privacy : policy : disclaimer
Thank you for taking the time to visit HCIBD.com
IN ORDER TO FULLY ENJOY HCIBD.COM (ALSO REFERRED TO AS "HOW CAN I BE DOWN") PLEASE READ THIS DISCLAIMER CAREFULLY IN ORDER TO GAIN AN UNDERSTANDING OF OUR RESPECTIVE RIGHTS AND RESPONSIBILITIES. BY MAKING USE OF THIS SITE (VIA POSTING, COMMENTING, READING, EMAILING, SIGNING UP FOR RECESS OR LINKING TO OUTSIDE SOURCES), YOU INDICATE YOUR ACCEPTANCE OF THE TERMS, POLICIES AND RULES AS STATED BELOW.
This website is made available by HCIBD for entertainment and educational purposes only as well as to give you general information and a general understanding the resources as they relate to Creatives and certain creations of the mind. This site does not to provide specific legal advice. By using this site you understand that there is no attorney-client relationship between you HCIBD. The HCIBD website is not and should never be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction. We repeat, our site is not your lawyer and the things contained herein are not legal advice or counsel. We again strongly recommend that you find a competent attorney in your jurisdiction to address your legal needs. Please keep in mind that part of the intent of this site is to teach Creatives the importance of understanding their options as it relates to protecting their work, encouraging them to explore their ideas and providing them with knowledge of resources that may help them create their legacy.
Do not rely on HCIBD to understand your rights. Please keep in mind that every transaction and/or case is different and to protect your legal rights it is very important that you obtain competent legal counsel specific to your situation. Additionally, no guarantee or warranty, either express or implied, is given with regard to the accuracy of any information provided by, or linked to, this website and the author(s) shall not be liable for any damages or liability, of any nature whatsoever, arising from the information provided herein or its use by any reader or third party. Although efforts are made to keep the contents of this site current, it may not reflect the latest legal developments, technology or resources available. By its nature, law changes daily and it is important that you keep this in mind as it relates to your rights. The application of specific laws and legal principles will vary according to location and individual circumstances. Anyone viewing information contained in this site should not act upon it without seeking professional counsel from a competent attorney authorized to practice in his or her jurisdiction. Any unauthorized use of material contained herein is at the user's own risk.
Information Sharing and Disclosure
Your personal information is never shared with third parties without your permission, except under conditions listed below:
Consenting to share your information to a third party service provider working on our behalf to serve you. Requiring us to provide you with a product or service. The site owner will also disclose your personal information, if required to do so by law, or in urgent circumstances, to protect personal safety, the public or our site. Credit card numbers are used only for payment processing and are not used for any other purpose.
We may also use personal information in a manner that does not identify you specifically nor allow you to be contacted but does identify certain criteria about our Site's users in general (such as informing third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed).
Domain Information Collection
Domain information may be collected to enable HCIBD to analyze how our visitors use this site. This data enables us to become more familiar with our demographic, how often they visit, and what parts of the site they visit most often. This is done to improve the content provided and to provide a better experience to our users.
Some pages on this site may use “cookies”—small files that the site places on your hard drive for identification purposes. A cookie file can contain information such as a user ID to track the pages visited, but the only personal information a cookie can contain is information you supply yourself. These files are used for site registration and customization the next time you visit us. Please note that cookies cannot read data off of your hard drive. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you prefer not to receive cookies while browsing our web site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site.
THIRD PARTY COOKIES
License in Posted Materials
You grant us a license in materials you post to HCIBD either through solicitation by HCIBD for the purpose of teaching or special promotions or opportunities for exposure or, likewise, items that are unsolicited. HCIBD does not claim ownership of any posted materials. These materials are and will remain the property of the respective owner. However, by posting, transmitting, uploading, inputting, providing or submitting any posted materials via email or any other manner now known or later developed, you are granting HCIBD and its sublicenseses a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and fully sub-licensable license in and to the posted materials; and agree that we have the right to copy, distribute, transmit, display, perform, edit, translate, reformat and otherwise use posted Materials, with or without attribution, and to allow other HCIBD users to do so as well, in all media known or hereafter developed. We make good faith efforts to provide attribution to the user who submits posted materials but will not be liable for any omissions or inaccuracies in such attributions. You hereby waive all rights to any claim against HCIBD for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution and any other claims related to posted materials.
You have the rights to posted materials you submit. You are solely responsible for posted materials you submit to the HCIBD and any consequences arising from comments and other posted materials you submit. By posting, uploading, inputting, providing or submitting your posted materials, you represent and warrant that you own or otherwise control all of the rights in and to posted materials you submit to HCIBD necessary to grant the licenses to publish such posted materials described in this Policy, and that the posted materials do not and will not violate or infringe any third party right, including but not limited to any third party intellectual property right, right of publicity or privacy, or contractual right.
