By accessing this website, herbeat.com (“herb eat”), you, (“User(s)”) agree to all the Terms and Conditions (“Agreement”) of use without modification. This includes any extension of Herbeat including but not limited to profiles on 3rd party sites such as YouTube.com, Facebook.com, or any other obvious extension of herbeat.com. If you do not agree to any part of the Terms and Conditions, please do not use this website or any of the pictures, videos, links, information, or any of the other content (“Content”), contained on herb eat.
USE OF WEBSITE
All pictures, videos, links, information, and any other content on Herbeat are intended for personal entertainment use and may not be used without the written approval of Herbeat.com and its owners. You must be at least eighteen (18) years old to access any part of the site. The Content contained on Herbeat.com is submitted by Users and does not necessarily reflect the views of Herbeat, its owners, the advertisers on Herbeat, or any other individual or organization that is connected with Herbeat.com. All views and opinions are the exclusive expressions of the individual submitter(s) and unless clearly stated, should not be taken as factual.
LINKS TO OTHER WEBSITES
Herbeat contains hyperlinks to other websites that Herbeat and its owners have no control over, and take no responsibility or ownership of their Content. Links to websites outside of Herbeat does not imply endorsement or recommendation by Herbeat or its owners.
Herbeat and its owners are in no way responsible for what any user or other person does with promotional material including flyers, stickers, banners, posters, postcards, apparel, buttons, or any other tangible or intangible form of promotion, both online and offline and in public places. Herbeat.com and its owners recommend only using promotional material where appropriate and above all, legal. Herbeat and its owners have no control over an individual’s actions and any misuse of any promotional material is the complete responsibility of the person who used it as such.
Any content that you transmit to Herbeat, including but not limited to: pictures, videos, articles, links, comments, ideas, names, representations, suggestions, or any other information, will remain your individual exclusive property and you shall be fully responsible for your submission and any consequences or legal action resulting from posting or publishing them. Furthermore, by submitting any contribution to Herbeat, you hereby grant Herbeat.com and its owners, a binding, permanent, worldwide, non-exclusive, and royalty-free sublicense (on countless levels) and transferable license (with rights to create derivative works) to use, distribute, copy, perform, transmit, or display or perform publicly your submission(s) for any purpose whatsoever. In addition, you grant this same set of licenses to every Herbeat user only as allowed in written form by Herbeat.com and its owners, in agreement with this Agreement. Any and all submissions are to be considered public information without exception and Herbeat.com and its owners are not subject to any confidentiality obligations.
By transmitting, posting, or publishing a submission, you hereby waive the right to make any claim whatsoever against Herbeat or its owners, or any other person or entity connected in any way to Herbeat.com. Also, by making any submission, you signify that you own or have, and can prove that you have or own the license, rights, or permissions to use any content included in your submission. Furthermore, you agree and accept that anything transmitted to Herbeat can be rejected or deleted for any reason and at any time by Herbeat.com or its owners. In addition, any user account can be temporarily banned or permanently deleted for any reason as determined by Herbeat administrators.
18 U.S.C. SECTION 2257 COMPLIANCE NOTIFICATION
All content displayed on Herbeat.com are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because the visual media contained herein do not consist of the depictions of conduct as expressly listed in 18 U.S.C. section 2256 (2), (A) through (D). They are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct or can be otherwise exempt because the visual depictions were created before July 3, 1995. Furthermore, any content that does not follow 18 U.S.C. section 2257 compliance was posted, transmitted or submitted without the approval of Herbeat or its owners.
Furthermore, the owners and operators of Herbeat are not the primary producer (as defined in 18 U.S.C. section 2257 and/or successive case law defining such) of any of the content contained within or transmitted through or by Herbeat.
Herbeat.com values your rights to privacy. We do not sell, lease or give any personal information to any other individual or organization. The information we collect is used to improve and/or customize the Content of Herbeat. Information, as well as statistics of Users may be shared with advertisers or other reputable organizations to help them contact consumers for marketing purposes only. Herbeat.com and its owners are not responsible for any information collected by advertisers or any other website represented on or linked to from Herbeat.com. If you feel your privacy has been violated in any way, please contact us at andrewclaren [at] gmail [dot] com
Any and all identifying trademarks found or displayed on Herbeat are the property of Herbeat.com and its owners unless otherwise stated, or are the property of third parties, and in which case, Herbeat and its owners make no claim of ownership rights therein.
Herbeat.com owners reserve the right to change any information contained within Herbeat.com, including this Agreement, at any time and for any reason. Any changes shall be effective immediately and this Agreement will be updated to reflect said changes or modifications. By accessing Herbeat, you acknowledge and accept that you are bound by these changes. Additionally, you should occasionally review this Agreement for updates, additions, or changes.
LIMITATION OF LIABILITY
THE CONTENT PROVIDED BY Herbeat IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. IN NO EVENT SHALL Herbeat BE RESPONSIBLE OR HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR ANY OTHER LOSSES ARISING OUT OF OR IN ANY WAY ASSOCIATED WITH OR CONNECTED TO THE USE OF, ACCESS TO, OR RELIANCE UPON ANY INFORMATION CONTAINED WITHIN THIS WEBSITE. IN NO EVENT SHALL Herbeat’s LIABILITY TO ANY USER FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, AND CAUSES OF ACTIONS SURPASS ANY AMMOUNT PAID, IF ANY, BY YOU TO Herbeat AND/OR ITS OWNERS FOR USE OF THIS WEBSITE AND THE CONTENT CONTAINED HEREIN.
Your use of Herbeat constitutes your acceptance of and agreement to these Terms and Conditions of use in its entirety and without modification.