TERMS & CONDITIONS (“T&C”)
Effective Date of T&C: 01 March 2022
LAST UPDATED – 01/03/2022
TABLE OF CONTENTS
- ACCEPTANCE OF T&C, SUPPLEMENTAL TERMS & CONDITIONS, AND AMENDMENTS
- DESCRIPTION OF HZM SERVICES, DOWNLOAD OF HZM SERVICES, OUR PROPERTY, LICENSE, AND USAGE
- CREATION OF ACCOUNT, DIGITAL ITEMS, PRIZES, DELETING OF ACCOUNT, ACCURACY OF INFORMATION
- YOUR CONDUCT
- YOUR CONTRIBUTIONS & SUBMISSIONS
- AVAILABILITY OF HZM SERVICES, ACCOUNT, CONTRIBUTIONS & SUBMISSIONS
- LIMITATIONS OF WARRANTY, LIABILITY, INDEMNIFICATIONS
- THIRD-PARTY WEBSITES AND THIRD-PARTY CONTENT, ADVERTISERS, INTELLECTUAL PROPERTY NOTIFICATION
- USA, CALIFORNIA RESIDENTS
- GENERAL PROVISIONS, MISCELLANEOUS
ACCEPTANCE OF T&C, SUPPLEMENTAL TERMS & CONDITIONS, AND AMENDMENTS
These T&C constitute a legally binding agreement made between you, and HZM concerning your access to and use of HZM SERVICES. The PP shall form an integral part of the T&C and shall be understood to be a part of the T&C. You will be required to accept and agree to these T&C and PP prior to your usage of HZM SERVICES; otherwise, if you object and reject these T&C YOU ARE EXPRESSLY PROHIBITED FROM USING HZM SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on HZM SERVICES from time to time are hereby expressly incorporated into these T&C and shall form an integral part thereof. We reserve the right, in our sole discretion, to make changes or modifications to these T&C. We have the right to decide the method of notification regarding any change(s) of these T&C and you will be informed regarding the change(s) thereof. Such method shall be but not limited to: (1) providing notices within HZM SERVICES or (2) notifying you via your email account that is saved in our records. The change(s) shall take effect thirty (30) days after the notification and shall be published on the T&C section of HZM SERVICES as evidenced by the “LAST UPDATED” date of the T&C. You shall be entitled to reject the change(s) prior to the thirty (30) day period and shall be entitled to withdraw from the T&C and discontinue your use of HZM SERVICES. However, if you do not object to the change(s), remain silent and continue your use of HZM SERVICES after the thirty (30) day period and after the “LAST UPDATED” date of such revised T&C, it will be deemed that you have read, agreed to, and accepted the changes thereof.
DESCRIPTION OF HZM SERVICES, DOWNLOAD OF HZM SERVICES, OUR PROPERTY, LICENSE, AND USAGE
Brief Description of HZM SERVICES: HZM SERVICES shall involve a virtual carrom game with its own unique rules which can be found on HZM SERVICES sections concerning instructions and how to play.
When you use access and download HZM SERVICES obtained from either the Apple Store or Google (each an “App Distributor”), the following shall apply: (1) the license granted to you for HZM SERVICES is limited to a non-transferable license to use HZM SERVICES on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support SERVICES with respect to HZM SERVICES as specified in these T&C or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support SERVICES with respect to HZM SERVICES; (3) in the event of any failure of HZM SERVICES to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for HZM SERVICES, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to HZM SERVICES; (4) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using HZM SERVICES; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of HZM SERVICES, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the T&C of HZM SERVICES contained herein against you as a third-party beneficiary thereof.
Unless otherwise indicated, HZM SERVICES is our property and all, mobile application, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphi HZM on HZM SERVICES and the trademarks, service marks, and logos contained therein are defined and are part of HZM SERVICES and are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. HZM SERVICES is provided “AS IS” for your information and personal use only. Except as expressly provided in these T&C, no part of HZM SERVICES may be (1) copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission (2) decompiled, reverse engineered, disassembled, attempted to derive the source code of, or decrypted; (3) make any modifications, adaptations, improvements, enhancements, translations, or derivative work of HZM SERVICES; (4) violate any applicable laws, rules, or regulations in connection with your access or use of HZM SERVICES; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of HZM SERVICES; (5) use HZM SERVICES for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make HZM SERVICES available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use HZM SERVICES for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for HZM SERVICES; (8) use HZM SERVICES to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with HZM SERVICES.
