Terms of Use
These Terms of Use (“Terms of Use” or “Agreement”) govern the use of www.heuloria.com (the “Site”) by all visitors to the Site. As such, these Terms of Use constitute a binding agreement between you, as a user of the Site (“you” or “user”), and READMOB TECHNOLOGIES (HK) LIMITED and/or its affiliated entities UK subsidiary READMOB LIMITED (collectively referred to as “READMOB TECHNOLOGIES (HK) LIMITED,” “us,” “we,” or “our”)(""heuloria.com"", the ""Site""). By using the Site, you agree at all times during your use to abide by these Terms of Use and any additions or amendments. Therefore, we ask that you please read these Terms of Use carefully prior to enjoying the Site. Please know that these Terms of Use do not create a confidential relationship between you and us.
Your use of the Site is also subject to our Privacy Policy. Therefore, please also review the Privacy Policy carefully prior to using the Site. In the event that there is any conflict between the provisions within these Terms of Use and the provisions within the Privacy Policy, the provisions of the Privacy Policy will apply. READMOB LIMITED as processing entity for transactions from EU and READMOB TECHNOLOGIES (HK) LIMITED for the rest, located at Flat/RM 901 YIP FUNG BUILDING, 2-12 D'AGUILAR STREET, CENTRAL HK.
If you reside in a country within the European Union, these terms are an agreement between you and READMOB LIMITED. Under this agreement, goods and/or services will be delivered via READMOB LIMITED as an agent of READMOB TECHNOLOGIES (HK) LIMITED, or by READMOB TECHNOLOGIES (HK) LIMITED , depending on the type of payment method used for the purchase of the goods and/or services. If you reside in any other country these terms are an agreement between you and READMOB TECHNOLOGIES (HK) LIMITED, and goods and/or services will be delivered by READMOB TECHNOLOGIES (HK) LIMITED directly.
Processing and Disclosure of Information
We want to ensure all users of the Site that the information collected is processed and disclosed in line with these Terms of Use and the Privacy Policy. In addition to considering the provisions of these agreements, we ask that you review the below terms, which apply to the processing and disclosure of information collected via the Site.
The information that you provide to the Site will be added to our database. In the course of processing your information, information may be shared with third party service providers for the purposes outlined within these Terms of Use. Situations in which heuloria.com may disclose your information to third parties include:
when we have received your consent to do so;
in situations where sharing or disclosing your information is required in order to offer you services requested by you;
when companies or service providers that perform business activities on behalf of heuloria.com require such information (e.g., customer support services, payment processing services, or database management services);
to comply with legal or regulatory requirements or obligations in accordance with applicable law or court order;
in order to provide information that will enable us to make our services and those of our trusted partners more effective;
to third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets; or
to protect against potential fraud, we may verify with third parties the information collected from the Site.
If information is shared as mentioned above, we seek to limit the scope of information that is furnished to the amount necessary for the performance of the specific function. Unless otherwise required, we attempt to ensure third parties protect your information and abide by applicable privacy laws and regulations. For more information regarding our use and sharing of the information you provide on this Site, please visit our Privacy Policy.
Implied Permission
Please note that, while heuloria.com may seek your consent regarding certain uses of your information, it may not do so in all instances. For example, in some cases your permission will be implied from the nature of the service requested or transaction undertaken. For instance,heuloria.com may disclose your information to mail carriers or credit card processors in order to provide a product or fulfill a service to you. In instances like this, because the use of your information is necessary to complete the service, your permission for these uses is implied.
Your Choices Regarding Communications
As a user of the Site, you may receive communications, via email, mail, and possibly by phone, related to the information and services provided through the Site. You will have the ability to unsubscribe from certain communications from heuloria.com. For example, some email messages may be more commercial in nature, such as alerts or personalized updates, company announcements or website updates. For these types of communications, we will provide you the opportunity to exercise an opt-out or unsubscribe choice if you do not want to receive these types of communication from us. However, doing so may cause you to be uninformed about information provided on the Site. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.
