Terms and Conditions of Use: Electronic Press Kits
PLEASE READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS MATERIAL.
By using this Electronic Press Kit (the “EPK”), you signify your assent to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions, do not use the EPK. We may revise and update these Terms and Conditions at any time without notice to you. You shall be responsible for any updates, changes or additions that we post on the Human Press Room. Your continued usage of the EPK will mean you accept those changes.
1. Use of Material.
a. The content, including without limitation, text, artwork, photographs, videos, etc. posted on the EPK is owned by Human, Inc. (“Human”) and is the subject of copyright protection in the United States and internationally. The downloadable material on the EPK may be used only by authorized members of the press as a promotional tool to promote Human and its initiatives on professional media websites, publications, and broadcasts. No other uses are permitted without the prior written consent from Human. Use of the material in violation of the foregoing may result in civil and/or criminal proceedings and penalties. All rights not expressly granted herein are reserved to Human. “Human Headphones” is a registered trademark of Human Inc. Human Inc. is also the owner of all right, title and interest in and to Human Headphones, including without limitation the copyright therein.
b. Any use, duplication, display, preparation of derivative works based upon, or distribution of the EPK material other than as expressly permitted herein or pursuant to the written authorization of Human Inc. is strictly prohibited. You may not lease or sell the material in whole or in part. Human reserves the right to pursue any and all legal remedies to terminate any unauthorized use, duplication, display, preparation of derivative works based upon, or distribution of the material.
c. The EPK material cannot be used for parody or other distortion of any plot, theme, idea, image, likeness, character or name, nor in any way disparaging to Human Inc. or Human Headphones. Any use of the material not expressly provided for hereunder must be approved by Human Inc, in its sole discretion. The permission granted herein to use the material may be revoked at any time by Human Inc.
d. The EPK material is subject to change and your ability to access and/or use the material may be terminated without notice at the sole discretion of Human Inc. Nothing herein shall constitute a representation or warranty by Human Inc. that the material shall be error free.
e. If you violate any of these Terms and Conditions, without limiting any rights or remedies available to Human Inc., your permission to use the EPK material automatically terminates and you must immediately destroy any copies you have made of any portion of the material and discontinue accessing the EPK.
2. Use of the Website.
a. In your use of the EPK, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to (i) use the EPK for any purpose in violation of local, state, national, or international laws, (ii) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (iii) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the website, including without limitation any information residing on any server or database connected to the website or the services offered on or through the website, (iv) interfere with, interrupt, damage, disable, overburden, or impair the website made available on or through the website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, (v) attempt to gain unauthorized access to other computer systems through the website, (vi) linking to the website or any material displayed or accessible through the website, or (vii) assist any third party in doing any of the foregoing.
b. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the EPK, or make any unauthorized use thereof. You agree that you shall not use the EPK in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the EPK.
3. Liability of Human Inc.
a. The use of the EPK is at your own risk.
b. When using the EPK, information will be transmitted over a medium that may be beyond the control and jurisdiction of Human Inc. Accordingly, Human Inc. assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the EPK.
c. The EPK and the material are provided on an “as is” basis. Human Inc., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Human Inc. make no representations or warranties about the following: the accuracy, reliability, completeness, currentness, or timeliness of the material, software, text, graphics, links, or communications provided on or through the use of the EPK.
d. In no event shall Human Inc. or any third parties mentioned on the EPK be responsible for any claims if these Terms and Conditions are not followed or liable for any incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the EPK, whether based on warranty, contract, tort, or any other legal theory, and whether or not Human Inc. or any third parties mentioned on the EPK are advised of the possibility of such damages. Given that the EPK is provided to you on a gratuitous basis, the liability of Human Inc. and any third parties mentioned on the EPK shall be limited to actual damages incurred by you, not to exceed U.S. $1. Human Inc. or any third parties mentioned on the EPK are not liable for any personal injury, including death, caused by your use or misuse of the EPK. Any claims arising in connection with your use of the EPK, must be brought within one (1) year of the date of the event giving rise to such action occurred. Your remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
4. Rights Reserved. Human Inc. reserves the right to refuse access and/or refuse to provide EPK materials, including, without limitation, if Human Inc. believes that your conduct violates applicable law or is harmful to the interests of Human Inc.
5. Indemnity. You agree to defend, indemnify, and hold Human Inc. and its employees harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your use of and access to the EPK; or (ii) your violation of any term or condition of these Terms and Conditions. This defense and indemnification obligation will survive these Terms and Conditions and your use of the EPK.
a. Human Inc. is based in Seattle, Washington, in the United States of America. Human Inc. makes no claims that the EPK is appropriate or may be downloaded outside of the United States. Access to or use of the material may not be legal or authorized by certain persons or in certain countries due to the applicable laws in a country or due to the terms and conditions set forth herein. If you access the EPK from outside the United States, you do so at your own risk and are responsible for compliance with the applicable laws in the jurisdictions which you are accessing the EPK and for compliance with all of your obligations under these Terms and Conditions.
b. The following provisions survive the expiration or termination of the Terms and Conditions for any reason whatsoever: Liability, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.
a. You expressly agree that exclusive jurisdiction for any dispute with Human Inc., or in any way relating to your use of the EPK, resides in the federal and state courts of Seattle, Washington, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving Human Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
b. These Terms and Conditions are governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.