Provided that you are eligible to use HZM SERVICES, you are granted a revocable, non-exclusive, non-transferable, limited license to, use access, download, install and HZM SERVICES for the purposes it was created for and as per these T&C, and on wireless electronic devices owned or controlled by you and to download or print a copy of any portion of the HZM SERVICES to which you have properly gained access solely for your personal, entertainment, and non-commercial use. We reserve all rights not expressly granted to you regarding HZM SERVICES.
Any violation of the foregoing, or any violation of these T&C, may result in, among other things, the termination or suspension of your usage of HZM SERVICES or parts thereof.
HZM SERVICES is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access HZM SERVICES from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
CREATION OF ACCOUNT, DIGITAL ITEMS, PRIZES, DELETING OF ACCOUNT, ACCURACY OF INFORMATION
You will be required to register and create an account with HZM SERVICES, which may involve information that is personal (“Account”). We may request the accuracy of any of the information provided. You agree to keep your Account’s password confidential and you agree that you will be responsible for all use of your Account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
In all cases, you shall be liable for your Account and it will be understood that your Account is controlled, operated, and conducted by you. As a result, you hereby agree to be held liable and responsible for all operations and actions emanating from your Account regardless of whether such operations and actions have been explicitly approved by you and the foregoing extends to any issues, such as, but not limited to, losses incurred by HZM SERVICES which arise as a result of the conduct emanating from your Account.
Moreover, you shall only be allowed to create and use one (1) Account for your use and such Account shall only be used in relation with HZM SERVICES.
Nowhere in these T&C, or anywhere on HZM SERVICES, shall it be interpreted or implied that you are the owner of the Account that you create with HZM SERVICES or that such Account is your property, regardless of the terms used to refer to the Account, such as but not limited to your or yours. The Account is for the sole purpose of participating in HZM SERVICES only. HZM is the sole owner of your Account and you are only granted a license to use such Account.
HZM SERVICES is intended for users (“users” or “user” shall mean any, user, or player, or participant, in HZM SERVICES”) who are natural persons, and are at least 16 years of age. Users who are considered minors in their respective jurisdiction must have the permission of, and be directly supervised by, their parent or guardian to use HZM SERVICES. If you are a minor, you must have your parent or read, agree, and accept these T&C, on your behalf and be fully responsible for the creation of your Account prior to your using of HZM SERVICES. Furthermore, if you are below 16 years of age, you shall not use HZM SERVICES or sign up for the creation of an Account or provide any type of information to HZM SERVICES.
For paid competition, HZM Services is not liable for compensation for any damage or error caused by the minor in case of participations without the consent of the legal guardian or the parents.
Options of creating an account:
You must create an account yourself by using either of the following methods:
a) Registering manually through HZM SERVICES by entering your email address and entering the required information. Such required information shall include your mobile number which HZM SERVICES will use to send you a mobile one-time password confirmation which will include a verification code, b) Linking an online account that you have with third-party service providers , such as Facebook, Google or Apple , (“Third-Party Account”) by providing your Third-Party Account login information to HZM SERVICES to create your Account; this account creation method will allow us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account information to us and/or grant us access to your Third-Party Account login information, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then your Account may be suspended or access to your Account may become unavailable or limited; in such case you will be required to contact HZM for assistance. You will have the ability to disable the connection between your Account on HZM SERVICES and your Third-Party Accounts at any time by contacting us or through your account settings 1. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Deleting your Account shall be performed at any time upon your request. The deletion of your Account shall be processed in accordance with the PP.
HZM is not required to provide any type of compensation or any type of benefits if your Account is deleted either by your own volition or by HZM, unless as applicable by law.
If it appears that your Account has been inactive for 5 consecutive Gregorian months, we shall deactivate your Account 2. The T&C shall remain in full force and effect as long as you are participating in HZM SERVICES. The T&C can be terminated upon your request and subsequent deletion of your Account or as per the instances and conditions stated in this T&C.
