These Terms of Service (these “Terms”) govern your right to access and use the website, any web-based, computer based or mobile application and any products or services provided, owned, or operated by Hamul (collectively, the “Service”) offered by Hamul Inc., a Delaware corporation (“Hamul”). The term “you” in these Terms refers to you, the end user who is accessing the Service. To the extent that there is any conflict between these Terms and another written agreement between you and Hamul, the terms of that signed agreement will control and govern. By using the Service as described below, you agree to be bound by these Terms.
To access the Service, you must activate an account as directed by Hamul. You are responsible for maintaining the confidentiality of your credentials. You are responsible for all activity under your account, including without limitation, activity involving other persons (including without limitation, other individuals and other third parties), that access and/or use the Service under your account and you agree to ensure that any such persons will comply with these Terms and any Hamul policies and will comply in all material respects with any instructions and guidelines (“Guidelines”) posted on the Service. Please notify us immediately of any unauthorized use of your password or account or any other breach of or incident involving security.
2. Acceptance of these Terms
In order to use the Service, (1) you must be 18 years or older, or be between 13 years and 17 years old and your parent or legal guardian must agree to be bound by these Terms and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You represent and warrant that all of the information that you provide in connection with your account is true, accurate, current and complete.
3. Your Rights and Obligations
You are allowed to use the Service solely for the purposes permitted by Hamul and under these Terms and any Hamul policies. Your use of the Service must further comply in all material respects with any Guidelines. Specifically, you will not:
Access or attempt to access any data or account of any person other than your own;
Provide your log-in credentials to any other person that is not an employee or agent of Hamul;
Allow access to, or make available data from, the Service to any competitor of Hamul;
Access the Service in order to build a similar or competitive website, product, or service;
Publicly display any data or reports generated from the Service;
Cause or permit the reverse engineering, dissemble, or decompilation of any portion of the Service; remove any copyright notices or other proprietary notices or restrictions from the Service; conduct any benchmark or other performance tests of the Service; and
License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service.
Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
We reserve the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any other person for any modification, suspension, or discontinuation of the Service or any part thereof.
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Service.
4. User-Generated Content
You may create, post, upload, share, link to, display, communicate, transmit, submit, perform, post, or store User-Generated Content while or through using the Service. You represent and warrant that (a) you are solely responsible for the content of and any and all of your own User-Generated Content, and for any harm resulting from, any User-Generated Content, regardless of the form of such User-Generated Content; (b) you are the creator or own or control all right in and to the User-Generated Content or otherwise have sufficient rights and authority to grant the rights granted herein; (c) your User-Generated Content does not and will not: (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right, or (ii) defame any other person; (d) your User-Generated Content does not contain any viruses, adware, spyware, worms or other harmful or malicious code; and (e) unless you have received prior written authorization, your User-Generated Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Hamul or any other person. Hamul reserves all rights and remedies against any persons that breach these representations and warranties.
Hamul is not responsible for any public display or misuse of User-Generated Content by you or any other person. Because we do not control User-Generated Content, you acknowledge and agree that we are not responsible for any User-Generated Content, whether provided by you or any other person. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User-Generated Content. Your interactions with other persons are solely between you and such persons. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other person, we are under no obligation to become involved. Hamul does not pre-screen User-Generated Content, but we have the right (though not the obligation) to delete any User-Generated Content that, in our sole discretion, violates any Hamul terms and policies, including without limitation, these Terms and/or the Guidelines. As used in these Terms, “User-Generated Content” shall mean content featured, displayed, communicated, transmitted, submitted, performed, posted, or stored while or through using the Service, including without limitation, information, data, files, messages, text, articles, voice, sound, images, photographs, graphics, software, applications, code, designs, features and other materials that are created, or uploaded by you while or through using the Service.
5. Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Service in any manner:
To violate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
That is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
That is harmful to minors in any way;
To impersonate or attempt to impersonate any person or any entity or gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;
To manipulate identifiers in order to disguise the origin of any User-Generated Content transmitted through the Service;
That is in violation of any applicable local, state, national or international law or regulation, or any obligations or restrictions imposed by any other person (including without limitation, requiring the consent of subjects of audio and video recordings); or
To advocate, encourage or assist any person in doing any of the above.
In addition, you agree not to:
Upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data;
Send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
Use the Service to harvest, collect, gather or assemble information or data regarding other persons, including email addresses, without their consent;
Interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks;
Attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means;
Harass or interfere with any end user’s use and enjoyment of the Service.
Use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); or
Advocate, encourage or assist any person in doing any of the above.
If you provide us with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Hamul grants you a limited right and license during the Term to use the Service. The Service constitutes proprietary works of Hamul and our licensors, protected by copyright and other intellectual property laws. Except for the limited license granted herein, Hamul and our licensors retains all right, title and interest in and to the Service.