Users may not be able to opt-out or unsubscribe from other types of communications. For example, we may use your email address to confirm your request, to send you notice regarding your transaction, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.
International Transfer of Information
If you choose to provide us with personal information, heuloria.com may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from HK law, please note that you are transferring your personal information to the HK which does not have the same data protection laws as the EU and by providing your personal information you consent to:
the use of your personal information for the uses identified above in accordance with this privacy policy; and
the transfer of your personal information to the HK as indicated above.
Use of and Comments to Material
If you disagree with any material you find on the Site, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting usthrough Contact us page.
The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Site, you should confirm any facts that are important to your decision. heuloria.com and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site. heuloria.com is not responsible for, and cannot guarantee the performance of goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by heuloria.com or its licensors.
Product Availability and Pricing
Due to product demand and changes in product availability, including as a result of our discontinuing certain products as determined by us in our discretion, product availability through heuloria.com is not guaranteed. This applies even for products that you may have purchased previously through heuloria.com. You can contact a customer service representative through the Contact Us page to determine product availability.
Prices for products offered through heuloria.com are subject to change as determined by us in our discretion. Such pricing policy applies to all products, including products that you may have purchased previously through heuloria.com.
Shipments and Applicable Duties and Taxes
Depending on the country to which you instruct us to ship your order, your order may be subject to import taxes, customs duties and fees and/or other similar types of governmental taxes, duties or fees (collectively, “Duties and Taxes”). You are responsible for the payment of all such Duties and Taxes, irrespective of when you are billed or charged for Duties and Taxes. We have no control over these charges as customs policies vary widely from country to country. When you place an order for which Duties and Taxes are applicable, the calculation of the Duties and Taxes payable by you may not occur until after you have placed your order. This means that the first time you learn about the amount of the Duties and Taxes charged to you may not be until you receive your credit card statement or your receipt from us with your shipment. In some cases, the calculation of Duties and Taxes may cause a shipping delay beyond our original delivery estimates.
General Return Policies
1. Contact our Customer Service to initiate the return process within 7 days upon receiving your item(s).
Please note that we only accept products in their original condition, and we cannot process any products that are returned without our prior knowledge. If you wish to return any or all parts of your order, you will need to contact customer service at Contact Us and obtain a "Product Return" form that must be included with your package. All the return item(s) will go through inspections. We will process the refund when we get the returned package and confirm that the product has the problems mentioned.
2. Mis-shipped products: Once we have confirmed your mis-shipped items (item shipped different from item ordered), we will be responsible for the item exchange and postage. You may also return the product and get a full refund including postage.
3. Color Errors: If the color of the item received is not what was ordered, you are qualified to get a full refund.
4. This return policy does not apply to our business resellers. Please contact us for additional instructions.
Notice and Procedure for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement must be sent to Service Provideron ip@heuloria.com.
To be effective, the notification must be a written communication that includes the following:
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 at a single online site are covered by a single notification, a representative list of such works at that site;
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 electronic mail 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.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a HK Court for the judicial district in which your physical address is located, or if your physical address is outside of the HK, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
User Generated Content
From time to time, we may permit you to submit photographs, videos, and other user generated content (collectively, “UGC”). In submitting such materials, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant heuloria.com, heuloria.com’s joint venture partners, vendors, distributors, and the parents, affiliates, subsidiaries, agents, licensees, successors and assigns of all of the foregoing (collectively, "heuloria.com Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your UGC submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the heuloria.com Parties may or may not earn or generate through its use of your Submission.
heuloria.com Parties' Right to Use Your Submission. You grant the heuloria.com Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation radio broadcast, television, home video/DVD products, and mobile services) of the heuloria.com Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the heuloria.com Parties the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.
Clearance of Your Submission for the heuloria.com Parties' Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the heuloria.com Parties' use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the heuloria.com Parties' use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Submission as used and distributed by the heuloria.com Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver; Indemnification. You acknowledge that the heuloria.com Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the heuloria.com Parties from any and all claims arising from their use and distribution of your Submission as permitted herein.
