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Terms of use
EASYHI WEBSITE TERMS OF USE
Updated: July 1, 2010
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to the Website Terms of Use Agreement of the Easyhi website (http://www.Easyhi.com) (the "Website"), operated by Easy Hi Ltd., a company registered in the British Virgin Islands ("Easyhi"). Easyhi operates this Website as a service to its users subject to the terms and conditions of use hereof (the "Terms" or the "Agreement") and all modifications thereto, in addition to guidelines that may be published from time to time by Easyhi. This Agreement describes the terms on which you may access and use our services, the Website, and governs the respective covenants thereto. References herein to Easyhi are meant to relate also to the Easyhi service available through this Website.
By entering and/or using this and other websites owned, operated or maintained by Easyhi or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the Terms. Easyhi reserves the right to modify the Terms at any time, and without actual notice to you. All such changes to these Terms will appear on the Website. By entering and/or using this Website following any modifications to the Terms, you agree to be bound by any such modifications to the Terms. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the Terms of this Agreement, you may not use nor access our services. In this Agreement, all references to "you" shall mean the user using the Easyhi Services (as defined herein).
YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.
The operations, businesses, and properties described in this publication are owned or operated by Easyhi or by various affiliates and subsidiaries of Easyhi. The terms "Easyhi", "Company", "we", "our", "us" and "its" when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.
DESCRIPTION OF SERVICE
(the "Easyhi Service" or the "Services") This webpage is owned and operated by Easy Hi Ltd., a company incorporated under the laws of the British Virgin Islands, with its registered address at the offices of Blenheim Trust, at P.O. Box 3483, Road Town, Tortola, British Virgin Islands. [Easyhi through the Easyhi Services, is offering an easy and fun platform for users to discover, watch and share content in an expressive and creative way. The Services allow you to create personal pages with backgrounds, videos, image slideshows or music playlists with a personal creative message and cool effects that you can share online through www.easyhi.com, your favorite social network, email and the internet. For copyright purposes, some images we use as background themes are licensed for commercial use under creative commons license, we also allow users to upload their own personal images as an alternative. Videos can be added from virtually all major online websites or through our websitei. Music playlists and image slideshows can be embedded from most major sites, in accordance with their respective terms of use and copyright policies. In the process of creating your multimedia pages, Easyhi allows you to mix and combine content original content, your personal content and content hosted in other services. In the future, Easyhi may offer additional premium services, content, and/or merchandize, which you can access or order on a paid subscription basis. We do intend to keep a large portion of our services and features free of change.
LICENSE GRANT
Easyhi grants users with an Account a limited, non-exclusive, non-transferable license to access and use the Services (including any User Content, as defined below), all in accordance with these Terms. Easyhi may terminate this license at any time for any reason. You may use the Services on your hardware for your own personal, non-commercial use. No part of the Services may be reproduced in any form or incorporated into any information retrieval system, electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Services or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or the Website and you may not take any action that imposes an unreasonable or disproportionately large load on the Website. Easyhi reserves all rights not explicitly granted in these Terms. You also agree that you have no right to access, view or alter any source code or object code of the Company. Unless you have been specifically permitted to do so in a separate agreement with Easyhi, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You do not need a Easyhi account to visit the Easyhi Site. However, before you can deploy any of the Services on your website, you must create an Easyhi account and agree to the Easyhi Member Agreement, which will govern your use of the Services on your website.
MEMBERSHIP ELIGIBILITY
The Easyhi Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Easyhi for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring your Easyhi account to another party. If you do not qualify, you may not use the Easyhi Service.
USE OF SERVICE
Your use of the Easyhi Service is governed by this Agreement. Easyhi may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Easyhi of any unauthorized use of your password or account or any other breach of security. Easyhi cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
PRIVACY POLICY
Your privacy is very important to us at Easyhi. To better protect your rights we have provided the Easyhi Privacy Policy www.easyhi.com/privacy.html] to explain our privacy practices in detail. Please review our Privacy Policy, which also governs your visit to our Website, as well as the conditions of its use. In the event of any inconsistency between the Easyhi Privacy Policy and this Agreement, the Agreement shall prevail.
