Use of HYSDO Website
(A) HYSDO encourages parents and guardians to spend time with their children online, and to be fully familiar with the sites visited by the children in their care, including the HYSDO Website. The HYSDO Website is not intended for use by people under the age of thirteen (13). If You are under the age of eighteen (18), You should not participate in contests or sweepstakes or other promotional opportunities on the HYSDO Website, nor should You post information to the HYSDO Website without a parent or guardian’s consent.
(C) HYSDO shall have the right at any time to change or discontinue any aspect or feature of the HYSDO Website, including, but not limited to, content, hours of availability, and equipment needed for access or use in their sole discretion, including those that affect a personal function provided to Your profile (if applicable).
Hardware and Software Updates
You shall be responsible for obtaining and maintaining all computer hardware, software, and other equipment needed for access to and use of the HYSDO Website functions and all charges related thereto.
If You register with HYSDO, You agree to provide true, accurate, current, and complete information about Yourself. HYSDO has the right to suspend or terminate access and refuse any and all current or future use of the HYSDO Website (or any portion or function thereof) if You provide any untrue, inaccurate, not current, or incomplete information, or if HYSDO reasonably suspects that You have provided untrue, inaccurate, or incomplete information at any time to HYSDO.
Phone/Tablet Use of HYSDO Website Functions
By subscribing to the HYSDO Website mobile alerts or other functions involving push notifications (including SMS messages) to Your device where charges may apply (if available) (“Notifications”), You certify that You are over eighteen (18) years of age or have consent from a legal guardian, are the account holder or have the account holder’s permission, and agree to receive ongoing Notifications from HYSDO. Service may not be available on all network carriers. Your network carrier’s standard (and additional) message or data rates may apply. Further charges such as international roaming charges may also apply. Please check with your network carrier for more information. HYSDO will not be liable for any delays in the receipt of any Notifications as delivery is subject to effective transmission from Your network carrier. Notifications are provided on an “as is” basis. Data obtained from You in connection with the Notifications or application to receive the same may include Your cell/mobile phone number, network carrier’s name, date, time, and content of any submission to HYSDO or made available to HYSDO. Such information may be used by HYSDO to contact You, create general demographic statistics (for use by HYSDO) and to provide services or Notifications You request.
(B) You shall not use or permit or facilitate others to use automated electronic processes, robots, spiders, scrapers, web-crawlers, or other computer programs that monitor, copy, or download data or other content found on HYSDO Website or accessed through the HYSDO Website including without limitation real time video, audio, statistics, polling, or data content, whether current or archival.
(C) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the HYSDO Website or servers or networks connected to the HYSDO Website, or disobey any requirements, procedures, policies, or regulations of networks of HYSDO or connected to the HYSDO Website.
(E) You shall not create a frame, browser, or border around any of the content of the HYSDO Website or link to the HYSDO Website without HYSDO’s prior express written permission (except that You may use a plain text-only link to the home page of the HYSDO Website, which link does not in any way imply a sponsorship or affiliation with the HYSDO Website, HYSDO, or any of its affiliates.
(F) The HYSDO Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, and the entire contents of the HYSDO Website are copyrighted as a collective work under United States copyright laws. HYSDO owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part on the HYSDO Website. You may download copyrighted material made publicly available for Your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of HYSDO and the copyright owner (if different). In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.
(G) You shall not upload, post, or otherwise make available on the HYSDO Website any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable (and hereby release HYSDO from the same) for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the HYSDO Website, You automatically grant, or warrant that the owner of such material has expressly granted, HYSDO the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material and for any purpose. You also permit any other user to access, view, store, or reproduce and share the material for that user’s personal use or use on another website if available by the function of the HYSDO Website. The foregoing provisions of this section are for the benefit of HYSDO its, parent companies, affiliates, licensees, assigns, third party content providers, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranties; Limitation of Liability
(B) NEITHER HYSDO NOR ITS AFFILIATES WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE HYSDO WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE HYSDO WEBSITE.
(C) YOU AGREE THAT NEITHER HYSDO NOR ITS AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE HYSDO WEBSITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Monitoring and Moderation of Content
Full Release and Indemnification by You
You agree to release, defend, indemnify and hold harmless HYSDO and its Affiliates and each of their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the HYSDO Website by You or any third party.
Trademarks and Content
The HYSDO Website, HYSDO and any HYSDO logo are trademarks of HYSDO used on the HYSDO Website and in media worldwide (including online). All rights are reserved to those trademarks and trade names in perpetuity. All other trademarks appearing on the HYSDO Website are the property of their respective owners.
HYSDO may from time to time act as a distributor of content supplied by third parties and users. Accordingly, HYSDO has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, You or any other user of the HYSDO Website, are those of the respective author(s) or distributor(s) and not of HYSDO. Neither HYSDO nor its Affiliates guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to “Disclaimer of Warranties; Limitation of Liability” above for the complete provisions governing limitation of liabilities and disclaimers of warranty). Neither HYSDO nor its Affiliates are responsible for the accuracy or reliability of any opinion, advice, or statement made on the HYSDO Website by anyone other than authorized HYSDO spokespersons while acting in their official capacity. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available on the HYSDO Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content should you choose to rely on the same. The HYSDO Website may contain links to other third-party websites or resources. HYSDO has no control over content of such websites and resources, and You acknowledge and agree that HYSDO bears no responsibility for the availability of such external websites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such websites or resources, and also bears no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party website or resource, which You hereby fully release and indemnify HYSDO of.
Copyrights and Copyright Agent
HYSDO respects the rights of all copyright holders and, in this regard, HYSDO has adopted and implemented a policy that provides for the termination of access and use by users who infringe the rights of copyright holders in appropriate circumstances. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide HYSDO’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed 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 reasonably sufficient to permit HYSDO to locate the material;
- Information reasonably sufficient to permit HYSDO to contact the complaining party;
- A statement that the complaining party has 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,
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact: Copyright Agent, HYSDO, firstname.lastname@example.org. For web posting, reprint, transcript or licensing requests for the HYSDO Website material, please contact email@example.com. For any questions or requests other than copyright issues or licensing requests, please contact firstname.lastname@example.org.
Invalidity of Terms
Have You Witnessed a User Violation?
Effective: September 1, 2017