Date Last Modified – June 14th, 2016
AGREEMENT AND SERVICES
The HeyTC.com website, referred to herein as HeyTC.com (“HeyTC.com”), is composed of the HeyTC.com website (www.HeyTC.com), HeyTC.com Podcasts and HeyTC.com Created Content, product, or service owned or operated by HeyTC.com. By utilizing any of these properties, you agree to be bound by the terms and conditions detailed herein. The company offers services including, but not limited to, tech news coverage, tech articles, tech blogs, tech podcasts, contests, message boards, email and newsletters, other assorted affiliate and social networking services, and general content browsing.
This Site and the Services are intended for use by users who reside in the United States of America, its territories and possessions (“U.S.”). By using or attempting to use HeyTC.com or HeyTC.com Services, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of HeyTC.com.
If you violate our Terms of Service, HeyTC.com may issue you a warning regarding the violation, or, in HeyTC.com sole discretion, immediately terminate any and all access that you have established with the company. You acknowledge that HeyTC.com is not required to provide you notice before terminating your account. See the ONLINE CONTENT and ONLINE CONDUCT sections of this document for further detailed information.
THESE TERMS IN CONJUNCTION WITH OTHER OFFERS
The Terms of Service and any posted rules or instructions regarding a particular service, activity, affiliation service, or contest constitutes the entire agreement between you and HeyTC.com regarding your rights and obligations in the use of any HeyTC.com content. If there is a conflict between the Terms of Service and any other rules or instructions posted on or in a HeyTC.com property, the company will resolve the conflict within its sole discretion.
An account (“Account” or “Accounts”) as used herein is defined as the account that results from registering for any service with HeyTC.com. When you complete a registration process, you create an Account and you become a Member (“Member”). Your Account allows you to participate in specific services on HeyTC.com. To create an account, you must enter an email, username and password. Your email and/or username is your HeyTC.com identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Accounts.
HeyTC.com reserves the right to limit the number of accounts a user can establish. This limit may change over time at the company’s discretion. You are solely responsible for all activity on your account and for the security of your computer system. You should not reveal your password to other users. HeyTC.com will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered email address. You agree to indemnify and hold HeyTC.com harmless for any improper or illegal use of your account by you. This includes illegal or improper use by someone to whom you have given permission to use your account or whom you have negligently allowed to access your account. Your account is at risk if you let someone use it inappropriately and your account in any of our services is subject to termination if you or anyone using your account violates our Terms of Service. If your account is terminated, you may not join HeyTC.com again without our express permission.
“Content” is defined herein as the communications, images, audio, and all the material and information you encounter through HeyTC.com. HeyTC.com, our affiliates, and our independent content providers provide most of the Content on HeyTC.com. HeyTC.com does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on HeyTC.com.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for HeyTC.com. Content standards may vary depending on where you are on HeyTC.com, the type of content you are viewing and the expectations of the community. By agreeing to these Terms of Service you acknowledge that some content or services may involve use of stronger language and opinions than others. Always use your best judgment in online conduct. If it is inappropriate in the workplace, don’t post it on our message boards or chat rooms. HeyTC.com representatives may monitor your communications on HeyTC.com. But we cannot monitor all of the Content on HeyTC.com, and we do not attempt to do so. If you encounter something you don’t want to see, you can report it via our contact page. HeyTC.com does not endorse, approve, or pre-screen any Content that you or other users communicate. HeyTC.com does not assume any responsibility or liability for Content that is generated by users or other guests on HeyTC.com. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. HeyTC.com does not assume any liability for any failure to remove, or any delay in removing Content.
Online conduct should be guided by common sense. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on HeyTC.com. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We will terminate your use of HeyTC.com and cooperate with law enforcement for illegal behavior.
You agree that you will be personally responsible for your HeyTC.com communication and activity, including any Content you contribute, and that you will indemnify and hold harmless HeyTC.com, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on HeyTC.com.
You will violate the Terms of Service if you (or others using your account) do any of the following:
– Post, transmit, promote, or distribute Content that is illegal.
– Harass, threaten, or do anything else to another Member or guest that is unwanted. This means: do not send them unwanted messages, do not attack their race, gender, sexual orientation, religion, heritage, disability, etc. If you disagree with someone, respond to the subject, not the person.
– Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
– Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
– Impersonate another person (including celebrities), indicate that you are a HeyTC.com employee or a representative of HeyTC.com, or attempt to mislead users by indicating that you represent HeyTC.com or any of HeyTC.com partners or affiliates.