HCIBD may remove posted materials at its discretion. Further, HCIBD has no obligation to monitor posted materials, but reserves the rights in its sole discretion to: review and monitor Posted Materials, not publish Posted Materials, and remove Posted Materials at its discretion and for any reason.
At no time may any user post on or transmit to HCIBD any defamatory, libelous, obscene, bigoted, hateful, inciting, racially offensive, vulgar, harassing, inflammatory, pornographic, child pornographic, violent (meaning content that is excessively violent, incites violence or threatens violence), profane, threatening, unfair, deceptive or unlawful content or any content that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law local, state, federal or international. This is a space for positivity, as such, ONLY positive, progressive content and thoughts will be supported.
HCIBD strives to protect your personal information; however, we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often and use a combination of letters and numbers for maximum security.
Protecting the Privacy of Children and Person Under 18
Persons under 18 years old are not the target audience for our web site. To protect their privacy, HCIBD prohibits the solicitation of personal information from persons less than 18 years of age.
Links to Third Party Sites
This site contains links to other sites. We do not share your personal information with those web sites and we are not responsible for their privacy practices or any information contained therein. We encourage you to learn about the privacy policies, disclaimers and community rules of those companies.
Disclaimer of Representations or Warranties. YOU AGREE THAT YOUR USE OF HCIBD.COM IS AT YOUR OWN RISK. EFFORTS BY HCIBD TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THIS SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, IS PROVIDED "AS IS," AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT, TIMELINESS, OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, OR UNINTERRUPTED MANNER OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.
Disclaimer of Liability. IN NO EVENT SHALL HCIBD AND THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARTNERS, SUBLICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, WITH HCIBD, THE “CREATIVES PLAY ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE HCIBD SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF HCIBD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM HCIBD'S NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, HCIBD LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You will indemnify, defend (or settle) and hold harmless the HCIBD Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, “Claims”) against any of the HCIBD Entities to the fullest extent permitted by law arising out of or in connection with (1) your use of the Site or any Posted Materials, or the use by any third party of such materials through you, (2) any Posted Materials provided or made available by you, and (3) any breach by you of your obligations under this Agreement, including without limitation any breach of your representations and warranties herein. In connection with any Claims that may give rise to your indemnification obligations as set forth above, the HCIBD Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to the HCIBD Entities pursuant to this Section.
Choice of Law; Jurisdiction and Venue; Waiver of Trial By Jury
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of North Carolina, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. You hereby consent to the exclusive jurisdiction and venue of courts in the State of North Carolina in all disputes arising out of or relating to the use of the Site or under this Agreement; provided, however, that in the event HCIBD is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by HCIBD hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by HCIBD therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. HCIBD and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with this Agreement, your or HCIBD'S rights and obligations under this Agreement, the Site, use of the Site, and/or the services and/or products that may be provided by or through or in connection with the Site.
Changes to this Policy
HCIBD reserves the right to change, modify or update this policy at any time without notice. Any substantial changes in the way we use your personal information will be posted on this site. If you have questions or concerns about our Policy, please email us at HCIBDent@gmail.com.
Ownership of Site
Please keep in mind that the concept and all content contained herein of this site is the intellectual property of HCIBD. As such, any attempt to modify, translate, distribute or create derivative works of the Site except as expressly provided herein are strictly prohibited.
Viewing Outside the United States. HCIBD makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. HCIBD is not liable for any resulting action of your unlawful use of this site.
No Joint Venture. You agree that no joint venture, partnership, employment or agency relationship exists between you and HCIBD as a result of this Agreement or your use of the Site.
No Waiver. The failure of HCIBD to enforce any provision of this Agreement will not be construed as a waiver or limitation of HCIBD'S right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
Assignment. No assignment, delegation or other conveyance of this Agreement may be made by you (by operation of law or otherwise) without the prior written consent of HCIBD, to be given in its sole discretion. HCIBD may, in its sole discretion, assign its rights and obligations hereunder to any party.
Statute of Limitations. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises.
Agreement Binding. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Notices. Notices to HCIBD under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to HCIBD, with such notices being effective as of the date of actual, confirmed receipt by HCIBD. Notices to you are deemed effective if sent to the email, fax, mail address or other contact information provided by you, and are deemed effective upon the earlier of being confirmed received or 1 day after having been sent.
Entire Agreement. This Agreement and the Policy contain the entire agreement between you and HCIBD. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HCIBD. Any rights not expressly granted herein are reserved. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. Those terms and conditions of this Agreement that assign liabilities to the parties extending beyond the term of this Agreement shall survive termination of this Agreement.