HOW IT SHOULD HAVE ENDED, LLC
Terms of Use Policy and Agreement
Effective Date: May 1, 2014
This Terms of Use Policy and Agreement will apply to all websites and You Tube channels (collectively the “Website”) owned and operated by How It Should Have Ended, LLC, its parents or affiliates (collectively “HISHE”) which includes, but is not limited to, howitshouldhaveended.com. HISHE operates and maintains these websites as a service to their customers. By continuing to access and use any of the websites owned and operated by HISHE, you are unconditionally agreeing to comply fully and be bound by these Terms of Use and the Privacy Policy that has been separately provided on this website, as well as any other laws and regulations. IF YOU DO NOT AGREE WITH THE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT CONTINUE TO ACCESS OR USE ANY HISHE WEBSITE.
HISHE reserves the right, in its sole discretion, to update, amend, discontinue, or otherwise change the Terms of Use Policy detailed herein at any time. The current Terms of Use Policy will always be accessible through the Website. Any changes are effective immediately after posting the new terms to the Website. Please read any revised Terms of Use carefully. If after the posting of any revisions to the Terms of Use, you continue to use the website, you are also unconditionally agreeing to any new terms contained in the revised Terms of Use Policy.
Copyrights and Trademarks
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Ownership & Permitted Use
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All Content of the Website belongs to and is the property of HISHE or its content suppliers or clients. “Content” means any and all content, including but not limited to, motion pictures, live action or animated programs or episodic series, audio and visual elements, text, graphics, software, photographs, animations, and illustrations. The Content is protected under the United States of America and foreign copyright, trademark and other laws. You may not (nor may you instruct or allow a third party to) sell, sublicense, or modify the Website Content or otherwise copy, download, reproduce, display, publicly perform, distribute, store, reverse engineer, reverse assemble, or otherwise use the Content in any way for any public or commercial purposes, unless expressly authorized in writing by HISHE. The unauthorized use of any Content on any other website is strictly prohibited. No title or intellectual property rights to any Content contained on this Website are transferred to you; they remain the property of HISHE.
All HISHE logos, site designs, images, service names, and slogans are the property of HISHE and are protected by United States of America Federal Trademark law and any applicable state trademark law. Any other logos, site designs, service names, and slogans used in the website for identifications purposes only are the property of each respective owner and may be their registered trademarks. Any use of any logo, site design, image, service name, slogan, or any other mark on any HISHE Website is strictly prohibited, unless expressly authorized in writing by HISHE. Any violations of copyright or other intellectual property laws may result in severe civil and criminal penalties.
Site Use
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Acceptable Website and Content Use
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HISHE grants you a limited, non-exclusive, non-transferable license to access, use and privately display or exhibit the Content in accordance with these Terms of Use. This limited license is for your personal use and any commercial use is strictly prohibited. This is the only acceptable use for this Website. You are strictly prohibited, unless expressly authorized in writing by HISHE, to use the Website and the Content for any other purpose. You further agree to only use this Website and the Content for lawful purposes.
Notwithstanding the foregoing, you may hyperlink to the homepage of any HISHE Website on a non-exclusive basis, provided that your use conforms with the following: (1) the HISHE trademarks may not be modified or altered in any way; (2) you may not use the HISHE trademarks to imply endorsement of your product or service, or to disparage HISHE, HISHE’s affiliates, content providers, or their respective products or services; (3) associate HISHE, HISHE’s affiliates, the Content, content providers, or their respective products or services with any other web site, products or services that HISHE may find, in its sole judgment, to diminish or damage the goodwill in the HISHE trademarks, including, without limitation, pornographic services or products. Further, the HISHE trademarks may not be exhibited in such a way as to make them more prominent than any other content, products or services on your site; and your site and/or the contents and subject matter of your site shall not infringe HISHE’s or any third party’s intellectual property rights or violate any state, federal, or international law. The following notice shall be included on the first web page of your site on which the link appears: “How It Should Have Ended and related service marks are the property of How It Should Have Ended, LLC. All rights reserved.” HISHE may terminate the rights granted in this paragraph at any time, in its sole discretion, without liability or obligation to the other of any kind. HISHE has the right, but not the obligation, to inspect your site from time-to-time to ensure compliance with these requirements. In the event your rights are terminated, you will remove all references to HISHE and the HISHE trademarks, including the link, within twenty-four (24) hours of written request by HISHE. Failure to do so shall constitute an unauthorized and potentially infringing use of such items.