HZM offers you digital items for use within HZM SERVICES as part of your participation in HZM SERVICES (“Digital Items”). Expressions, in these T&C or HZM SERVICES, such as but not limited to, obtaining or earning- regardless of the terms used to describe them – are only utilized for explanatory purposes and shall not imply that you have a proprietary right to the Digital Items. HZM is the sole owner of the Digital Items and you are only granted a license to use such Digital Items which shall only be used in connection with HZM SERVICES. Digital Items shall not imply that you have any real balance or real-world currency and is not a reflection of any monetary value in the real world; the ultimate purpose of such Digital Items is for use within the confines of HZM SERVICES and the intention for which it was made. As part of the functionality of and your participation in HZM SERVICES, it may be possible to send or receive Digital Items to and from other users of HZM SERVICES for use within HZM SERVICES and for the purposes intended of such Digital Items and as per the restrictions and limitations stipulated in HZM SERVICES regarding the method and usage thereof.
As part of HZM SERVICES, we may offer monetary prizes which involves your direct participation in certain functions offered within HZM SERVICES (“Prize Offers”). You are not obligated to accept and participate in the Prize Offers and we are not obligated to provide you with the opportunity to participate in the Prize Offers unless you fulfill certain terms and conditions unique to the Prize Offers (“Prize T&C”); therefore, if we choose to offer you the Prize Offers and if you subsequently choose to accept and participate directly in the Prize Offers, you will be bound by the Prize T&C and its limitations if any. You will be required to read the Prize T&C and agree to be bound by it before your participation. Ultimately, you will only be able to participate in the Prize Offers if you agree and accept to be bound by the Prize T&C in its entirety; otherwise, if you do not accept and agree to be bound by the Prize T&C you will not be able to participate in the Prize Offers. Any participation in the Prize Offers will indicate that you have read, agreed, and accepted the Prize T&C.
Prize Offers may be subject to steps and procedures, all of which are contained in the Prize T&C, and if you do not fulfill such steps and procedures, or appear to be ineligible or unable to fulfill such steps and procedures, you may not be able to receive the Prize Offers irrespective of whether you have accepted and participated in the Prize Offers.
Prize Offers are not subject to any exchange or transfers for other items or things that have any type of value or non-value whether within HZM SERVICES or otherwise, and such Prize Offers are to be utilized by you only and for the purpose it was intended for.
In all cases, once you participate in the Prizes Offers, these T&C shall apply in conjunction with the Prize T&C. By using HZM SERVICES, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these T&C; (4) you are not under the age of 13 (or 16 in EEA); (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental or legal guardian permission to use HZM SERVICES and that parents or legal guardians thereof have read, understood and agreed to comply with these T&C; (6) you will not access HZM SERVICES through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use HZM SERVICES for any illegal or unauthorized purpose; and (8) your use of HZM SERVICES will not violate any applicable laws or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of HZM SERVICES (or any portion thereof).
You may not access or use HZM SERVICES for any purpose other than that for which we make HZM SERVICES available. HZM SERVICES may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us:
As a user of HZM SERVICES, you agree not to:
YOUR CONTRIBUTIONS & SUBMISSIONS
HZM may invite you, and make available a technical environment, either within HZM SERVICE or elsewhere, to chat, contribute to, review, or participate in blogs, message boards, online forums, and other mediums whether through HZM SERVICES or another medium, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphic HZM, or other material (collectively, “Contributions”). However, these Contributions are not in any way a solicitation or request for ideas by HZM to you, or a type of work or work for hire and shall not be considered as such and shall not be presumed to be so. Furthermore, you do not have the right participate unless it is provided by HZM and HZM SERVICES. Therefore, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
a) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. b) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, HZM SERVICES, and other users of HZM SERVICES to use your Contributions in any manner contemplated by HZM SERVICES and these T&C. c) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by HZM, HZM SERVICES and these T&C. d) Your Contributions are not false, inaccurate, or misleading. e) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. f) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). g) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. h) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. i) Your Contributions do not violate any applicable law, regulation, or rule. j) Your Contributions do not violate the privacy or publicity rights of any third party. k) Your Contributions do not contain any material that solicits personal information from anyone or exploits people in a sexual or violent manner. l) Your Contributions do not violate any laws concerning child pornography, or otherwise intended to protect the health or well-being of minors. m) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. n) Your Contributions do not otherwise violate, or link to material that violates, any provision of these T&C, or any applicable law or regulation.