Community and Social Media Sites, Chat Rooms, Forums, and Blogs
heuloria.com wants to encourage an open exchange of information and ideas through the Site, but we cannot and do not review every posting made on heuloria.com’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than heuloria.com. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted on heuloria.com’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user -- you alone are responsible for material you post. heuloria.com does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.
By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:
• Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
• Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
• Impersonates any person, business or entity, including heuloria.com and its employees and agents or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including heuloria.com;
• Contains an advertisement or solicitation or encourages others to make a donation;
• Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
• Results in the posting or transmission of any message anonymously or under a false name;
• Permits any person to access, using your account, any features of the Site that may require registration;
• Results in a single message being posted to more than five areas of the Site or affiliated web sites, results in any message being posted to any area of the Site if that message is, in our view, off-topic or in violation of these Terms of Use; or
• Violates these Terms of Use, guidelines or any policy posted on the Site, or interferes with the use of the Site by others.
Although heuloria.com cannot monitor all content on heuloria.com’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that heuloria.com shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any other operating rules that may be established by heuloria.com from time to time. heuloria.com shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Submissions, submitted to or posted on the Site for any reason, including violation of these Terms of Use, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Submissions. You acknowledge and agree that neither heuloria.com nor any of its affiliates shall assume or have any liability for any action or inaction by heuloria.com with respect to any conduct within the Site or any communication or posting on the Site. heuloria.com also reserves the right to disclose any information that heuloria.com believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
heuloria.com requires you not to use the Site to violate anyone's copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Site, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms of Use, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
Our Use of Materials
With the exception of any and all Submissions (heuloria.com’s permitted use of which is discussed above) and any material posted on heuloria.com’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of heuloria.com and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on heuloria.com’s community and social media sites, you are granting to heuloria.com, and to anyone authorized by heuloria.com, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on heuloria.com’s community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprieta
These Terms of Use (“Terms of Use” or “Agreement”) govern the use of www.heuloria.com (the “Site”) by all visitors to the Site. As such, these Terms of Use constitute a binding agreement between you, as a user of the Site (“you” or “user”), and READMOB TECHNOLOGIES (HK) LIMITED and/or its affiliated entities UK subsidiary READMOB LIMITED (collectively referred to as “READMOB TECHNOLOGIES (HK) LIMITED,” “us,” “we,” or “our”)(""heuloria.com"", the ""Site""). By using the Site, you agree at all times during your use to abide by these Terms of Use and any additions or amendments. Therefore, we ask that you please read these Terms of Use carefully prior to enjoying the Site. Please know that these Terms of Use do not create a confidential relationship between you and us.
Your use of the Site is also subject to our Privacy Policy. Therefore, please also review the Privacy Policy carefully prior to using the Site. In the event that there is any conflict between the provisions within these Terms of Use and the provisions within the Privacy Policy, the provisions of the Privacy Policy will apply. READMOB LIMITED as processing entity for transactions from EU and READMOB TECHNOLOGIES (HK) LIMITED for the rest, located at Flat/RM 901 YIP FUNG BUILDING, 2-12 D'AGUILAR STREET, CENTRAL HK.
If you reside in a country within the European Union, these terms are an agreement between you and READMOB LIMITED. Under this agreement, goods and/or services will be delivered via READMOB LIMITED as an agent of READMOB TECHNOLOGIES (HK) LIMITED, or by READMOB TECHNOLOGIES (HK) LIMITED , depending on the type of payment method used for the purchase of the goods and/or services. If you reside in any other country these terms are an agreement between you and READMOB TECHNOLOGIES (HK) LIMITED, and goods and/or services will be delivered by READMOB TECHNOLOGIES (HK) LIMITED directly.
