Last Updated: December 19, 2022
These Terms of Service (the “Terms) govern your use of this website (hbcmediagroup.com) along with our related websites, networks, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms are a legally binding contract between you and HBC Media Group, LLC ("HBC Media Group”,“we”, “us”, “our”) even though it is electronic and is not physically signed, and that it governs without limitation your use access and use of the Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, OUR PRIVACY POLICY, OR ARE UNDER THE AGE OF 18, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We may make changes to these Terms at any time by posting them on this website. Any changes will be effective at the time of posting. We may, but are not required to, notify you by email and such notification may require to you consent to updated Terms before being granted permission to continue using the Service.
User Content: The Service may let you post content, including photos, images, comments, links, and other materials. Anything that you post or otherwise make available on or via the Service (including content that you share to your social media accounts from the Service) or on our accounts on third-party platforms is User Content (“User Content”). When you post User Content, you represent and warrant that you have all rights necessary to do so, including but not limited to having sufficient intellectual property rights in the User Content, and that to the best of your knowledge, the User Content complies with all applicable laws. As between you and HBC Media Group, aside from the limited license described below, you retain all rights in the User Content. You grant HBC Media Group a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, publish, transmit, modify, move the location of, create derivative works of, perform, and distribute your User Content, in whole or in part, on the Service, third-party sites and any other medium which now exists or may exist in the future. Nothing in these Terms shall restrict other legal rights we may have to User Content and you irrevocably waive all claims and assertions of moral rights or attribution associated with your User Content. We are not obligated to review or monitor User Content, but we reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. We do not guarantee how quickly your User Content will appear on the Service or whether, how and where it will appear. Should you choose to submit comments, ideas or feedback, whether via the Service or any third-party platform, you agree that we may use such comments, ideas or feedback without restriction and without any compensation, attribution or accounting to you.
Use Restrictions: You may not, nor shall you permit a third party, to (a) circumvent any technical measures we use to restrict access to the Service or use the Service for any purpose other than as expressly permitted by these Terms and any other policies outlined in the Service; (b) use the Service in any manner that is defamatory, obscene, libelous, or otherwise violates the rights of another (including but not limited to, removing, obscuring or altering any proprietary rights notice pertaining to the Service), is objectionable, encourages criminal conduct or does not comply with applicable laws, and regulations; (c) except as permitted by applicable law, decompile, disassemble, modify, alter, copy, distribute, create derivative works, reverse engineer or otherwise attempt to repurpose or repackage any content or other aspect of the Service; (d) submit User Content and/or use the Service by transmitting viruses or other malicious code or using the Service to spam others; (e) use the Service and/or your experience using the Service to develop, commercialize, license or sell any product or service that could, directly or indirectly, compete with the Service; (f) take any action to overload our systems or aimed at disrupting the Service; (g) use any automated process to access (or attempt to access) the Service (exception shall be made for search engines compiling a free public search index); or (h) sell, lend, rent, lease, sublicense, assign or otherwise transfer any of the rights granted to you with respect to the Service to any third party.
Ownership: Except for rights expressly granted in the Terms, we do not grant you any other right, title or license. HBC Media Group shall retain all right, title and interest in the Service, trademarks, service marks and logos, including all underlying software, technology and processes and any enhancements or modifications.
Feedback, Comments, & Suggestions: You agree that HBC Media Group (or others we authorize) may freely use, disclose, reproduce, license, distribute, or otherwise exploit in any manner any feedback, comments, or suggestions you provide to us about the Service without any obligation to You, restriction of any kind (including on account of any Intellectual Property Rights), and without paying any compensation to you or any third party.
Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, HBC MEDIA GROUP, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, AGENTS AND REPRESENTATIVES DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY. THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.
Indemnification: You will indemnify, defend and hold harmless HBC Media Group, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents and representatives against all liability, claims, costs, damages, settlements and expenses (including interest, legal fees, attorney fees and fines and penalties imposed by any governmental entity) (“Losses”) resulting from or relating to your violation of the Terms, your use of the Service or your User Content. HBC Media Group reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Limitation of Liability: To the extent not prohibited by law, HBC Media Group, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents and representatives shall not be liable for any direct, consequential, incidental, indirect, special, punitive or other damages (including but not limited to lost profits, business interruption or loss of business information) arising out of or related to these Terms, the Service, any User Content or the use of or inability to use the Service, even if we have been advised of the possibility of such damages. If the foregoing limitation is not legally enforceable, the maximum liability for all actions arising out of or related to these Terms, the Privacy Policy, and the Service is $10.00. Some jurisdictions do not allow limits of liability for some types of damages, so all or part of this limitation may not apply to you.
Contacting you: You agree that we may communicate with you via email about the Service, including but not limited to service announcements, administrative messages, and promotional emails. If you no longer want to receive promotional emails from us, you may follow the instructions in the emails to unsubscribe.
Governing Law and Dispute Resolution: The laws of the State of California, excluding conflict of laws rules, will exclusively govern any dispute relating to these Terms and/or the Service. Except for the arbitration provisions below, all claims and disputes can be litigated only in the federal or state courts in Los Angeles County, California, and you and HBC Media Group each agree to personal jurisdiction in those courts. Any claim arising out of or related to these Terms must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. You and HBC Media Group will resolve all claims relating to these Terms or the Service through final and binding arbitration. Any dispute will be administered by the Judicial Arbitration & Mediation Services, Inc. (JAMS) by one arbitrator. The arbitration shall take place in Los Angeles, California. Arbitration shall be in the English language. Notwithstanding this agreement to arbitrate, some claims do not have to go to arbitration: claims that qualify for small claims court, lawsuits for injunctive relief and claims of intellectual property infringement. You must bring any claims under the Terms within one year unless the law requires a longer timeframe. Claims not filed within those limits are permanently barred.
Assignment: You may not assign these Terms, or any of its rights or obligations under these Terms, without the prior written consent of HBC Media Group.
Notices: You can provide any notices to us by sending an email to [email protected].
Headings: The section headings and sub-headings of these Terms are for convenience only and have no interpretive value. Any list of examples following "including" is illustrative and not exhaustive, unless qualified by terms like "only" or "solely."
Entire Agreement, Waiver & Severability: The Terms (including all policies incorporated by reference) are the entire agreement between you and HBC Media Group. They replace any other agreement between us on this subject. If any provision of these Terms is deemed invalid, illegal, or unenforceable, then that provision will be revised, limited or eliminated to the minimum extent necessary, and the validity, legality, or enforceability of the remaining provisions will in no way be affected or impaired. Waiver of any provision of these Terms is effective only if it is written and signed by the party granting the waiver and will not imply a subsequent waiver of that or any other provision of these Terms.