon HBC, and that HBC may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via email, or otherwise provide the following information in writing: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit HBC to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
In the event that HBC receives notice regarding a copyright infringement related to your User Account or User Website, it may cancel your User Account, take your User Website down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may provide a counter-notice to HBC, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other relevant information. HBC reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
Disclaimer of Warranties
We provide Paid Services on an "As Is", "with all faults" and "As Available" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty - all to the fullest extent permitted by law. We specifically do not represent or warrant that Paid Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users') contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via Paid Services - so please be sure to verify those before using or otherwise engaging them.
HBC may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may HBC be considered as a "publisher" of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through Paid Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, HBC shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using Paid Services and/or connecting and/or dealing with any Third Party Services through or in connection with HBC's Services, and that HBC cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
HBC does not recommend the use of Paid Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Paid Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Paid Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of HBC's Services at this BETA stage signifies your agreement to participate in such HBC Services' BETA testing.
HBC Services Limited reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. HBC Services Limited will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, HBC, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of HBC's Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from HBC's Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via HBC's Services; (6) events beyond the reasonable control of HBC, including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of HBC's Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for HBC's Services to you, and such limitations will apply even if HBC has been advised of the possibility of such liabilities.
Changes & Updates
HBC may change, suspend or terminate any Paid Services (or any features thereof, or prices applicable thereto), and/or change any of the HBC Terms - at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner - except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account, continue to support your then-current Paid Services without enabling such changes, or provide you with alternative Services.
Governing Law & Jurisdiction; Class Action Waiver
The HBC Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to HBC's Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the HBC Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the Republic of Trinidad and Tobago, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the Republic of Trinidad and Tobago.
Subject to any applicable law, all disputes between you and HBC shall only be resolved on an individual basis and you shall not have the right to bring any claim against HBC as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Any dispute arising out of the Contract, which cannot be amicably settled between the parties, shall be referred to alternative dispute resolution (negotiation, mediation, conciliation, arbitration) in accordance with the laws of the Republic of Trinidad and Tobago. Only as a last resort shall the parties resort to adjudication in a Court of law for resolution of any dispute arising hereunder.
We may provide you with notices in any of the following methods: (1) via HBC's Services, including by a banner or pop-up within the HBC Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. HBC's notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The provisions of the HBC Terms, and your use of HBC's Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between HBC and you. It is understood that the legal status of the HBC Services and of any person who provides services as a result of this Contract is simply that of an independent service provider.
HBC may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in HBC's Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of HBC. Any attempted or actual assignment thereof without HBC's prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this agreement shall not in itself grant either HBC or you the right to cancel any of HBC's Services or Third Party Services then in effect.
Severability & Waivers
If any provision of the HBC Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the HBC Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
Customer Service Contact
To get in touch with our Customer Service - please use any of the options listed below:
- Visit our HBC Services website: https://hbc.services
- Send an email message to: email@example.com
- By Phone: (868) 221-8888 or HBC's contact number as listed on HBC's website.
You shall not, disclose any proprietary or confidential information relating to the services, software solutions, business or operations of HBC Services Limited without the prior written consent of HBC Services Limited. HBC also agrees to be so bound.