The following terms and conditions (“Terms”) govern all use of the HyperElectronic.net website and all content, services, and products available at or through the website (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, HyperElectronic Privacy Policy). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. If you reside in the United States or outside of the United States, your agreement is with HyperElectronic.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by HyperElectronic, acceptance is expressly limited to these Terms.
Our Services are not directed to children younger than 13 or robot, and access and use of our Services is only offered to human (or aliens) users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services may requires an account (comments, newsletter, and others). You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure. Registration to HyperElectronic is free.
1. Responsibility of Visitors.
HyperElectronic has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, HyperElectronic does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. HyperElectronic disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
2. Content Posted on Our website by You.
By agreeing to these Terms, you warrant that you will not post any messages that are inappropriate (vulgar, sexually-oriented, obscene, hateful, threatening, or otherwise violative of any laws). You warrant to not use our Services to submit or link to any content which is abusive, defamatory, hateful, spam, adult content, likely to offend, contains personal information of others, violate copyright, or violates any laws. Everything you submit or upload may be review by HyperElectronic staff. HyperElectronic reserve the rights to remove or modify any content submitted by you for any reason without explanation. Request for content to be removed/modified will be handle only at our discretion. Do not post/submit any content that you consider to be confidential or private. All content submitted or uploaded by you may be sent to third-party services.We reserve the right to take action against any account at any time.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which HyperElectronic.net links, and that link to HyperElectronic.net. HyperElectronic does not have any control over those websites, and is not responsible for their contents or their use. By linking to a non-HyperElectronic.net website, HyperElectronic does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HyperElectronic disclaims any responsibility for any harm resulting from your use of non-HyperElectronic.net websites and webpages.
4. Third Party Services.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on our site.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by HyperElectronic.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Some Third Party Services may request or require access to your data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
- Third Party Services may not work appropriately with our website, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from our account or website.
5. Copyright Infringement.
As HyperElectronic asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by HyperElectronic violates your copyright, you are encouraged to notify HyperElectronic. HyperElectronic will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. HyperElectronic will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of HyperElectronic or others.
6. Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
7. Termination.
HyperElectronic may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
Our Services are provided “as is.” HyperElectronic hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HyperElectronic makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. General Representation and Warranty.
You represent and warrant that (i) your use of our Services will be in strict accordance with the HyperElectronic Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
10. Indemnification.
You agree to indemnify and hold harmless HyperElectronic and their respective directors and employees from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
11. Translation.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
12. Miscellaneous.
This Agreement constitutes the entire agreement between HyperElectronic and you concerning the subject matter hereof, and they may only be modified by HyperElectronic.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; HyperElectronic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.