– Attempt to get a password, other account information, or other private information from a user or any other user on HeyTC.com. Remember: HeyTC.com employees will NEVER ask for your password. Do not give your password, reminder words, or billing information out to anyone.
– Upload any Content that you do not own or have the legal right to freely distribute.
– Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
– Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
– Improperly use support or complaint buttons or make false reports to HeyTC.com staff members.
– You may not modify any part of the Service that HeyTC.com does not specifically authorize you to modify.
– You must obey all applicable laws, regulations and rules wherever using any part of the HeyTC.com service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior. We will cooperate with law enforcement in such matters.
– You may not post or communicate any player’s real-world personal information within the Services.
– You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running any HeyTC.com Services.
– You will not exploit any bug in any HeyTC.com product to gain unfair access and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
– You will not do anything that interferes with the enjoyment other users gain from HeyTC.com services or products, in accordance with its rules, or that materially increases the expense or difficulty of HeyTC.com in maintaining the Service for the enjoyment of all its users.
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them.
THESE RULES WILL APPLY TO ANYONE THAT YOU INTENTIONALLY OR NEGLIGENTLY ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES. IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, HEYTC.COM MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT YOUR CONTENT AND SERVICES. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEBSITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT HeyTC.com MAY HAVE MADE.
PUBLIC NATURE OF COMMUNICATIONS
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication via this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. HeyTC.com is not liable for information that you choose to communicate to other users on the Service, or for the actions of other users.
By communicating within the Service, i.e. by submitting a post, you represent and warrant that you have all necessary rights in and to all posts you provide and all information they contain and that such posts shall not infringe any proprietary or other rights of third parties or contain any libelous, or otherwise unlawful information. If your post incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant HeyTC.com permission to use such name, voice, likeness and/or image of such individual appearing in the post in all media throughout the world in perpetuity.
Once you post or send any Content to HeyTC.com, you expressly grant HeyTC.com the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in HeyTC.com discretion, and without any notice or compensation to you of any kind.
By submitting a post, you agree to defend, indemnify and hold HeyTC.com, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
COMMERCIAL ACTIVITY AND UNSOLICITED E-MAIL
You may not advertise any goods or services on HeyTC.com. Chain letters and pyramid schemes are expressly prohibited. You may not use any area of HeyTC.com to collect information, including login names, about HeyTC.com users, and use of such information to send unsolicited email or for any other purpose is strictly prohibited. You may not exploit HeyTC.com, or any services offered on HeyTC.com for any commercial purpose. Any violation of these provisions can subject your HeyTC.com account(s) to immediate termination (or result in revocation of guest status, if you are a guest) and to further legal action.
USE OF MACHINES, COMPUTERS, SCRIPTS
The use of machines, computers, scripts or any automated system on HeyTC.com is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. You may only use HeyTC.com services with one type, version or copy of browsing software application at any one time. HeyTC.com may terminate and permanently disqualify any users who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by HeyTC.com are final.
PROPRIETARY RIGHTS; COPYRIGHTS AND TRADEMARKS
Much of the Content available on HeyTC.com is owned by HeyTC.com or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You will not copy or download any Content from HeyTC.com unless we have expressly authorized you to do so in writing.
You must have the legal right to upload any Content to HeyTC.com before you do so, this must be in writing. You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on HeyTC.com, unless HeyTC.com expressly authorizes you to do so in writing. You may not incorporate the Content into, or stream or re-transmit the Content via, any hardware or software application or make it available via frames or in-line links, or scrape or aggregate Content from HeyTC.com. You may not build a business, in whole or in part, utilizing any portion of the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way on the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise. This prohibition applies even if you intend to give away the derivative materials free of charge. Making unauthorized copies of any Content found on HeyTC.com can lead to the termination of your HeyTC.com account(s) (or revocation of guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions in participating on HeyTC.com, you agree to indemnify and hold harmless HeyTC.com and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
EXPORT CONTROL LAWS
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or HeyTC.com services subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to HeyTC.com any data that cannot be exported without prior written government authorization. The assurances and commitments in this Section shall survive termination of this Agreement.
USER’S COMPUTER INFORMATION
LINKS TO THIRD PARTY SITES
HeyTC.com may include hyperlinks to Websites operated by parties other than HeyTC.com including advertisers and other content providers. Those sites may collect data or solicit personal information from you. HeyTC.com does not control such Websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
ADDITIONAL TERMS AND CONDITIONS FOR SPECIFIC SERVICES
When you subscribe to certain services you may need to read and agree to a service or membership agreement that is specific to that service, and which may have terms that are slightly different from the ones that are found here. Your subscription to that service, and use of that service, is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the service specific terms and these terms, HeyTC.com will be the final and sole arbiter of any such inconsistencies.
