Terms of Service for HanhDbrown Website
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEBSITE (“TOS”) BEFORE USING THIS SITE. By accessing, linking to, or using this site or any service on this site, you signify YOUR ACCEPTANCE OF THE TOS.
HDB Media, we reserve the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately upon posting. Your continued use of the site after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified.
1. User Consent to the TOS
You represent that you have read, understood, and agree to be bound by the TOS. If you do not agree to these terms, you must not access or use our Service.
2. Definitions
“Service” refers to the website, content, and any other services provided by HDB Media.
“User” refers to any individual or entity that accesses or uses the Service.
“Content” refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials that appear on or are available through the Service.
3. Intellectual Property
3.1 Ownership: The Service and all Content, including but not limited to text, articles, photographs, images, graphics, logos, and any other materials, are owned by or licensed to HDB Media and are protected by copyright, trademark, and other intellectual property laws.
3.2 Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use, subject to these TOS.
3.3 Restrictions: You agree not to:
a) Copy, reproduce, distribute, modify, or create derivative works of the Service or Content without our express written permission.
b) Use any data mining, robots, or similar data gathering and extraction methods on the Service.
c) Attempt to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service.
3.4 User-Generated Content: By submitting any content to our Service (e.g., comments, feedback), you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service and our business operations.
4. Use of the Service
4.1 Acceptable Use: You agree to use the Service only for lawful purposes and in accordance with these TOS. You shall not use the Service in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Service.
4.2 Prohibited Activities: You agree not to engage in any of the following prohibited activities:
a) Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
b) Interfering with or disrupting the Service or servers or networks connected to the Service.
c) Posting, transmitting, or disseminating any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy.
d) Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
5. News Content and Journalistic Standards
5.1 Accuracy: We strive to ensure the accuracy of our news content. However, we do not guarantee the accuracy, completeness, or timeliness of any information provided through the Service.
5.2 Corrections: If you believe any content on our Service is inaccurate, please contact us at [Your Contact Email]. We will review the content and make corrections as necessary.
5.3 Fair Use and Attribution: You may use limited excerpts of our content for non-commercial purposes, provided you give proper attribution to [Your Business Name]. For any other use, you must obtain our written permission.
5.4 User Interactions with News Content: Users are encouraged to engage with our content through comments and sharing. However, we reserve the right to moderate, edit, or remove user comments that violate these TOS or our community guidelines.
5.5 Journalistic Standards: We are committed to maintaining high journalistic standards in our news reporting. Our practices include:
a) Fact-checking: We strive to verify all information before publication.
b) Source protection: We respect the confidentiality of our sources when necessary.
c) Corrections: We promptly correct any errors and provide updates as new information becomes available.
d) Transparency: We disclose potential conflicts of interest and clearly distinguish between news reporting and opinion pieces.
e) Ethical reporting: We adhere to ethical journalistic practices, including respect for privacy, avoidance of defamation, and fair representation of diverse viewpoints.
5.6 Content Removal and Moderation:
a) User Comments: We moderate user comments to ensure they comply with our community guidelines. Comments may be removed if they:
– Contain hate speech, personal attacks, or abusive language
– Spread misinformation or unverified claims
– Violate copyright or intellectual property rights
– Contain spam or commercial solicitations
– Violate any applicable laws or regulations
b) Content Takedown: We may remove or alter published content if:
– It is found to be factually incorrect
– It violates copyright or other legal rights
– A court order or legal authority requires its removal
– It poses a risk to public safety or national security
c) Appeals: If your content or comment is removed, you may appeal the decision by contacting us at Hanh@hanhbrown.com.
6. Privacy and Data Protection
6.1 Data Collection: We collect and process personal data as described in our Privacy Policy. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate.
6.2 Data Security: We implement reasonable security measures to protect your personal information. However, we cannot guarantee the security of any information you transmit to us or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
6.3 Cookies: We use cookies and similar tracking technologies to track activity on our Service and hold certain information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.
7. Fees and Payments
7.1 Subscription Services: We may offer paid subscription services. If you choose to purchase a subscription, you agree to pay all fees associated with the subscription plan you select.
7.2 Payment Terms: All fees are due in advance and are non-refundable, except as required by law or as explicitly stated in these TOS.
7.3 Renewal and Cancellation: Subscriptions automatically renew unless cancelled. You may cancel your subscription at any time by contacting us at Hanh@hanhbrown.com.
7.4 Refund Policy: Subscription fees are generally non-refundable. However, we may issue refunds on a case-by-case basis for:
a) Technical issues that significantly impair access to our Service
b) Incorrect charges or billing errors
c) Other circumstances at our discretion
To request a refund, please contact us at Hanh@hanhbrown.com with your account details and reason for the request.
7.5 Payment Disputes: If you believe you’ve been incorrectly charged, please contact us at [Your Contact Email] before initiating a chargeback with your payment provider. We will work with you to resolve any billing issues promptly.
7.6 Price Changes: We reserve the right to change our subscription prices at any time. We will notify you of any price changes at least 30 days before they take effect. If you do not agree with the price changes, you may cancel your subscription before the new prices take effect.
8. Disclaimer and Limitation of Liability
8.1 Disclaimer: THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
8.2 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HDB MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
9. Indemnification
You agree to indemnify, defend, and hold harmless [Your Business Name], its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these TOS or any activity related to your account by you or any other person accessing the Service using your account.
10. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the TOS. Upon termination, your right to use the Service will immediately cease.
11. Governing Law and Jurisdiction
These TOS shall be governed and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Our failure to enforce any right or provision of these TOS will not be considered a waiver of those rights.
12. Dispute Resolution
12.1 Arbitration Agreement: Any dispute arising out of or relating to these TOS shall be resolved through binding arbitration administered by [Specify Arbitration Body] in accordance with its applicable rules. The arbitration shall take place in Canton, MI and shall be conducted in English.
12.2 Class Action Waiver: YOU AND [YOUR BUSINESS NAME] AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HDB MEDIA agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
12.3 Small Claims Court: Notwithstanding the foregoing, either party may bring an individual action in small claims court.
12.4 Arbitration Opt-Out: You have the right to opt out of this agreement to arbitrate. If you do so, neither you nor [Your Business Name] can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
HDB MEDIA
ATTN: Arbitration Opt-out
PO Box 871843
Canton MI 48187
You must include your name and residence address, the email address you use for your account, and a clear statement that you want to opt out of this arbitration agreement.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these TOS at any time. We will provide notice of any material changes by posting the new TOS on this page and updating the “Last Updated” date. Your continued use of the Service after any such changes constitutes your acceptance of the new TOS.
14. Contact Information
If you have any questions about these Terms of Service, please contact us at:
HDB Media
PO Box 871843
Canton MI 48187
hanh@hanhbrown.com
Last Updated: 8-1-2024