REGISTRATION DATA, PASSWORDS, AND PRIVACY
By registering with the Website, you agree that all information provided to Easyhi is true and accurate and consent to update this information in order to keep its accuracy, correctness and completeness. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times. You agree to be fully responsible for activities or transactions that relate to your account or your password in the Website. You acknowledge and agree to immediately notify Easyhi if you learn of an unauthorized use of your password. All information we obtain about you in connection with your use of this website is subject to our Privacy Policy www.easyhi.com/privacy.html], which is incorporated by reference into these Terms.
USER CONDUCT AND ONLINE BEHAVIOR
You understand and agree that the your use of the Easyhi Services or any engagement you have or will have with Easyhi, is strictly intended not to include certain conducts which are defined herein as prohibited by Easyhi, and any such use shall be considered a breach of this Agreement, thus granting Easyhi the right to immediately terminate this Agreement and your user status and pursue any other right or remedy allowed by law.
You agree to obey all applicable rules and regulations in using the Website, and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, you are in the sole responsible person from whom such content originated. This means that you, and not Easyhi, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Easyhi Services. Easyhi does not control the content posted via the Easyhi Services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Easyhi Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Easyhi be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Easyhi Services. You are responsible for the contents of your submissions or communications through the Website, and warrant that you shall exercise respect when participating in any of Easyhi's community features such as, but not limited to, forums, blogs, email functions, etc. (if so applicable and as might be altered from time to time), and when using sharing content such as, but not limited to video, images, text, music, animations and the like or any other feature of the Easyhi Services (collectively, "User Content"). The prohibited conduct you hereby agree to abide shall include but is not limited to the following:
Posting of content or initiation of communications which are unlawful, defamatory, abusive, offensive, racist, obscene, pornographic, discriminatory, an invasion of privacy, harmful to a minor or otherwise infringement on any intellectual property rights of a third party or would otherwise violate any third party rights, privacy rights, publicity rights, copyrights, trademarks or other intellectual property rights, and you agree to pay all royalties and any other amounts that may be owing to any person with respect to your contribution to Easyhi.
1. Use the Easyhi Service for any illegal purpose, including but not limited to conspiring to violate laws.
2. Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
3. Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
4. Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
5. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, sending unsolicited promotional messages to those direct connections without their permission, "junk mail", "spam", "chain letters", "pyramid schemes", and related dealings or any other form of solicitation. This prohibition additionally includes but is not limited to (a) using Easyhi invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using Easyhi to connect to people who don't know you and then; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
6. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7. Stalk or harass anyone.
8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Easyhi Service.
9. Post content in fields that aren't intended for that content. Example: Putting an address in a name or title field.
10. Interfere with or disrupt the Easyhi Service or servers or networks connected to the Easyhi Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Easyhi Service.
11. Use your Website account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
12. modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Services or any portion of any website on which the Services are offered (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
13. use the Service in any manner that could damage, disable, overburden, or impair the Services or another user's use of the Services;
14. remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices ("Notices") contained in or on the Services or any website on which the Services are offered, Easyhi's code embeddable or embedded on a third party web site and/or Easyhi software and you shall reproduce such Notices exactly on all permitted copies of the software, Servicse or generated content;
15. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Easyhi; or
16. use the Services to violate the security of any computer network or transfer or store illegal material.
17. You agree that if you access the Services through a social network or other mechanism other than a website owned or controlled by Easyhi, you must be a registered member of that social network and be in compliance with the policies or terms of use/service of that network.
18. You agree not to challenge Easyhi's ownership or control of any Easyhi's trademarks and trade names, nor use or adopt any trademarks or tradenames that might be confusingly similar to such trademarks.
19. You hereby acknowledge and agree that notwithstanding anything contain in this Agreement to the conterary, upon any violation or breach of these Terms or upon any contraventing use of the Services or the Website, of any kind and without any limitation, you shall be responsible and bear any and all expenses, costs, damages and the like, whether direct or indirect, caused directly or indirectly as a result of your actions or omissions thereof and Easyhi shall be entitled to any compensation or reimbursement in connection thereto.
Easyhi and the Easyhi Service do not endorse the contents of any User or third party Content, and expressly disclaim any and all liability in connection thereof. We do not pre-screen or monitor User or third party Content. However, Easyhi reserves the right at its sole discretion to remove any User Content of any kind that, in our judgment, does not comply with these Terms and any other rules of user conduct for the Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You hereby consent to such removal and waive any claim against Easyhi arising out of such removal.