Processing and Disclosure of Information
We want to ensure all users of the Site that the information collected is processed and disclosed in line with these Terms of Use and the Privacy Policy. In addition to considering the provisions of these agreements, we ask that you review the below terms, which apply to the processing and disclosure of information collected via the Site.
The information that you provide to the Site will be added to our database. In the course of processing your information, information may be shared with third party service providers for the purposes outlined within these Terms of Use. Situations in which heuloria.com may disclose your information to third parties include:
when we have received your consent to do so;
in situations where sharing or disclosing your information is required in order to offer you services requested by you;
when companies or service providers that perform business activities on behalf of heuloria.com require such information (e.g., customer support services, payment processing services, or database management services);
to comply with legal or regulatory requirements or obligations in accordance with applicable law or court order;
in order to provide information that will enable us to make our services and those of our trusted partners more effective;
to third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets; or
to protect against potential fraud, we may verify with third parties the information collected from the Site.
If information is shared as mentioned above, we seek to limit the scope of information that is furnished to the amount necessary for the performance of the specific function. Unless otherwise required, we attempt to ensure third parties protect your information and abide by applicable privacy laws and regulations. For more information regarding our use and sharing of the information you provide on this Site, please visit our Privacy Policy.
Implied Permission
Please note that, while heuloria.com may seek your consent regarding certain uses of your information, it may not do so in all instances. For example, in some cases your permission will be implied from the nature of the service requested or transaction undertaken. For instance,heuloria.com may disclose your information to mail carriers or credit card processors in order to provide a product or fulfill a service to you. In instances like this, because the use of your information is necessary to complete the service, your permission for these uses is implied.
Your Choices Regarding Communications
As a user of the Site, you may receive communications, via email, mail, and possibly by phone, related to the information and services provided through the Site. You will have the ability to unsubscribe from certain communications from heuloria.com. For example, some email messages may be more commercial in nature, such as alerts or personalized updates, company announcements or website updates. For these types of communications, we will provide you the opportunity to exercise an opt-out or unsubscribe choice if you do not want to receive these types of communication from us. However, doing so may cause you to be uninformed about information provided on the Site. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.
Users may not be able to opt-out or unsubscribe from other types of communications. For example, we may use your email address to confirm your request, to send you notice regarding your transaction, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.
International Transfer of Information
If you choose to provide us with personal information, heuloria.com may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from HK law, please note that you are transferring your personal information to the HK which does not have the same data protection laws as the EU and by providing your personal information you consent to:
the use of your personal information for the uses identified above in accordance with this privacy policy; and
the transfer of your personal information to the HK as indicated above.
Use of and Comments to Material
If you disagree with any material you find on the Site, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting usthrough Contact us page.
The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Site, you should confirm any facts that are important to your decision. heuloria.com and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site. heuloria.com is not responsible for, and cannot guarantee the performance of goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by heuloria.com or its licensors.
Product Availability and Pricing
Due to product demand and changes in product availability, including as a result of our discontinuing certain products as determined by us in our discretion, product availability through heuloria.com is not guaranteed. This applies even for products that you may have purchased previously through heuloria.com. You can contact a customer service representative through the Contact Us page to determine product availability.
Prices for products offered through heuloria.com are subject to change as determined by us in our discretion. Such pricing policy applies to all products, including products that you may have purchased previously through heuloria.com.
Shipments and Applicable Duties and Taxes
Depending on the country to which you instruct us to ship your order, your order may be subject to import taxes, customs duties and fees and/or other similar types of governmental taxes, duties or fees (collectively, “Duties and Taxes”). You are responsible for the payment of all such Duties and Taxes, irrespective of when you are billed or charged for Duties and Taxes. We have no control over these charges as customs policies vary widely from country to country. When you place an order for which Duties and Taxes are applicable, the calculation of the Duties and Taxes payable by you may not occur until after you have placed your order. This means that the first time you learn about the amount of the Duties and Taxes charged to you may not be until you receive your credit card statement or your receipt from us with your shipment. In some cases, the calculation of Duties and Taxes may cause a shipping delay beyond our original delivery estimates.
