HydroXphere LLC Terms of Use

Effective Date: January 1, 2015

HydroXphere, LLC is pleased to provide you with use of its website, software, applications, content, products and services, including Meet Central™, (severally and collectively, “Services”). These Terms of Use (the “Terms”) govern your use and our provision of the Services made available through our websites on which these Terms are posted.

Contract between You and Us, Amendments and Termination

These Terms are a contract between you and HydroXphere, LLC, a North Carolina limited liability company (“HydroXphere,” “we,” “us,” or “our”). You must read and agree to these Terms before using the Services. If you do not agree to these Terms, you may not use the Services. Otherwise, your use of the Services constitutes your agreement to these Terms, and also your agreement to, and evidences your understanding of, the HydroXphere, LLC Privacy Policy, which may be accessed at www.hydroxphere.com/privacy-policy (the “Privacy Policy”).

Supplemental terms and conditions may apply to some Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service, activity, content or software. Any supplemental terms and conditions are in addition to these Terms and, in the event of a conflict, prevail over these Terms.

We may amend these Terms at any time by posting the amended Terms to the Services on our website. Your use of the Services after the posting of such amended Terms shall be deemed to constitute your acceptance to the amended Terms. If you do not agree to the amended Terms, you must discontinue use of the Services.

We may immediately terminate these Terms with respect to you (including your access to the Services) if you fail to comply with any provision of these Terms. We may also terminate these Terms at any time, for any reason, and without any requirement of notice to you.

 

The Services

The Services are for your personal, noncommercial use and are intended for informational, educational, and entertainment purposes only. The Services do not constitute legal, financial, professional, or medical advice or diagnosis and cannot be used for such purposes.

The Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Services may be used or exploited in any way other than as part of the Services offered to you. You may own the physical media on which elements of the Services are delivered to you, but we retain full and complete ownership of the Services. We do not transfer title to any portion of the Services to you through or in connection with your use of the Services. We may terminate the offering and provision of some or all of the Services at any time.

 

Limited License

If a Service is configured to enable the use of software, content, virtual items or other materials owned by or licensed to us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.

You may not copy, modify, decompile, reverse engineer, disassemble any Service or otherwise reduce any Service to a human-readable form; remove identification, copyright, trademark, service mark or other proprietary notices; or access or use any Service in an unlawful or unauthorized manner.

 

Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION FOR OR ARISING FROM YOUR USE OF A PARTICULAR SERVICE EXCEED THE AMOUNT OF FEES, IF ANY, YOU HAVE PAID TO US FOR SUCH SERVICE OVER THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE OCCURRENCE OF THE APPLICABLE DAMAGE OR LOSS, OR ACCRUAL OF THE CAUSE OF ACTION. THESE DISCLAIMERS AND LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAWS.

 

Third-Party Services

The Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.

 

User Generated Content

The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, or other content (“User Generated Content”), which may be accessible and viewable by the public in accordance with the Privacy Policy. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. Notwithstanding the foregoing grant of rights to us, our use of your User Generated Content, and our exercise of the rights granted to us with respect to your User Generated Content, will be in accordance with the applicable terms of the Privacy Policy.

We reserve the right to use photographs, video and other media generated content collected by HydroXphere at swim meets or other events where Meet Central™ is used. This media generated content may be utilized and distributed through any media channels it deems proper and customer waives any right to inspect or approve said media content as well as any right to compensation.

You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses (including attorney’s fees) made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.

 

Accounts

Some Services may permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian. We may suspend or terminate your account and your ability to use the Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these Terms or any supplemental terms.

 

Passwords and Security

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the Services.

 

Claims of Copyright Infringement

We take copyright infringement seriously, and have registered a Designated Agent with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyright has been infringed, please send us a notice to the following address containing the elements required under the DMCA:

HydroXphere, LLC

Attn: Privacy Policy

1149 Executive Circle, Suite A

Cary, North Carolina 27511

Telephone: (919) 234-0145

E-mail: privacypolicy@hydroxphere.com

 

Entire Agreement

These Terms and the Privacy Policy, as the same may be amended from time to time in accordance with their respective terms, constitute the entire agreement amongst and between us and you pertaining to the Services, and no representation, warranty, affirmation of fact, promise or other statement not expressly set forth herein or in the Privacy Policy shall be binding on us or you.

 

Severability

In the event any one or more provisions of these Terms shall, for any reason, be held to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms, and these Terms shall be interpreted and

construed as if such invalid, illegal or unenforceable provision had never been contained therein.

 

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

 

Waiver

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

Governing Law and Venue

These Terms will be governed by the laws of the State of North Carolina and applicable federal laws. You agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Wake County, North Carolina, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.