The Service is owned and operated by Telehertz, LLC. (“Telehertz,” “we,” “our” and “us”). Telehertz reserves the right to revise any of these Terms in our sole discretion at any time and without prior notice to you by updating this posting, such changes to be effective prospectively. Thus, you should visit this page periodically for changes. If you disagree with any changes to any of these Terms, your sole remedy is to discontinue your use of the Service. Your continued use of the Service after a change has been posted constitutes your acceptance of the change thereafter.
In using the Service, you must NOT:
• Send, post, upload or otherwise transmit to or through the Service any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable;
• Misrepresent your identity or affiliation in any way;
• Collect information about others;
• Advertise or solicit the sale of any product or service (unless you have a separate agreement to do so with Telehertz) or distribute spam;
• Interfere with the operation of or damage the Service;
• Violate any applicable laws or regulations; or
• Assist or permit any persons in engaging in any of the activities described above.
The materials made available on or through the Service are protected by copyright and other intellectual property rights. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited. Telehertz and its licensors own all right, title and interest (Including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Service. Telehertz and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms.
Notwithstanding the foregoing, subject to these Terms, we hereby authorize (and encourage) you to do any of the following on a revocable, non-exclusive, non-transferable basis:
• Use the functionality of the Telehertz website and view any content available on the Telehertz website through the functionality included in the website;
• Link to any page of the Telehertz website, Including on any of your websites or blogs or through any of your social networking outlets;
Except as authorized by the previous sentence, no portion of the Service may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of Telehertz (other than as needed for your computer or device to interface with the Service). Without limiting the generality of the previous sentence, you agree not to distribute in any medium any part of the Service without Telehertz’s prior written authorization, unless Telehertz makes available the means for such distribution through functionality offered through normal use by the Service (such as the Telehertz APP). You also agree not to access the Service through any technology or means other than through the pages of the Telehertz website, the Telehertz APP, or other explicitly authorized means Telehertz may designate. Any use of the Telehertz APP on your mobile will be subject to these Terms. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any portion of the Service or enforce limitations on use of the Service or the content therein. Any unauthorized use or modification of any of the materials available on the Service is a violation of the copyrights and other proprietary rights of Telehertz and its licensors. Written permission for any such unauthorized use or modification must be obtained from Telehertz in advance; such requests should be submitted via an email to contactus@Telehertz.com. Telehertz reserves the right to discontinue any aspect of the Service at any time.
All trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, Including but not limited to “TELEHERTZ,” are proprietary to Telehertz or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof.
For your convenience, the Service may contain links to other websites. If you use these links, you will leave the Service. Certain of these linked websites may make use of Telehertz’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Telehertz. Telehertz is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not Telehertz is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by Telehertz of the organizations sponsoring such third-party websites or their products or services. Except for any Telehertz property or content embedded in any third-party website, these Terms do not apply to any third-party website.
The Service is controlled and operated by Telehertz from its offices within the State of California, in the United States of America. Telehertz makes no representation that materials available on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited. Software from the Service is further subject to United States export controls. No information or software from the Service may be downloaded or otherwise re-exported or supplied (i) into or to anyone located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of a country or region that is subject to a U.S. government embargo (currently, Crimea, Cuba, Iran, North Korea, Syria and Venezuela); or (ii) to anyone on or, directly or indirectly, owned, in whole or part, by any person or persons on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons or any other U.S. government list of parties with respect to which transactions are forbidden or restricted. By using information or software from the Service, you represent and warrant that you are not located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of any country or region or are not on or owned, in whole or part, by any such person or persons on any such list.
Telehertz may terminate your use of the Service at any time in our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.
THE MATERIALS AND FUNCTIONALITIES AVAILABLE ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TELEHERTZ DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TELEHERTZ DOES NOT WARRANT THAT THE FUNCTIONS ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TELEHERTZ DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONS ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, RESULTS TO BE ACHIEVED, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TELEHERTZ OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, LLCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF TELEHERTZ OR A TELEHERTZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF TELEHERTZ AND ITS AFFILIATES OR LICENSORS TO YOU SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID BY YOU TO TELEHERTZ OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS LIMITATION OF LIABILITY, SO IT MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold harmless Telehertz, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, Including but not limited to all damages, losses, liabilities, judgments, costs and expenses (Including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to Telehertz violates any law or infringes any third party right, Including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases Telehertz from all liability with respect to such Claim or unless Telehertz consents to such settlement in writing.
You are prohibited from violating, or attempting to violate, the security of the Service, Including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. Telehertz will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
The Service is intended for a general audience. Telehertz does not seek through the Service to gather personal information from or about children under the age of 13.
Telehertz respects the intellectual property of others, and we ask our users to do the same. Telehertz will promptly remove materials from the Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Telehertz’s copyright agent with the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Service; (c) your address, telephone number, and email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and (f) your electronic or physical signature. You may submit this information to Telehertz’s copyright agent by email at contactus@Telehertz.com or by mail to: Telehertz, LLC., 5201 Great America Parkway, Suite 320, Santa Clara, CA 95054, Attn: Copyright Agent. Telehertz may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, Including the users who have posted the allegedly infringing material.
If you believe that your material is not infringing or has otherwise been removed by mistake, please provide Telehertz with a written counter-notification containing the following information: (i) your name, address, and telephone number; (ii) a description of the material that was removed and the location on the Service where it previously appeared; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (iv) a statement that you consent to the jurisdiction of the United States District Court for the Northern District of California), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and (v) your electronic or physical signature. You may submit this information by the methods described in the prior paragraph. Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request.
Please note that if you fail to comply promptly with the foregoing requirements or any request from Telehertz for additional information, your DMCA notice or counter-notification may not be processed further.
Export and Destruction of Personal Data (PII)
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any claims or litigation arising under these Terms will be brought by solely in state and federal courts located in Santa Clara County, California, and the parties specifically consent to Santa Clara County, California, as the exclusive venue for any such proceeding. In any such action, you and Telehertz irrevocably waive any right to a trial by jury. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any policies and guidelines incorporated herein by reference constitute the entire agreement between the parties relating to the subject matter herein (unless you are a beta customer of Telehertz, in which case any conflicting terms of your beta customer agreement with Telehertz shall control as long as such agreement is in effect).
If you have any questions regarding these Terms, please submit your questions via an email to contactus@Telehertz.com. We will endeavor to respond to you promptly.