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Terms of Service

Comms Factory Terms of Use

 

Last Updated: 5/01/2021

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY OTHER APPLICABLE LAW. IF THESE TERMS OF USE ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

 

INTELLECTUAL PROPERTY

“Comms Factory” is a trademark of and owned by HB Publications LLC (the “Company”). All third-party trademarks and other third-party intellectual property rights remain the property of their respective third-party owners. All content on the Website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of HB Publications LLC; All rights reserved. By using the Website, you acknowledge HB Publications LLC’s ownership of and interest in the intellectual property and agree not to challenge the validity or enforceability thereof.

 

CHANGES TO THE WEBSITE AND THESE TERMS OF USE

The Website and the Terms of Use may be changed by the Company and such changes will be effective when they are posted. Please review the Website periodically for changes. Continued use of the Website following any changes constitutes your acceptance of such changes.

 

AVAILABILITY AND UPDATES

The Company may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. The Company may periodically add or update the information and materials on this Website without notice.

 

PRIVACY

Our Privacy Policy, which can be found at www.commsfactory.net/privacy and which is incorporated into these Terms of Use, further describes the collection and use of information on this Website.

 

public relations services agreement

By purchasing or receiving any products or services from the Company (the “Services”), you expressly agree and consent to be bound by all of the terms of the Public Relations Services Agreement (found elsewhere on this Website), as well as the Company’s Website Privacy Policy and Terms of Use which are incorporated into the terms of The Public Relations Services Agreement by reference.

 

ELIGIBILITY TO USE

This Website is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 years of age to access the Website or submit any user information. We will not knowingly collect personally identifiable information from persons under 13. You represent and warrant that you are 13 years or older. You agree to provide accurate and current information about yourself in all forms on the Website. If you are under 13, you agree to immediately stop accessing the Website. The sale of any of the Website’s products or services, or those of its affiliates, are not directed to persons under the age of 18. If you are purchasing any products or services via this Website, you represent that you are at least 18 years of age.

 

WEBSITE USE RESTRICTIONS

You may use the Content only for your own use to view on the Website or to purchase products sold via the Website. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website without the Company’s prior written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

 

While using the Website, you agree not to do any of the following:

  • harass, stalk or otherwise abuse another user;
  • collect personal data about other users for commercial or unlawful purposes;
  • transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Website), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
  • transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
  • transmit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
  • attempt to gain unauthorized access to our computer system or to any other user’s computer system;
  • impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
  • use automated means, including scripts, spiders, robots, crawlers, data mining tools, etc., to download or upload data to or from the Website;
  • upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Website;
  • violate any applicable local, state, federal or international law, rule or regulation; or
  • engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality the Website.

 

We reserve the right, without notice and in our sole discretion, to revoke your right to use the Website and block or prevent your future access to the Website. We also reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

 

COMMENTS AND USER GENERATED CONTENT

By submitting comments and/or other content to the Website, you are granting the Company a royalty-free, perpetual, irrevocable, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell your submissions to the Website (in whole or part) worldwide and/or to incorporate your submissions in other works in any form, media, or technology whether now known or later developed. We reserve the right, in our sole discretion, to edit, refuse to publish or remove any comments or other user-generated content from the Website that we believe may be prohibited or inappropriate.

 

FEEDBACK

If you provide the Company with any suggestions, comments or other feedback relating to any aspect of the Website (“Feedback”), the Company may use such Feedback in the Website or in any other third-party websites or promotional materials. Accordingly, you agree that: (a) the Company is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to the Company, (c) the Company (including all of its successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any manner, and (d) you are not entitled to receive any compensation or reimbursement of any kind from the Company or any of the other Users of the Website with regard to the Feedback.

 

LINKS TO OTHER WEBSITES

The Website may contain links to websites, applications, products or services operated by other companies (“Third Party Websites”). The Company does not endorse, monitor or have any control over these Third-Party Websites, which have their own separate terms of use and privacy policies. The Company is not responsible for the content, advertising, products, or policies of Third-Party Websites and you access such Third Party Websites at your own risk. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.

 

LINKS FROM OTHER WEBSITES

Other sites may link to this Website only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Website. To seek our permission, you may send an email to support@commsfactory.net. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to this Website, at our discretion at any time.

 

COPYRIGHT INFRINGEMENT COMPLAINTS

If you believe that your work has been improperly copied and posted on this Website, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located, including relevant URLs, that is reasonably sufficient to permit us to locate the material; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give legally sufficient notice of infringement to the Company. Send copyright infringement complaints to:

 

HB Publications LLC
ATTN: Legal Department

4391 Churchill Boulevard

Cleveland, Ohio 44118

 

Any notification of a claimed infringement that fails to substantially comply with the above provisions will not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

 

Please note that we will terminate, in appropriate circumstances, the account of any user who repeatedly submits infringing material to the Website.

 

Please also note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and sending us such notification constitutes your consent to share this information with the alleged infringer.

 

We suggest that you consult your legal advisor before submitting a notice of copyright infringement as there may be penalties for false claims. Please also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us, the alleged infringer, the copyright owner or any authorized licensee of the copyright owner as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

 

DISCLAIMERS

The Website may include unmoderated information containing the personal opinions and other expressions of the persons who submit entries on a wide range of topics. Such entries are the opinions of the specific authors and are not statements of advice, opinion, or information of the Website or any or any Website-affiliated person or entity. The Content on this website, including, but not limited to, the text, graphics, images, links, user comments, and other materials is for informational purposes only. The Content is not intended to be a substitute for professional legal or medical advice, diagnosis, or treatment, and does not constitute legal, medical, or other professional advice. Reliance on any information provided herein is solely at your own risk. You should use the Content on the Website in the same manner as any other educational and/or entertainment medium and you should not rely on the content to the exclusion of your own judgment.

 

WARRANTY DISCLAIMER

The Website, including but not limited to the Content, are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness or rehabilitation for a particular purpose and non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Website. The Company does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, the Company does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device in which you access the Website, loss of data or other harm of any kind that may result. The Company reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

We do not assume any responsibility or risk for your use of the Internet. Accordingly, we do not guarantee or warrant that files available for downloading from the Internet or this Website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.

 

Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages or losses incurred as a result of the use of the Website or any links, including but not limited to the following: (i) claims relating to your reliance upon information obtained on this Website or any links thereto; (ii) errors, loss of data, interruption in availability of data, viruses or other harmful components; or (iii) any other legal claims.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.

 

YOUR RESPONSIBILITY DURING A CLAIM

You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms of Use and you will allow us to handle any such claim.

 

LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST THE COMPANY FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, THE COMPANY’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

NO CLASS ACTIONS

You agree that the making of claims or resolution of Disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that to the extent permitted by applicable law, that any and all Disputes will be resolved individually in the forum designated in this section, without resort to any form of class action.

GOVERNING LAW; JURISDICTION; DISPUTES

This Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions. You hereby agree to submit to the jurisdiction of, and agree that venue is proper in, the courts in Cuyahoga County, Ohio in any such legal action or proceeding.

 

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

CONTACT

If you have any questions about the Terms of Use, please contact us at support@commsfactory.net