If you would like to notify us of User Content which you believe does not comply with these Terms, please fill out our feedback form available through the Contact Us page in the Website www.Easyhi.com/contact.php]. Make sure to include both the internet URL address for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using the Website, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Easyhi arising from your exposure to such materials.
You agree that Easyhi may at any time, and at its sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms. In addition, you acknowledge that Easyhi will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
WHILE EASYHI IS UNDER NO OBLIGATION TO DO SO, EASYHI RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE EASYHI SITE WITHOUT NOTICE, AND FOR ANY REASON EASYHI DEEMS SUFFICIENT
INTERNATIONAL USE
Recognizing the global nature of the internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
We make no representation that Easyhi is appropriate or available for use in locations outside the United States, and accessing Easyhi from territories where the service is illegal is prohibited.
INFORMATION PROVIDED ON THIS WEBSITE
In the course of using the Easyhi Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy www.easyhi.com/privacy.html] to learn more about information collected on this Website). You understand that by posting materials on the Easyhi Website or otherwise providing materials to Easyhi, you are granting to Easyhi a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Easyhi Service. Furthermore, you understand that Easyhi retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Easyhi Service is the sole responsibility of the person from which such content originated and that Easyhi will not be liable for any errors or omissions in any content. You understand that Easyhi cannot guarantee the identity of any other users with whom you may interact in the course of using the Easyhi Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
ACCESS TO SERVICE
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Easyhi Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this Website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
EASYHI ELECTRONIC COMMUNICATIONS
When you visit this Website or send e-mails to us, you are communicating with Easyhi electronically. In the course of providing you services, Easyhi may need to communicate with you via email (see our Privacy Policy www.easyhi.com/privacy.html] to learn more about communications) or by posting notices on this Website. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Easyhi Service, including a series of up to five welcome emails which help inform new users about various features of the Easyhi Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Easyhi Service. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing
THIRD PARTY APPLICATIONS, LINKS AND CONTENT
The Service includes or might include content, links or direct connections to or from other websites, contents or resources made available to you from third parties that are owned and operated by online merchants and other third parties, and which may contain references to information, media, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. Easyhi may further provide links to other websites that we feel are relevant and interesting to our users. You acknowledge and agree that Easyhi has no control over any such third party applications, websites, content or resources, which are made available by companies or persons other than Easyhi. You acknowledge and agree that Easyhi is not responsible for the availability of any such third party applications, websites, content or resources, nor for the accuracy of the information and intellectual property notices therein. Some of the third party linked websites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products. You further acknowledge that Easyhi is not liable to you for any loss or damage which may be incurred by you as a result of these third party applications, websites, content or resources, and there will be no refund claims honored based on third party any availability of any kind. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such websites. Your use of those third-party websites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each website. We include third party links or references merely as a convenience to Easyhi's Services Website users, and we do not endorse nor assume any liability for the third party websites, services, or products.
In Addition, The Easyhi website or Services may contain links to third party content, websites, advertising, applications or widgets that are not owned or controlled by Easyhi. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites, advertising, applications or widgets. In addition, Easyhi will not and cannot censor or edit the content of any third-party website, advertisement, application or widget. By using the Services, You expressly relieve Easyhi from any and all liability arising from Your use of any third-party content.
You should be aware that content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to Easyhi (or by other persons or companies on its behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Easyhi or by the owners of that content, in a separate agreement.
SUBMISSIONS
Certain parts of the Website may ask for written suggestions or problem reports such as using our contact forms or problem report forms, and the like as so applicable, In addition, the Easyhi Service may now or in the future permit the submission of images, sounds, videos or other communications submitted by you and other Users (the "Submissions"). The Submissions shall be deemed the property of Easyhi. Easyhi shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use, copy, transmit, publicly display and reformat the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Easyhi will not be treated as confidential and Easyhi shall not be liable for any disclosure of the Submissions.
TRADEMARKS
The Easyhi name and the Easyhi and other Easyhi graphics, logos, page headers, button icons, scripts, and service names are or may be trademarks, registered trademarks or trade dress of Easyhi in the United States and/or in other countries. You agree not to use Easyhi's trademarks and trade dress in connection with any product or service that is not the Easyhi Services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Easyhi. All other trademarks not owned by Easyhi that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Easyhi.