As consideration for your use of the Service, you grant to Hamul an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to: (a) use, host, store, reproduce, modify, adapt, transmit, communicate, publish, publicly perform, publicly display, distribute, create derivative works, incorporate into other works and otherwise use and exploit your User-Generated Content and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User-Generated Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User-Generated Content on the Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User-Generated Content. Should such User-Generated Content contain the name, identity, likeness and voice (or other biographical information) of any other person, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Hamul is allowed to use them to the extent indicated in these Terms.
7. Third Party Data and Trademarks
You agree and acknowledge that certain data or information presented in the Service relies upon third party sources, and Hamul disclaims any responsibility for and has no obligation to independently verify such data for purposes of presentation in the Service. Any third party trademarks presented remain the property of such third parties.
8. Third Party Links
The Service may contain links to third party websites, mobile applications or content or material (collectively, “Third Party Links”). Such Third Party Links are not under our control, and we are not responsible for any Third Party Links. We provide access to Third Party Links only as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Links. You use all Third Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Links.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other persons or any Third Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
10. Term and Termination
11. Modifications of these Terms
Hamul may amend these Terms from time to time, and in Hamul’s sole discretion. Your continued use of the Service after the effective date of a revised version of these Terms constitutes your acceptance of our updated Terms. These Terms were made effective on the date indicated below.
12. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT AND MATERIAL CONTAINED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND FROM HAMUL OR OUR LICENSORS. YOUR USE OF THE SERVICE AND ANY CONTENT AND MATERIAL CONTAINED THEREIN DISPLAYED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS, HARDWARE, FIRMWARE, SOFTWARE, OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. HAMUL WILL NOT BE HELD RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION, CONTENT OR MATERIAL. EACH OF HAMUL AND OUR LICENSORS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HAMUL, OUR DIRECTORS, OFFICERS, AND OUR LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF USE, LOSS OF DATA, LOST REVENUES OR LOST PROFITS, WHETHER OR NOT HAMUL OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. OTHER THAN ANY REVENUE SHARE THAT MAY BE PAYABLE TO YOU PURSUANT TO THESE TERMS OR ANOTHER APPLICABLE WRITTEN AGREEMENT WITH HAMUL, IN NO EVENT SHALL HAMUL’S LIABILITY TO YOU OR ANY OTHER PERSON EXCEED $500.00 IN THE AGGREGATE, WHETHER FOR ONE OR MORE CLAIMS.
14. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HAMUL AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HAMUL. HAMUL WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
You will hold harmless and indemnify Hamul and our affiliates, corporate parent, directors, licensors, third party suppliers, partners, officers, agents, employees, and contractors from any claim, suit or action made by any third party arising from or related to your access, use or misuse of the Service, your violation of these Terms or any of the representations, warranties, and covenants made by you herein or the Guidelines, your violation of applicable laws, regulations or guidance, any User-Generated Content you create, post, upload, display, communicate, transmit, submit, perform or store while or through using the Service or your violation of the rights of any third party, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.
16. Copyright Policy
If you believe that any content on the Service infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Designated Agent as set forth below with the following information in writing under 17 U.S.C. 512(c)(3):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
(c) 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 us to locate the material;
(d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, email address;
(e) 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
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Written notification of claimed infringement must be submitted to the following Designated Agent:
By postal mail:
340 S Lemon Ave #8882
Walnut, California 91789
Email address: firstname.lastname@example.org.
17. Information or Complaints
If you have a question or complaint regarding the Service, please feel free to contact us by email at email@example.com.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms constitute the entire legal agreement between you and Hamul and governs your use of the matters described in these Terms, excluding any services that Hamul may provide to you under a separate written agreement, and replaces or supersedes any prior or contemporaneous understandings, representations, discussions or understandings between you and Hamul relating to the matters described in these Terms. The relationship between you and Hamul is that of independent contractors. These Terms do not create or imply any partnership, agency, or joint venture. You agree that if Hamul does not exercise or enforce any legal right or remedy which is contained in these Terms, or which Hamul has the benefit of under any applicable law, this will not be taken to be a formal waiver of Hamul’s rights and that those rights or remedies will still be available to Hamul. If any court of law, having the jurisdiction to decide on such matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable. You may not assign or transfer any of the rights in these Terms. Any such assignment or transfer is void. Other than with respect to rights to indemnification provided above, these Terms do not create any third party beneficiary rights. These Terms, and your relationship with Hamul under these Terms, is governed by the laws of the State of California without regard to its conflict of laws provisions. Both parties waive any right to a trial by jury. YOU AND HAMUL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Updated December 14, 2020