Prohibited Website Use
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HISHE strictly prohibits you from using this Website for any unlawful purpose. You specifically agree to not engage in any of the following uses: (1) use the HISHE Website or Content to violate the privacy rights of others, including but not limited to, gathering and/or storing personal information of other users of the Website without their written consent; (2) use the HISHE Website to break the law in any jurisdiction, whether local, state, federal, or international; (3) use the HISHE Website for public exhibition of the Content; (4) prohibit, restrict, or interfere with others ability to use the HISHE Website; (5) upload, transmit, or otherwise disseminate any data that contains a virus or otherwise corrupted data; (6) upload, transmit, or otherwise disseminate data or information that you know or believe to be confidential or the property of someone else; (7) engage in any actions that will prohibit, harm or interfere with others enjoyment and use of the Website; (8) remove or alter any copyright, trademark or proprietary notice contained in any computer file in which the Content is contained or the Content itself; or (9) use the HISHE Website to engage in any illegal activity.
You acknowledge that you have the authority, responsibility, and any liability attached or arising from uploading, transmitting, or otherwise disseminating any information that you post on a HISHE Website. You also acknowledge that you are granting HISHE permission to use that posted information in any way that they see fit to use it, including but not limited to, advertising, marketing, copying, displaying, modifying, or using it to make a derivative work based on it.
If you are aware of any prohibited use of this Website and/or Content, please immediately notify us using the contact information listed below. HISHE, in its sole discretion, reserves the right to remove any information or material posted to this Website, including but not limited to: (1) information or material that HISHE knows or has reason to believe violates copyright or trademark laws; (2) information or material that is offensive or can be construed in an offensive manner; (3) any information or material that is a violation of any prohibited use for the Website; or (4) any information or material that does not advance the above stated acceptable use policy for this Website. HISHE also reserves the right to immediately terminate the access for users who violate this Terms of Use Policy. HISHE has the right and will take any action deemed necessary to protect its rights and the rights and safety of its users and the public.
Third Party Interactions
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If you choose to interact, register, or otherwise do business with any third party that you come in contact with through this Website, HISHE has no liability for any transaction that you choose to have or conduct with that third party. You acknowledge and agree that HISHE is not a party to any such transaction and is not responsible for the outcome of the transaction or the treatment you receive from any third party. HISHE has no liability for any misuse of your personal information by a third party. The terms and conditions of your transactions with third parties are governed solely by you and the third party. You agree that HISHE has no liability or responsibility for any loss or damage that you might incur from a third party transaction.
Use by Individuals under the Age of 13
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HISHE encourages the responsible use of the internet by children together with their parents. While the Content is available to all users, some of whom might be under the age of thirteen, HISHE makes no claims, warranties, promises, or any other type of statement regarding the appropriateness of the Content material for any age group.
Your Account
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Privacy & Protection
HISHE’s Privacy Policy is incorporated by reference into this Terms of Use Policy. The HISHE Privacy Policy describes our use, in conjunction with your responsibility, for the protection of your personal information. By continuing to use the HISHE Website, you also agree to the terms and conditions of the HISHE Privacy Policy.
Termination of Your Use
HISHE reserves the right, in their sole discretion, to terminate your use and access to the Website for any violation of the HISHE Terms of Use Policy or the HISHE Privacy Policy. You may terminate your use of any HISHE Website at any time.
Liability & Indemnification of HISHE, Content Providers, or Other Licensors
By continuing to use this Website, you hereby agree to assume all the responsibility and risk associated with using this Website to view the Content. Neither HISHE nor any Content Provider or other Licensor is liable for the information provided on this Website. YOU ARE USING THIS WEBSITE AND RELYING ON THE INFORMATION PROVIDED AT YOUR OWN RISK. There may be errors on the Website that affect the accuracy of the information provided. HISHE reserves the right to update, correct, or make changes to the information provided without any prior notice.