HeyTC.com may require that you download services from HeyTC.com or its licensors onto your computer (“HeyTC.com Services”). HeyTC.com grants to you a non-exclusive, non-transferable, revocable, limited license to use HeyTC.com Services. You may not sub-license, or charge others to use or access HeyTC.com Services. You may not use HeyTC.com Services for any purpose other than that contained within the license granted to you. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from HeyTC.com Services. You may not modify HeyTC.com Services or use it in any way not expressly authorized in writing by HeyTC.com. You understand that HeyTC.com introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by HeyTC.com may vary depending on your computer and other equipment.
NEITHER HEYTC.COM NOR ITS LICENSORS ARE LIABLE IN CONNECTION WITH YOUR USE OF THE HEYT.COM SERVICES FOR ANY DAMAGES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
Some HeyTC.com Services may be subject to United States export controls. By using (and actively downloading) HeyTC.com Services from HeyTC.com, you warrant that you are not located in any country, or exporting HeyTC.com Services to any person or place, to which the United States has embargoed goods.
TERMINATION OF ANY HEYTC.COM ACCOUNT
HeyTC.com and you both have the right to terminate or cancel any account at any time for any reason. You understand and agree that the cancellation of your account or a particular Account is your sole right and remedy with respect to any dispute with HeyTC.com. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms of Service or HeyTC.com enforcement or application of this Agreement; (2) the Content available through HeyTC.com or any change in Content provided through HeyTC.com; (3) your ability to access and/or use HeyTC.com; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
HeyTC.com reserves the right to collect fees, surcharges or costs incurred before you cancel your account or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your account or a particular subscription is terminated or cancelled, no refund will be granted; no online time or other credits (e.g services) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything within HeyTC.com associated with it (such as uploaded content and posts). Active HeyTC.com account holders may not allow former account holders whose account has been terminated by HeyTC.com to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with HeyTC.com must be settled before HeyTC.com may allow you to register again.
NEWSLETTERS & CONTESTS
By subscribing to our newsletter(s), members understand they may be automatically entered into future contests as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests. HeyTC.com provides rules of participation for certain activities on this site including, without limitation, contests by HeyTC.com and in conjunction with third parties. This Agreement is incorporated by reference to the specific rules of participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific rules of participation, the rules of participation for the activity in which you choose to participate or are automatically entered into shall govern.
LIMITATIONS ON WARRANTY AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF HEYTC.COM, HEYTC.COM SERVICES, AND THE INTERNET IS AT YOUR SOLE RISK. HEYTC.COM, HEYTC.COM SERVICES AND HEYTC.COM CONTENT, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. HEYTC.COM PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT HEYTC.COM WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HEYTC.COM OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT). YOU ACKNOWLEDGE AND AGREE THAT HEYTC.COM, ITS SUBSIDIARIES, LICENSORS, SUPPLIERS, AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF HEYTC.COM. IN NO CASE SHALL HEYTC.COM OR ITS SUBSIDIARIES’, LICENSORS’, SUPPLIERS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “HEYTC.COM AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO HEYTC.COM, IF ANY, FOR THE SERVICE. IN NO CASE, INCLUDING NEGLIGENCE, SHALL HEYTC.COM OR HEYTC.COM AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF HEYTC.COM, HEYTC.COM SERVICES, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH HEYTC.COM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HEYTC.COM AND HEYTC.COM AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. HEYTC.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH HEYTC.COM AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL HEYTC.COM, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
Upon request by HeyTC.com, you agree to defend, indemnify and hold harmless HeyTC.com and its affiliates, subsidiaries, employees, contractors, suppliers, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on HeyTC.com. HeyTC.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to HeyTC.com in that matter. This Section shall survive termination of this Agreement.
OTHER LEGAL TERMS
The laws of the State of Arizona, excluding its conflicts-of-law rules, govern this Agreement and your use of your Accounts, the Services and memberships. You expressly agree that exclusive jurisdiction for any claim or dispute with HeyTC.com or relating in any way to your Accounts, the Services and memberships or your use of HeyTC.com resides in the courts of Minnesota, county of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Minnesota in connection with any such dispute including any claim involving HeyTC.com or its affiliates, subsidiaries, employees, contractors, suppliers, officers, directors, vendors and content providers.
If, for any reason, you are concerned with the information included in this Terms of Service, you may contact us via the contact us page.