HEROFEST TERMS OF USE

Welcome to HeroFest! By using this site, you agree to these HeroFest Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"): 
  • HeroFest Terms of Service/Use - Our general terms and conditions. 
  • HeroFest Privacy Policy - How we maintain and protect your personal information.  
  • HeroFest Program Policies - Guidelines for using this website.

HeroFest may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the HeroFest service. In the event of an inconsistency between the HeroFest Terms of Use and HeroFest's general Terms of Service, the HeroFest Terms of Use shall control. Nothing in this Agreement shall be deemed to confer any third party rights or benefits. 

1.       Description of Service. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. HeroFest disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. HeroFest also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. 

2.       Personal Use. The Service is made available to you for your personal use only. HeroFest reserves the right to refuse service to anyone at any time without notice for any reason. 

3.       Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by HeroFest; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. HeroFest reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. 

4.       Content of the Service. HeroFest takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does HeroFest have any obligation to monitor such third party content. HeroFest reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. HeroFest also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of HeroFest, its users and the public. HeroFest will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. 

5.       Intellectual Property Rights. HeroFest's Intellectual Property Rights. You acknowledge that HeroFest owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "HeroFest Rights"), and such HeroFest Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The HeroFest Rights include rights to (i) the Service developed and provided by HeroFest; and (ii) all software associated with the Service. The HeroFest Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.Your Intellectual Property Rights. HeroFest does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you transmit to HeroFest. 

6.       Representations and Warranties. You represent and warrant that (a) all of the information provided by you to HeroFest to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. 


7.       Privacy. As a condition to using the Service, you agree to the terms of the HeroFest Privacy Policy as it may be updated from time to time. HeroFest understands that privacy is important to you. You do, however, agree that HeroFest may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the HeroFest Privacy Policy. Personal information collected by HeroFest may be stored and processed in the or any other country in which HeroFest or its agents maintain facilities. By using HeroFest, you consent to any such transfer of information outside of your country. 

8.       Advertisements. None. 

9.      Publicity. Any use of HeroFest's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement and any content contained or reference therein. 

10.    Indemnification. You agree to hold harmless and indemnify HeroFest, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, HeroFest will provide you with written notice of such claim, suit or action. 

11.    Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the City of Cleveland, Cuyahoga County ,Ohio and you consent to the jurisdiction of such courts. 


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