Neither HISHE or any Content Provider or other Licensor is liable for any damages arising out of your reliance on the information provided on this Website. HISHE, Content Providers and/or other Licensors are also not liable for any viruses or damages from viruses that may affect your computer equipment, stored data, software, or any other property that occurs due to your usage of this Website or any linked website that you access through a HISHE Website.
IN NO EVENT OR CIRCUMSTANCE WILL HISHE OR ANY CONTENT PROVIDER OR OTHER LICENSOR BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND. FURTHER, YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD HARMLESS HISHE AND ANY CONTENT PROVIDER OR LICENSOR FROM ANY AND ALL LIABILITY OR LOSSES, CLAIMS, DEMANDS, DAMAGES, JUDGMENTS, AND COSTS FOR, OR ARISING FROM, THE USE OR INABILITY TO USE THIS WEBSITE OR ANY RELIANCE ON ANY SITE CONTENT, REGARDLESS OF ANY NOTIFICATION, CAUSE OR ANY FAULT OR NEGLIGENCE OF HISHE, AN CONTENT PROVIDER OR LICENSOR, THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AFFILIATES, OR OTHERWISE.
Disclaimer of Warranties
ALL HISHE WEBSITES AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER HISHE, NOR ANY CONTENT PROVIDER, MAKES ANY WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE CONTENT OR WEBSITE’S MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PERFORMANCE. NEITHER HISHE OR ANY CONTENT PROVIDER MAKES ANY REPRESENTATIONS OR WARRANTIES THAT (1) THE WEBSITE AND SITE CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED; (2) ANY DEFECTS OR INCORRECT INFORMATION WILL BE CORRECTED; (3) THAT THE WEBSITE OR ITS HOST SERVER ARE VIRUS FREE; OR (4) THAT YOU WILL BE COMPLETELY SATISFIED WITH THE SERVICES OR PRODUCTS OFFERED.
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Applicable Law; Governing Law & Jurisdiction
The owners and operations of HISHE are based in the state of Texas and the owners of HISHE do not make nor do they intend to make any representations that the materials and information available on any HISHE Website are suitable for use in other locations. Each individual user is responsible for complying with any applicable local laws. By placing a Website on the Internet, HISHE does not intend to purposely avail itself to any other jurisdiction nor does it entitle HISHE to any benefits or privileges in any other jurisdiction.
This Terms of Use Policy shall be construed in accordance with the laws of the state of Texas and the United States of America, and venue for any cause of action arising hereunder shall lie in the state or federal courts of Dallas, Dallas County, Texas. By continuing to use this Website, you agree to submit to the jurisdiction of such courts.
Miscellaneous
No consent or waiver, express or implied, by HISHE with respect to the strict enforcement of any provision included in this Terms of Use Policy or other incorporated document will be deemed or construed to be a consent or waiver with respect to any future enforcement of the same provision or any other provision of this Terms of Use Policy or any other incorporated document.
Should any of the terms, conditions or provisions of this Terms of Use Policy or any other incorporated document be held to be illegal, invalid or unenforceable by any court of competent jurisdiction, such terms will be deemed to be separable in such jurisdiction and the legality, validity and enforceability of the remaining terms, conditions or provisions will not be affected thereby. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there will be added automatically as a part of this Terms of Use Policy or any other incorporated document, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible, in order to make the provision legal, valid and enforceable. It is the intent and expectation of the parties that each provision of this Terms of Use Policy and any other incorporated document will be honored, performed, and enforced as it is written.
This Terms of Use Policy and any other incorporated document may be supplemented, amended, or modified only by HISHE and only in writing. No course of dealing between you and HISHE will be construed to have modified, supplemented, or amended this Terms of Use Policy or any other incorporated document.
Contact Us
If you should have any questions of concerns about this Terms of Use Policy, or you would like to report a violation of this Policy or any other incorporated document, please do so by contacting us at the following address:
How It Should Have Ended, LLC
P.O. Box 225013
Dallas, TX 75222
howitshouldhaveended@gmail.com
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