TERMS OF SERVICE
Your Hungry Gorilla Account and Site.
If we created a Website for you or your business, you are responsible for maintaining the security of your Website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign keywords to your Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Hungry Gorilla may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Hungry Gorilla liability. You must immediately notify Hungry Gorilla of any unauthorized uses of your Website, your account or any other breaches of security. Hungry Gorilla 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 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 graphics, text, an audio file, or computer software. By making Content available, you represent and warrant that:
1. 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;
2. 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;
3. 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;
4. you may not resell, lease, license the services we provide to you to any other person;
5. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
6. 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);
7. the Content is not pornographic, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
8. your Website does not collect or store personally identifying information about other users for commercial or unlawful purposes;
9. the Content can not be accessed for remote loading by other web pages. For example, you cannot create a Website, post Content to the Website, and have other web pages call (or “hotlink”) that Content;
10. your Website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
11. your Website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Website's URL or name is not the name of a person other than yourself or company other than your own; and
12. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Hungry Gorilla or otherwise.
By submitting Content to Hungry Gorilla for inclusion on your Website, you grant Hungry Gorilla 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 Website. If you delete Content, Hungry Gorilla 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.
Without limiting any of those representations or warranties, Hungry Gorilla has the right (though not the obligation) to, in Hungry Gorilla's sole discretion (i) refuse or remove any content that, in Hungry Gorilla opinion, violates any Hungry Gorilla 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 Hungry Gorilla's sole discretion. Hungry Gorilla will have no obligation to provide a refund of any amounts previously paid.
Your Licenses to Us.
By submitting Content to Hungry Gorilla for inclusion on your Website, you grant Hungry Gorilla a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purposes of (i) displaying, distributing and (ii) promoting the Website or any part of it, our company, our other products and services, and the HungryGorilla.com community. If you delete Content, Hungry Gorilla will use reasonable efforts to remove it from the Website and our promotional materials, but you acknowledge that caching or references to the Content may not be made immediately unavailable, and that we may use supplies of previously printed materials. For clarity, the rights granted to us in clause (ii) of this paragraph to use your Content for promotional purposes do not permit us to sell or license or otherwise directly profit from your Content, or to transfer or sublicense our rights in your Content to any other person except for the limited purpose of using their services to prepare our promotional materials and works, and you may opt out of our rights in clause (ii) at any time by contacting us at our contact information shown at the bottom of this Agreement (provided that if you do opt out, we will use reasonable efforts to remove the Content in a timely manner from our promotional materials but such removal may not be immediate).
Without limiting any of those representations or warranties, Hungry Gorilla has the right (though not the obligation) to, in Hungry Gorilla's sole discretion (i) refuse or remove any content that, in Hungry Gorilla's opinion, violates any Hungry Gorilla 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 Hungry Gorilla's sole discretion. Hungry Gorilla will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
1. General Terms. By using any of the services available on HungryGorilla.com you agree to pay Hungry Gorilla the one-time payment or monthly subscription fees indicated on the Website for those services, and any taxes applicable to those fees. Payments will be charged on the use of those services for the subscription period indicated. The fees for using our services will not change during your subscription period, but are otherwise subject to change at any time. If we change our fees, we will give our accountholders at least 30 days’ notice by email to the email address provided to us in their account information.
2. Automatic Renewal. Unless you notify Hungry Gorilla before the end of the applicable subscription period that you want to cancel your Website and your account with us or we give you such notice, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Website can be canceled at any time by contacting Hungry Gorilla at email@example.com.
Responsibility of Website Visitors.
Hungry Gorilla 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, Hungry Gorilla 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 and conditions, stated or unstated. Hungry Gorilla 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 HungryGorilla.com links, and that link to HungryGorilla.com. Hungry Gorilla does not have any control over those non-format websites and webpages, and is not responsible for their contents or their use. By linking to a non-format website or webpage, Hungry Gorilla 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. Hungry Gorilla disclaims any responsibility for any harm resulting from your use of non-format websites and webpages.
As Hungry Gorilla 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 HungryGorilla.com violates your copyright, you are encouraged to notify Hungry Gorilla at the contact information below. Hungry Gorilla will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Hungry Gorilla or others. In the case of such termination, Hungry Gorilla will have no obligation to provide a refund of any amounts previously paid to Hungry Gorilla.
This Agreement does not transfer from Hungry Gorilla to you any Hungry Gorilla or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Hungry Gorilla. Hungry Gorilla, HungryGorilla.com, the HungryGorilla.com logo, and all other trademarks, service marks, graphics and logos used in connection with HungryGorilla.com, or the Website are trademarks or registered trademarks of Hungry Gorilla or Hungry Gorilla'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 Hungry Gorilla or third-party trademarks.
Hungry Gorilla reserves the right, at its sole discretion, to modify or replace any part of this Agreement. If we modify or replace it, we will give our accountholders at least 30 days’ notice by email to the email address provided to us in their account information or we will post a notice that will be conspicuously visible (for example, a banner notice at the top of the applicable page) to accountholders the next time after the change that they use the Website. Your continued use of or access to the Website following such notice, or if you are not an accountholder, following the posting of any changes to this Agreement, constitutes acceptance of those changes. If you are an accountholder and disagree or do not accept any such modifications or replacements, your sole option is to terminate your use of the Website. If you do so, we will cancel your account and refund to you the prorated portion of fees you have previously paid to us that corresponds to the unused portion of your subscription. Hungry Gorilla 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 and conditions of this Agreement.
Hungry Gorilla 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. If you wish to terminate this Agreement or your Hungry Gorilla account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid subscription account, such account can only be terminated by Hungry Gorilla as expressly permitted under this Agreement, or if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Hungry Gorilla's notice to you thereof; provided that, Hungry Gorilla 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”. Hungry Gorilla 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 Hungry Gorilla 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 Hungry Gorilla, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, tort (including 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 Hungry Gorilla under this Agreement during the twelve (12) month period prior to the cause of action. Hungry Gorilla 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 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 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.
You agree to indemnify and hold harmless Hungry Gorilla, 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.
This Agreement constitutes the entire agreement between Hungry Gorilla and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hungry Gorilla, or by the posting by Hungry Gorilla of a revised version in accordance with this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Province of New York, United States, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the State of New York, United States. 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. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hungry Gorilla 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. You confirm that you prefer this Agreement and any related documents be in English. Vous confirmez préférer que cette convention et les documents s'y rattachant soient rédigés en anglais.
If you have any questions about these terms please contact us at firstname.lastname@example.org
2 Bay Club Dr., 19F
Bayside, NY 11360