INTELLECTUAL PROPERTY
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Easyhi or its content suppliers (including any third party websites) and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Easyhi and protected by United States and international copyright laws. All software used on this site is the property of Easyhi or its software suppliers and protected by United States and international copyright laws. Easyhi is the owner and retains all proprietary rights to the website, the services provided by the website, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Website and its content only as specifically authorized by Easyhi and in accordance with these Terms.
Easyhi profoundly respects the third party intellectual property rights that may be implicated in creating any of the Easyhi Service features. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
Image content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of the image content, then you must get permission from the creator of the Image Content or the copyright holder to use the image content in the Easyhi Services. For example, professionally-taken photographs should not be used in the Easyhi Services unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in the Easyhi Services unless you have received a license to do so from the owner of the copyright. Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in any of Easyhi's Services. Do not upload, link or embed any media Content that is confidential or proprietary. Musical content that is not an original creation by you is also protectable under copyright laws. Copying music without purchasing or obtaining the rights to the music is against the law. Prior to uploading your own musical content, you must be sure that you have the permission to use such musical content in any of Easyhi's Services. If you are unsure whether you have the necessary rights to use music in any of Easyhi's Services, we encourage you to choose musical content available through Easyhi. You agree that you will not alter or modify the fundamental character of any music available through Easyhi or third party sites linked to by our Website. You may want to search for musical content or image content through the Creative Commons. You warrant that all image content and musical content uploaded by you, either from your own computer or another website/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the image and/or musical content as contemplated by the website and grant Easyhi the rights described herein. Use of the Website is limited to personal, non-commercial purposes only. You hereby grant to Easyhi a royalty-free, perpetual license to use, copy, create, modify, display and host your Easyhi generated content, image content, and musical content solely to the extent necessary for Easyhi to provide the Services.
You understand and agree that (i) to the greatest extent permitted by applicable law, your generated content, and any related intellectual property rights are "works made for hire" and are compensated by right to use the Services, (ii) Easyhi is the sole owner of all rights in such generated content, and you assign to Easyhi without royalty or any other further consideration your entire right, title and interest (including patent rights, copyrights, trade secrets, mask work rights, and all other intellectual property rights throughout the world) in and to all intellectual property contained in any generated content, (iii) Easyhi has the right to use, modify, reproduce and distribute the generated content and to make derivative works thereof and/or to license such generated content to any person, and (iv) Easyhi may exercise these rights in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You understand that Easyhi is not obligated to pay you anything for your generated content, or to feature or otherwise display your generated content on any web page, and that Easyhi is entitled to use your generated content for any purpose, all without any obligation to identify you as the creator thereof or otherwise acknowledge your contribution. To the extent that Easyhi is determined, for any reason not to be the owner of any element of any generated content (including all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "artist's rights," "droit moral," or the like (collectively "Moral Rights"), you hereby ratify and consent to any action that may be taken with respect to such Moral Rights by or authorized by Easyhi and agree not to assert any Moral Rights with respect thereto. You further agree that you will confirm any such ratifications, consents and agreements from time to time as requested by Easyhi. Easyhi assumes no liability with respect to the disclosure or use of confidential or proprietary information uploaded to the Website. All trademarks and/or service marks displayed on the website are the exclusive property of their respective owners, and may not be used without the owner's permission.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Immediately upon receipt of notice, Easyhi will investigate complaints relating to potential copyright infringement and take appropriate actions if so required by the applicable laws. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website or on Link Sites, please notify Easyhi immediately.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (ii) a description of the copyrighted work or works that you claim have been infringed ("Infringed work") and identification of what material in such work(s) is claimed to be infringing ("Infringing work") and which you request to be removed or access to which is to be disabled; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) information sufficient to permit Easyhi to contact you, such as your physical address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement, turn to our Contact Us page www.Easyhi.com/contac.php].
USE OF WEBSITE AND STORAGE OF MATERIAL
Upon registering with the Website, you will be assigned one (1) user account. You are limited to one account per person. Easyhi limits the maximum amount of disk space per account for storing Easyhi Videos and User Content to 1 Gigabyte. You may be given an opportunity to purchase additional storage space. Payments for such purchases are nonrefundable. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Website. The accounts of the Easyhi Services users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. The misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is strictly prohibited. You acknowledge that Easyhi has the right, at its sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use. You acknowledge that we reserve the right to terminate any Free User account with no prior notice to you, including the deletion of any videos and content associated therewith, if the account has been inactive for a twelve (12) month period.