General Return Policies
1. Contact our Customer Service to initiate the return process within 7 days upon receiving your item(s).
Please note that we only accept products in their original condition, and we cannot process any products that are returned without our prior knowledge. If you wish to return any or all parts of your order, you will need to contact customer service at Contact Us and obtain a "Product Return" form that must be included with your package. All the return item(s) will go through inspections. We will process the refund when we get the returned package and confirm that the product has the problems mentioned.
2. Mis-shipped products: Once we have confirmed your mis-shipped items (item shipped different from item ordered), we will be responsible for the item exchange and postage. You may also return the product and get a full refund including postage.
3. Color Errors: If the color of the item received is not what was ordered, you are qualified to get a full refund.
4. This return policy does not apply to our business resellers. Please contact us for additional instructions.
Notice and Procedure for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement must be sent to Service Provideron ip@heuloria.com.
To be effective, the notification must be a written communication that includes the following:
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 at a single online site are covered by a single notification, a representative list of such works at that site;
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 electronic mail 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.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a HK Court for the judicial district in which your physical address is located, or if your physical address is outside of the HK, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
User Generated Content
From time to time, we may permit you to submit photographs, videos, and other user generated content (collectively, “UGC”). In submitting such materials, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant heuloria.com, heuloria.com’s joint venture partners, vendors, distributors, and the parents, affiliates, subsidiaries, agents, licensees, successors and assigns of all of the foregoing (collectively, "heuloria.com Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your UGC submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the heuloria.com Parties may or may not earn or generate through its use of your Submission.
heuloria.com Parties' Right to Use Your Submission. You grant the heuloria.com Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation radio broadcast, television, home video/DVD products, and mobile services) of the heuloria.com Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the heuloria.com Parties the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.
Clearance of Your Submission for the heuloria.com Parties' Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the heuloria.com Parties' use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the heuloria.com Parties' use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Submission as used and distributed by the heuloria.com Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver; Indemnification. You acknowledge that the heuloria.com Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the heuloria.com Parties from any and all claims arising from their use and distribution of your Submission as permitted herein.
Community and Social Media Sites, Chat Rooms, Forums, and Blogs
heuloria.com wants to encourage an open exchange of information and ideas through the Site, but we cannot and do not review every posting made on heuloria.com’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than heuloria.com. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted on heuloria.com’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user -- you alone are responsible for material you post. heuloria.com does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.
By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:
• Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
• Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
• Impersonates any person, business or entity, including heuloria.com and its employees and agents or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including heuloria.com;
• Contains an advertisement or solicitation or encourages others to make a donation;
• Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
• Results in the posting or transmission of any message anonymously or under a false name;
• Permits any person to access, using your account, any features of the Site that may require registration;
• Results in a single message being posted to more than five areas of the Site or affiliated web sites, results in any message being posted to any area of the Site if that message is, in our view, off-topic or in violation of these Terms of Use; or
• Violates these Terms of Use, guidelines or any policy posted on the Site, or interferes with the use of the Site by others.
Although heuloria.com cannot monitor all content on heuloria.com’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that heuloria.com shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any other operating rules that may be established by heuloria.com from time to time. heuloria.com shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Submissions, submitted to or posted on the Site for any reason, including violation of these Terms of Use, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Submissions. You acknowledge and agree that neither heuloria.com nor any of its affiliates shall assume or have any liability for any action or inaction by heuloria.com with respect to any conduct within the Site or any communication or posting on the Site. heuloria.com also reserves the right to disclose any information that heuloria.com believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
heuloria.com requires you not to use the Site to violate anyone's copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Site, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms of Use, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
Our Use of Materials
With the exception of any and all Submissions (heuloria.com’s permitted use of which is discussed above) and any material posted on heuloria.com’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of heuloria.com and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on heuloria.com’s community and social media sites, you are granting to heuloria.com, and to anyone authorized by heuloria.com, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on heuloria.com’s community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprieta
