Terms & Conditions
In the following Terms and Conditions (hereinafter referred to as “Terms”), “us”, “we” and “our” refers to either Belsono Hearing Centers or Hearing Health USA (depending upon ownership rights to the particular site being accessed at any given time). “You” or “your” shall refer to the person (or persons) providing images to our website or websites.
Terms Governing Your Submission of Images
By submitting to us your Images, you agree to the following terms: We retain the right, at our discretion, to modify these Terms at any time. By submitting Images to us you are hereby granting your approval and acceptance of all Terms, whether modified or unchanged.
License to Us
You grant us, without any compensation of any kind to you or others, the exclusive right and license to use, produce, copy, distribute, display, publish, perform, sell, sublicense, modify, edit, adapt, translate, transmit, create derivative works from any and all Images in any form, by and through any means we so select at any time. You hereby grant to us, without further approval from you, the rights to promote, market, and publish your Image with our services and products without further approval. The right and license you grant us hereto is perpetual, irrevocable, exclusive, royalty-free, unrestricted, global, and transferable only by us without any additional consent. You understand and agree that we have the option, but not the obligation, to use the Image you submit to us.
Your Submissions of Images and User Information
By submitting Images and/or User Information to us, it is further understood and agreed that, without additional consent:
· We may moderate the website, review the Images and User Information, and decide, at our sole discretion, whether to display, use or otherwise modify your Images.
· We may remove your Images and User Information at any time without notice to you.
· You understand and acknowledge that you are not, and will not be, compensated or granted any consideration (monetary or otherwise) by us, or any third party, in exchange for our use of your Images or by and through the parties we authorize to use them.
· You understand that we are not responsible for any information that may be gathered or used by any third party providing or affiliated with providing the email service we use to accept Image submissions.
You affirm, represent and warrant to us the Image(s) or User Information:
- Is not false, misleading, or inaccurate.
- Is appropriate for a public forum and is not defamatory, offensive, threatening, pornographic, discriminatory or otherwise offensive or objectionable.
- Does not infringe upon the rights or license, including without limitation any copyright, trademark, privacy or other intellectual or personal property rights, and does not conflict with any legal or binding agreement or commitment by you to or any third party.
- Does not include any information that references other websites, addresses, email addresses, copyrights or trademarks, contact information or phone numbers.
· You own or otherwise have licenses to or the rights, consents, and permissions to use and submit to us the Image(s) and User Information and to authorize us to use the Images and User Information as otherwise expressed in these Terms.
· Your agreement to these Terms does not in any way conflict with any existing legal agreement or commitment on your part to any other third party.
· Your images and User Information do not embody, reflect or reveal any confidential information and that we are not obligated to treat them as confidential.
- Does not contain any anti-copying protections, tracking devices, computer viruses, trojan horses, encryptionware, malware, worms or other potentially damaging computer programs or files.
Your Submission of Your Email Address
You agree that we and our authorized third-party service providers may use your email address to contact you about your Images and for other administrative purposes related to your obligations and our rights set forth in these Terms. We will not sell or otherwise solicit your email address to any other third party outside our company or third party provider.
Ownership of Copyright
The website contains material that is owned by or licensed to us. You may not copy, reproduce, download, upload, post distribute, republish, retransmit, perform or modify in any way any of the material on this website, including without limitation, any images or written material without our prior written consent. All rights and licenses not expressly granted to you in these terms are reserved to us.
Exclusion of Liability.
We make no representations or warranties, express or implied, regarding your submission of Images or User Information. We are not liable to you or any third party in any way for your submission of Images or User Information. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including implied warranties or merchantability, fitness for a particular purpose, title accuracy and non-infringement, or as deemed reasonably necessary. We do not warrant that the website or the material contained therein is free from error or will otherwise be corrected, or to the extent the server from which it is run, our affiliated companies or individuals, our licensees or other affiliated persons be liable for the direct, indirect, incidental, special or consequential damages or expenses of any kind (including without limitation, lost profits, damages arising from lost data, computer viruses, deletion of files, business interruption or personal injury or health problems) arising out of or in any way connected with the use of our website or the material or content contained or referred thereupon, or for any information obtained through our website or us, whether such damages are based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. If you are dissatisfied with any material or content on this website, or with any of these Terms, your sole and exclusive remedy is to discontinue using this website. We reserve the exclusive right to change or discontinue any aspect or feature of this website at any time, where applicable.
You agree to defend, indemnify and hold us harmless from any and all claims, suits, allegations, liabilities, damages, penalties, fines, costs and expenses, including reasonable attorneys’ fees, related to or arising out of any actual or alleged violation of these Terms. We will provide notice to you of any such claim, suit or proceeding at the email address that you submit to us with your Images and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
We may terminate your right to submit Images at any time without notice. However, such termination shall only apply to your right to submit Images and shall not in any other way terminate or limit any other provision of these Terms, all of which shall survive such termination of your right to submit Images.
These Terms constitute the entire agreement and understanding between you and us as to your submission of Images and User Information and our use of Images and User Information as set out in these Terms. Any and all prior or contemporaneous communications and/or proposals are superseded. These Terms are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to submission of Images or User Information to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
By submitting your Image and User Information you hereby acknowledge:
· You are 18 years of age or older.
- You are not falsely impersonating any person or your affiliation with another person or entity.
- Your Image(s) or User Information does not violate any Federal, State, local or municipal statute, law, ordinance, or any other restricted covenant.