You acknowledge and agree not to rely on this Website as a primary storage space for User Content. You agree to take measures to preserve backup copies of any digital data, information or other materials that you have uploaded. Easyhi reserves the right to change these general practices and limits at any time in our sole discretion.
REPEAT INFRINGERS
Your account will be terminated if, at Easyhi's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
MONITORING AND ENFORCEMENT
Easyhi reserves the right at its sole discretion to monitor activities and content associated with the Easyhi Services, but it not obligated in any way to do so or to provide any assurance as to the nature of these activates and content. Furthermore, Easyhi does not undertake to have the ability to, control or actively monitor content and therefore does not guarantee its accuracy, integrity or quality. You acknowledge and agree that in the process of using our Website you may be exposed to content that you find offensive or objectionable, and that this exposure might be the cause of variation between community standards, incompliance by certain individuals with our policies and practices and the like, all being situation which might be outside Easyhi's reach. If such situations arise, we would kindly ask you to promptly contact our Customer Service Department to let us know of content that you find objectionable. Easyhi may investigate the complaints and violations of our policies that come to our attention and may take any action that Easyhi believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, due to the great variation between situations and interpretations, You acknowledge and agree of Easyhi's right at its sole discretion not to take any action. Under no circumstances will Easyhi be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
INDEMNIFICATION
By accepting this Agreement, you agree to indemnify and otherwise hold harmless Easyhi, its officers, employees, agents, subsidiaries, affiliates, co-branders, other partners and employees from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (a) your use of the Easyhi Service; (b) unauthorized access to or alteration of your communications with or through the Easyhi Service; or (c) any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Website, your use of the Website, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. Any business transactions which may arise between users from their use of Easyhi are the sole responsibility of the users involved.
Without limitation of the Terms and conditions set forth in our Privacy Policy, you understand and agree that Easyhi may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of Easyhi, its users, and the public.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Easyhi, you acknowledge and agree that the Easyhi Services are provided on an "as is" and "as available" basis and without warranties of any kind either expressed or implied. You further acknowledge and agree that Easyhi does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. Easyhi assumes no responsibility for the accuracy or existence of any communications between users. To the fullest extent permissible pursuant to applicable law, Easyhi hereby expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Easyhi makes no warranty that (i) the Easyhi Service will meet your requirements, (ii) the Easyhi Service will be uninterrupted, timely, secure, or error-free, and will not be held liable for any such temporary interruption in Services (iii) the results that may be obtained from use of the Easyhi Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Easyhi Service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Easyhi Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Easyhi or through or from the Easyhi Service shall create any warranty not expressly stated in this Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Easyhi's liability will be limited to the fullest extent permitted by applicable law.
ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and Easyhi and governs your use of the Easyhi Website.
LIMITATION OF LIABILITY
You expressly understand and agree that under no circumstances Easyhi shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use or the inability to use, data and materials or other intangible losses (even if Easyhi has been advised of the possibility of such damages) relating to the Services, the Website or any other website. Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. No advice or information, whether written or oral, obtained by you from Easyhi or from or through the Website shall create any warranty not expressly stated in the Terms of use. In no event shall Easyhi's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount of US$100 (one hundred US Dollars), if at all.
TERMINATION
You agree that Easyhi may, with or without cause, immediately terminate your Easyhi account and access to the Easyhi Service without prior notice. Without limiting the foregoing, Easyhi will have the right to cause the termination of a certain user's use of the Easyhi Service, at any of the following conditions: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other governmental authorities, (c) a request by you, as a user of the Services (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Easyhi account includes removal of access to all offerings within the Easyhi Service and may also bar you from further use of the Easyhi Service. Furthermore, you agree that all terminations shall be made in Easyhi's sole discretion and that Easyhi shall not be liable to you nor any third-party for any termination of your account or access to the Easyhi Service.
GOVERNING LAW, JURISDICTION, INJUNCTIVE RELIEF
By accessing this Website, you and Easyhi agree that this Agreement and all matters relating to your access to, or use of, this Website shall be governed by and construed in accordance to the laws of the State of California, United Staes in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location., without regard to the conflict of laws provisions thereof. Any dispute arising under or in relation to this Agreement shall be resolved exclusively in the competent court located in the city of California, United States, and each of the parties hereby irrevocably submits to the exclusive jurisdiction of such courts.
