Terms Of Service
Terms Of Service
THESE TERMS APPLY TO howchoo, LLC, (“howchoo” or “we” or “us”). THESE TERMS AND CONDITIONS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME (“Terms” or “this Agreement”) ARE A BINDING CONTRACT BETWEEN HOWCHOO AND YOU (“you” or “user”). BEFORE USING THE howchoo.com WEBSITE OR ANY VIDEO, AUDIO, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE WEBSITE (collectively, the “Site”), PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY, AND YOU AGREE TO FOLLOW THE GUIDELINES AND POLICIES THAT HOWCHOO MAY POST ON THE SITE OR PROVIDE TO YOU FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND NOT USE THE SITE. HOWCHOO MAKES THE SITE CONTENT AND INFORMATION ON THE SITE AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS. THESE TERMS APPLY TO ALL USERS, INCLUDING, BUT NOT LIMITED TO. VISITORS TO THE SITE, AND REGISTERED MEMBERS AUTHORIZED TO SUBMIT CONTENT TO THE SITE. IF YOU WISH TO BECOME A REGISTERED USER, COMMUNICATE WITH OTHER REGISTERED USERS AND/OR MAKE USE OF HOWCHOO’S SERVICES IN A SHAPE OR MANNER AS A USER, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
howchoo.com is a popular place to find instructions on a variety of things. You and other users of our Site have access to thousands of articles, video files and applications that are intended to provide directions on how to do things. Many of these articles are contributed by people from around the world, and represent a diversity of perspectives, experience and approaches to issues that may be of interest to you.
In addition to being a place for you to find out how to do things, the Site is also a platform for you to comment and share your ideas with others. In return for our display of your content for any period of time, you agree to grant the license to howchoo described in Section 5 hereof.
5. The Site is for general research, informational, and entertainment purposes only. We publish video, audio, articles, or other content from current and past contributors. The information on the Site represents the opinions and perspectives of a variety of contributors and users of the Site since its inception, you should assume that we have not independently verified the accuracy, thoroughness, or relevance of the content available on the Site. All of the content and information appearing on the Site is subject to the disclaimers set forth below in Section 14.
6. This Site is intended for use by persons who are at least 13 years old. By using the Site, you represent and warrant that you are at least 13 years old, and you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you. If you choose to set up an Account, your Account may be used only by you.
7. You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. We will provide notice to you of any material changes in the Terms by posting notice to the Site and sending an email to the email address that we have on record for you. Changes will become effective on the date we send notice to you. Your continued use of the Site after our notice to you of a change in the Terms means that you have agreed to the amended Terms.
8. It is critical that you keep your email contact information correct and updated with howchoo.com at all times. In addition, we encourage you to check back regularly to review these Terms at least once every 30 days
9. We reserve the right from time to time to temporarily or permanently modify or discontinue, and/or perform maintenance, at our election, and restrict or block access to, the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect howchoo’s license to your content as stated herein.
10. You have the ability to interact with the Site and other users by posting comments, engaging in project discussions, participating in the forums, uploading photos, and a variety of other ways (all such submissions or postings collectively referred to as “User Generated Content”). By submitting or posting any User Generated Content on the Site, you warrant and represent that:
1. you own all rights in your User Generated Content and the performance contained in your User Generated Content or, alternatively, you have acquired all necessary rights in your User Generated Content to enable you to grant to howchoo the rights in your User Generated Content described herein and for us to exercise the rights with respect to such User Generated Content that you grant herein;
2. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Generated Content;
3. you are the individual pictured, depicted, and/or heard in your User Generated Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Generated Content to grant the rights to howchoo described herein;
4. you will make such permissions available to howchoo upon request;
5. your User Generated Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
6. if you are a direct competitor of an author or another Posting user, or otherwise have an interest adverse to the author or another posting user, you will fully disclose the interest;
1. you will not stalk, threaten or harass authors or other users or infringe upon, invade or attempt to infringe upon or invade their privacy; and
2. you will not post any information or material which may constitute or encourage conduct that is a criminal offense, tort, or civil wrong or otherwise violates any applicable law.
3. You agree to keep all records necessary to establish that your User Generated Content does not violate any of the foregoing representations and warranties and to make such records available upon the reasonable request of howchoo. You acknowledge that the Site does not have any “digital rights management” or other security technology features to restrict someone who receives Content from copying and redistributing it.
4. To post User Generated Content on the Site, you must first complete the Site registration process to login (your “Account”). You agree to provide accurate current and complete information during the registration process, when contributing User Generated Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be liable for any User Generated Content posted using your Account and for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians.
5. When you submit ideas, suggestions, or proposals (collectively, “Ideas”) to us, you represent, warrant, and agree that: (i) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third-party rights of any kind; (ii) if we so choose, we may use and disclose your Ideas, or any part thereof, in any way; and (iii) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (x) we may have already created, or be in the process of creating, content that may be substantially similar to your Ideas or work samples at the time you submit those ideas or samples to us, and (y) elements of your Ideas and work samples may not be subject to protection under copyright law.