Any use of HZM SERVICES in violation of the foregoing violates these T&C and may result in, amongst other things, termination or suspension of your rights to use HZM SERVICES or parts thereof. We may also choose to remove any of your Contributions should it go against or has potential issues with these T&C or HZM SERVICES.
In any case, all Contributions shall be dealt with in line with our PP. You shall take adequate steps for storing, backing up and saving your Contributions. Your Contributions shall remain yours in so far as your ownership of them is concerned.
By posting your Contributions to any part of HZM SERVICES
[or making Contributions accessible to HZM and HZM SERVICES], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, right, and license to, use your Contributions. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area related to HZM and HZM SERVICES. You are solely responsible for your Contributions to HZM and HZM SERVICES and you expressly agree to exonerate us from any and all responsibility whether by you or by a third party and to refrain from any legal action against us regarding your Contributions and this shall include but not limited to compensation to any third party or compensation to you.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on HZM SERVICES; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice, (4) issue you warnings We have no obligation to monitor your Contributions anywhere, or any Contributions that arise as a result of interactions that you have with other users in HZM SERVICES or elsewhere.
Your Contributions and HZM’s license to such Contributions shall cease once your Account is terminated by your own volition or terminated by the decision of HZM. Any third parties that retain your Contributions as a result of HZM sharing your Contributions during the license use shall be outside of the responsibility of HZM.HZM shall try as best as practically and reasonably possible to remove your Contributions from HZM SERVICES
If you apply to us to remove your Contributions, which shall be performed in accordance with the PP, we shall take practical and reasonable steps to comply; although in some instances, your Contributions may remain in HZM SERVICES cloud storage or physical storage systems as back up information. Furthermore, your Contributions may be retained if it is required by law.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, reviews, or other information regarding HZM and HZM SERVICES (“Submissions”) provided by you to us, whether directly, or through public spheres or mediums, are non-confidential. We shall be entitled to the unrestricted, unlimited, irrevocable, perpetual, non-exclusive, right, and license to the use of these Submissions. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. However, these Submissions are not in any way a solicitation or request for ideas by HZM or HZM SERVICES to you, or for any type of work or work for hire and shall not be considered as such and shall not be presumed to be so.
Your Submissions and HZM’s license to such Submissions shall cease once your Account is terminated by your own volition or terminated by the decision of HZM. Any third parties that retain your Submissions as a result of HZM sharing your Submissions during the license use shall be outside of the responsibility of HZM. HZM shall try as best as practically and reasonably possible to remove your Submissions from HZM SERVICES
If you apply to us to remove your Submissions, which shall be performed in accordance with the PP, we shall take practical and reasonable steps to comply; although in some instances, your Submissions may remain in HZM SERVICES cloud storage or physical storage systems as back up information. Furthermore, your Submissions may be retained if it is required by law.
In any case, all Submissions shall be dealt with in line with our PP. You shall take adequate steps for storing, backing up and saving your Submissions. Your Submissions shall remain yours in so far as your ownership of them is concerned
Contributions, and Submissions provided to HZM in a public sphere or public medium or through third-party websites, are: (1) your responsibility; (2) HZM shall not be responsible for how, and in what capacity and form, users of HZM SERVICES, or third parties that are able to access such Contributions and Submissions as a result of it being in a public sphere or public medium, use such Contributions and Submissions; (3) whether such Contributions and Submissions are used in accordance with applicable rights and in accordance with the law.
Contributions and Submissions may be viewable by other users within HZM SERVICES, or by third parties if such Contributions and Submissions were provided in a public sphere or public medium or through third-party websites.
AVAILABILITY OF HZM SERVICES, ACCOUNT, CONTRIBUTIONS & SUBMISSIONS
We reserve the right to change, modify, or remove the contents or features of HZM SERVICES at any time or for any reason at our sole discretion. We also reserve the right to modify or discontinue all or part of HZM SERVICES. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of HZM SERVICES. Moreover, we cannot guarantee that HZM SERVICES will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to HZM SERVICES, resulting in interruptions, delays, or errors. We reserve the right to decide the method of notification regarding the foregoing and you will be informed accordingly. Such method shall be but not limited to: (1) providing notices within HZM SERVICES or (2) notifying you via your email account that is saved in our records. The change(s) shall take effect thirty (30) days after the notification, unless such changes are required to take effect immediately. You shall be entitled to reject the change(s) prior to the thirty (30) day period and shall be entitled to withdraw from these T&C and terminate your Account and participation with HZM SERVICES. However, if you do not object to the change(s), remain silent and continue your use of HZM SERVICES after the thirty (30) day period, it will be deemed that you agreed to, and accepted the changes thereof. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use HZM SERVICES during any downtime or discontinuance of HZM SERVICES. Nothing in these T&C will be construed to obligate us to maintain and support HZM SERVICES or to supply any corrections, updates, or releases in connection therewith.
You may be required to download patches, software, or other necessary tools from us in order to use HZM SERVICES. You acknowledge that the foregoing may be necessary to continue using HZM SERVICES and any download thereof shall be subject to these T&C.
HZM SERVICES is under no obligation to compensate you or any third party for any of the instances indicated herein.
HZM SERVICES has the authority and right to restrict, revise, update, suspend, discontinue, or otherwise modify your Account or restrict or delay access to the whole or a portion of HZM SERVICES, or delay or delete your Contributions or Submissions as per these T&C and HZM SERVICES shall be absolved from any liability to compensate you for such instances
LIMITATIONS OF WARRANTY, LIABILITY, INDEMNIFICATIONS
HZM SERVICES IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF HZM SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM (1) WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION TO HZM SERVICES AND YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, (1) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, (2) AND NON-INFRINGEMENT.
HZM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF HZM AND HZM SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE HZM SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM HZM SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH HZM SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA HZM SERVICES.
HZM DOES NOT (1) WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH HZM SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND (2) WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL HZM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES AND INSTANCES ARISING FROM YOUR USE OF HZM SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TERMINATION OF YOUR ACCOUNT.
CERTAIN STATE LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A RESIDING IN OR ARE LOCATED IN THE EEA, SOME LIMITATIONS, RESTRICTIONS, THE EXCLUSIONS OR LIMITATION OR RESTRICTIONS MAY NOT APPLY TO YOU. HZM SHALL TAKE RESPONSIBILITY FOR A DAMAGE OR LOSS THAT IS FORSEEABLE AND IS A DIRECT CONSEQUENCE DUE TO HZM AND HZM SERVICES’ BREACH OF THE T&C OR DUE TO HZM OR HZM SERVICES’ (1) GROSS NEGLIGENCE, (2) MALICE. HOWEVER, WITH RESPECT TO DAMAGES OR LOSSES OR NEGLIGENT ACTS THAT ARE NOT FORSEEABLE, HZM SHALL NOT TAKE RESPONSIBILITY.
You agree to defend, indemnify, and hold us harmless, from and against any loss, damage, liability, claim, or demand, including attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions or Submissions (2) use of HZM SERVICES; (3) breach of these T&C; (4) any breach of your representations and warranties set forth in these T&C; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of HZM SERVICES with whom you interact via HZM SERVICES or facilitated through HZM SERVICES. Notwithstanding the foregoing, 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We reserve the right, but not the obligation, to: (1) monitor HZM SERVICES for violations of these T&C; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these T&C, including but without limitation to reporting HZM SERVICES’ user(s) to law enforcement authorities or government authorities if HZM are lawfully obligated to report such matters or give user(s) identity to a third party which claim that Contributions violate their privacy rights or proprietary/intellectual property rights; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or Submissions or any portion thereof or your access to HZM SERVICES completely; (4) in our sole discretion and without limitation, notice, or liability, to remove from HZM SERVICES or otherwise disable all Contributions or Submissions that are excessive in size or are in any way burdensome to our systems; and (5) manage HZM SERVICES in a manner designed to protect our rights and property and to facilitate the proper functioning of HZM SERVICES (6) review your Contributions and Submissions and to remove it in our sole discretion (7) save and record your Submissions, and Contributions (8) Interfere, at our discretion but without obligation, for the purpose of the users’ peaceful enjoyment of HZM SERVICES, or as per your request but without an obligation to do so, in disputes that arise between you and other users of HZM SERVICES, whether occurring as a result of your Contributions or Submissions or as a result of direct interactions in HZM SERVICES with other users; however, you are solely and ultimately responsible for such Contributions, Submissions, and such interactions including any actions or disputes or legal issues that arise as a result thereof.
THIRD-PARTY WEBSITES AND THIRD-PARTY CONTENT, ADVERTISERS, INTELLECTUAL PROPERTY NOTIFICATION
HZM SERVICES may contain (or you may be sent via HZM SERVICES) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphic HZM, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through HZM SERVICES or any Third-Party Content posted on, available through, or installed from HZM SERVICES, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave HZM SERVICES and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these T&C no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of Third-Party Websites or any website to which you navigate from HZM SERVICES or relating to any applications you use or install from HZM SERVICES; we have no control over the aforementioned and no responsibility for their terms and policies and any of their practices; any data that they automatically collect from you or any information that they request your permission for, such as but not limited to, your information or personal information is outside of our control. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or SERVICES offered on Third-Party Websites or any Third-Party Content and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of HZM SERVICES, such as but not limited to, sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on HZM SERVICES and any SERVICES provided on HZM SERVICES or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on HZM SERVICES, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We respect the intellectual property rights of others. If you believe that any material available on or through HZM SERVICES infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by HZM SERVICES infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on HZM SERVICES are covered by the Notification, a representative list of such works on HZM SERVICES; (3) 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; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) 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 (6) 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 upon.
If you believe your own copyrighted material has been removed from HZM SERVICES as a result of a mistake or misidentification, you may submit a written counter notification to [us/ HZM SERVICES Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
USA, CALIFORNIA RESIDENTS
If you are a consumer living in California, USA, then the following shall apply to you:
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer SERVICES of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Accessing or visiting or using HZM SERVICES, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on HZM SERVICES, satisfy any legal requirement that such communication be in writing. FURTHERMORE, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES TO SIGN ANY TYPE OF AGREEMENT OR CONTRACT OR POLICY, ORDERS, OTHER RECORDS, ANY TYPE OF DOCUMENT THAT REQUIRES A SIGNATURE, AND TO ELECTRONIC DELIVERY OF THE FOREGOING DOCUMENTS, NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA HZM SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
GENERAL PROVISIONS, MISCELLANEOUS
These T&C shall be governed and construed in accordance with the laws of the Kingdom of Bahrain. Any dispute that may arise between you and us over the interpretation or application of these T&C, shall be initially resolved through good faith negotiations within thirty (30) days of a notice of dispute issued by one the party to the other. In the event, such good faith negotiations fail, then dispute shall be referred to an Arbitral Tribunal in accordance with the rules and procedures provided for in Charter of the Commercial Arbitration Centre for the States of the Co-operation Council for the Arab States of the Gulf. The Arbitral Tribunal shall be composed of a single arbitrator. You have the discretion to opt out of the arbitration by providing us with a written notification to that effect within thirty days of raising the dispute in written notice by the concerned party in which case the dispute will transfer to the jurisdiction of the courts of the Kingdom of Bahrain.
These T&C, and any policies or operating rules posted by us on HZM SERVICES and contained within HZM SERVICES constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these T&C shall not operate as a waiver of such right or provision. These T&C shall operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time with or without your approval and consent. You shall not give away your rights and obligations to others at any time without our written consent.
If any provision or sub provision, or a sentence or phrase or several words or a number within a list of a provision or sub provisions in these T&C is determined to be unlawful, void, or unenforceable, that provision or sub provision, or a sentence or phrase or several words of a provision or sub provisions shall be deemed severable from these T&C and shall not affect the validity and enforceability of any remaining provisions or sub provision, or a sentence or phrase or several words of a provision or sub provisions in these T&C.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these T&C or use of HZM SERVICES. You agree that these T&C will not be construed against us by virtue of having drafted them.
In order to resolve a complaint regarding HZM or HZM SERVICES or to receive further information regarding use of HZM SERVICES, or for any of the instances contained in the T&C that necessitates communication to us, please contact us at:
Force Majeure: HZM shall not be responsible and liable for any of the following instances in so far as such instances prevents, cause problems, interruptions, delays, changes, to HZM SERVICES and its obligations: unforeseen events and events that are beyond the reasonable control of HZM including but not limited to strikes, blockade, war, mobilization, embargoes, terrorism, revolutions or riots, natural disasters, fire, refusal of license by the government or other governmental agencies or other stipulations or restrictions by the authorities, system failures, network infrastructure failures, failures of HZM SERVICES as a whole that occurred as a result of the instances mentioned and outside external factors.