Help Spa – Terms of Service
The www.helpspa.com website (“Help Spa”), including any subsite, forum, service and resource accessible through the homepage (collectively, the “Site”), is published and maintained by Short Hills Design, LLC, (“Short Hills Design”). The following Terms of Service (“TOS”) govern the Site.
1. ACCEPTANCE OF TERMS
The TOS may be modified or updated by us from time to time without notice. You agree to be bound by the TOS if you visit or use the Site. If you do not agree to the TOS, then do not visit or use the Site. You may review the most current version of the TOS at any time at: http://helpspa.com/tos.html. In addition, the use of particular Help Spa services or forums is subject to any posted guidelines or rules applicable to such services or forums.
2. YOUR RIGHT TO USE HELP SPA AND ITS CONTENTS
You may not distribute, exchange, modify, sell, or transmit anything from the Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the TOS, Help Spa grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Help Spa is not responsible for the content of any author’s posts, and the views expressed on Help Spa are the responsibility of the posting author and not Help Spa. Neither the owners of Help Spa nor the moderators will be held responsible for the content of any post or article. Any link posted to a third-party internet address does not imply an endorsement of that site or its content by Help Spa.
As a condition of using the HelpSpa, you agree that HelpSpa is not brokering or otherwise participating in any purchase or sale or any product or service. Help Spa has no knowledge of the terms of sale, the condition of any items offered for sale, the accuracy of any aspect of the sale or service, or the use to which any item or service shall be put. The buyer assumes all responsibility for proper use of any item or service so purchased, and acknowledges that improper use of some or all of the items offered for sale or service on Help Spa may cause serious injury or death. The buyer shall seek qualified assistance and instruction in the use of all items or services purchased. Use any recommendations about businesses, or the actual businesses at your own risk.
3. INTELLECTUAL PROPERTY
a) Claims Regarding Copyright Infringement
Each user of Help Spa grants Help Spa a license to use the content supplied by each such user for the purposes of disclosure on the Help Spa website.
This license includes, inter alia, the right for Help Spa to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each user (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Helpspa.com and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
You are prohibited from copying, reproducing or otherwise using the content relating to other users of Help Spa for any purpose inconsistent with this TOS.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Short Hills Design has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Short Hills Design’s Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Short Hills Design’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at abuse@shorthillsdesign.com or by mail at:
Short Hills Design, LLC
ATTN: Copyright Agent
10 South Terrace
Short Hills, NJ 07078
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Short Hills Design may remove or disable access to the material that is alleged to be infringing;
2. Short Hills Design may forward the written notification to such alleged infringer; and
3. Short Hills Design may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
Counter-Notification:
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Short Hills Design’s Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to the Short Hills Design’s Copyright Agent for Notice that includes the following information:
1. A physical or electronic signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. 3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Short Hills Design may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
1. Short Hills Design may promptly provide you with a copy of the Counter-Notification;
2. Short Hills Design may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
3. Short Hills Design may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Short Hills Design’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Short Hills Design’s network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
b) Notice and Procedure for Making Complaints Regarding Content
To notify Short Hills Design of Content that infringes your rights (other than copyright violations in which case please see above) or is otherwise unlawful (“Specified Content”), you must send a notice to the Short Hills Design Corporation Content Complaint Manager by mail, e-mail, or fax, and provide the following information:
-Your name, address, telephone number, and e-mail address;
-A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
-A description of the exact location of the Specified Content on the Web Site;
-(In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;
-(In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and
-Your electronic or physical signature (as appropriate).
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
Short Hills Design Content Complaint Manager
Contact information for Short Hills Design’s Content Complaint Manager is as follows:
E-Mail: abuse@shorthillsdesign.com
4. LIMITATION OF RE-USE
All materials on this Site are subject to applicable copyright, trademark, and other laws. You cannot use any content on the Site, except as specified herein. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other civil and criminal statutes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes or noncommercial purposes any portion of the services or content contained within the Site. In order to use any content, graphical art, photos or files owned by or published by Help Spa, you must first obtain written authorization from Help Spa.
5. DISCLAIMER OF WARRANTIES.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK, AND THE SITE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SHORT HILLS DESIGN DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SHORT HILLS DESIGN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY ERRORS IN THE Site WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL SHORT HILLS DESIGN BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SITE, THE INABILITY TO USE THE SITE, OR ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, WHETHER OR NOT SHORT HILLS DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold Short Hills Design, LLC and all of its agents, directors, employees, information providers, licensors and licensees, officers, and affiliates (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of your use of the Site or any breach by you of these Terms of Service. You will cooperate as fully as reasonably required in Short Hills Design’s defense of any claim. Short Hills Design reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Short Hills Design.
8. GENERAL PROVISIONS
These Terms of Service and any additional terms posted on the Site together constitute the entire agreement between Short Hills Design and you with respect to your use of the Site. Any cause of action you may have with respect to your use of this Site must be commenced within one year after the claim or cause of action arises. This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. The sole venue for a legal action regarding any dispute arising hereunder will be the state and federal courts of the State of New Jersey. Short Hills Design’s failure to act with respect to a breach by you or others does not waive Short Hills Design’s right to act with respect to subsequent or similar breaches. The failure of Short Hills Design to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of these TOS.