You acknowledge that the rights granted and obligations made hereunder to Easyhi are of a unique and irreplaceable nature, the loss of which shall irreparably harm Easyhi and which cannot be replaced by monetary damages alone so that Easyhi shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any)
WAIVER/SEVERABILITY
The failure of Easyhi to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of the Company's right to assert or rely upon any such provision or right in that or any other instance. In fact, Easyhi may choose to enforce certain portions of these Terms more strictly or to interpret certain provisions more strictly against certain users than it does against users in general, and such disparate treatment shall not be grounds for failing to comply with all these Terms as so interpreted.
Easyhi operates and controls the Service from its offices in Blenheim Trust, P.O. Box 3483, Road Town, Tortola, British Virgin Islands. Easyhi makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Easyhi to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Services may be subject to United States export controls. Thus, no software from this Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Services-related materials obtained from the Website, Easyhi or any other source.
STATUTE OF LIMITATIONS.
You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy www.easyhi.com/privacy.html] must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
COMMENTS, FEEDBACK, SUGGESTIONS, IDEAS, AND OTHER SUBMISSIONS.
The Easyhi Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Content to the Website. Any material you transmit to the Website or otherwise through the Services will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions ("Ideas") disclosed, submitted, or offered to the Company in connection with the use of the Services or otherwise and any chat, blog, message board, online forum, text, email or other communication with the Easyhi or as part of the Easyhi Service ("User Emails") shall be the exclusive property of Easyhi. You agree that unless otherwise prohibited by law, Easyhi may use, sell, exploit and disclose the Ideas and/or the User Emails in any manner, without restriction and without compensation to you. Such usage of User Content may include, without limitation, displaying the User Content on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
MISCELLANEOUS
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement may be assigned by Easyhi, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void. This Agreement, together with the Website Privacy Policy www.easyhi.com/privacy.html], shall constitute the entire agreement and understanding between Easyhi and you concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto. Any attempt to modify or supplement the Terms of this Agreement and/or the Privacy Policy www.easyhi.com/privacy.html] shall be null and void unless agreed to in writing signed by both parties. Any failure by Easyhi to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. The section titles of this Agreement are displayed for convenience only and have no legal effect. This Agreement constitutes the final, complete and exclusive statement of the Terms of the agreement between you and us pertaining to the subject matter hereof and supersedes all prior and contemporaneous understandings or agreements. The section headings used herein are for convenience only and shall not be given any legal import. Upon Easyhi's request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Easyhi by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
NOTICES
All notices to a user or to Easyhi relating to this Agreement or the user's usage of the Website and the Services shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@easyhi.com, if by email, or to Easy Hi Ltd., c/o the offices of Blenheim Trust, P.O. Box 3483, Road Town, Tortola, British Virgin Islands, Attn: Website Agreement Issues, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (i) on the delivery date if delivered personally to the party; (ii) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (iii) five business days after the mailing date, if sent by US mail, return receipt requested; (iv) on the delivery date if transmitted by facsimile; (v) on the delivery date if transmitted by email; or (vi) immediately if broadcast by Easyhi.
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COPYRIGHT POLICY
A This Copyright Policy forms part of the Terms of use of the Easyhi.com Website. It refers to copyright issues. Please see the full Terms of use for other terms governing the use of this site in general, and the posting or uploading of content in particular.
B Without limiting any of the foregoing provisions of the Terms, Easyhi respects the copyrights and intellectual property rights of others and expects all users of Easyhi to do so also, both in their general use of this site and, particularly, in the posting or uploading of any content, including text, graphics, photographs, music, sound recordings, video an other audio-visual content.
C In addition to the foregoing provisions of the Terms, please ensure that any content posted or uploaded by you to this site is either: (a) content to which you own the copyright; or (b) content that is licensed for unrestricted use on and in connection with this site; (c) or content that is entirely in the public domain. If you are not sure whether the content fulfills any of the above conditions, please refrain from posting it.
D If you are the owner of a copyright or the authorized agent of any copyright holder and you believe that any content on this site infringes upon your copyright, you may submit a written notification to our Designated Agent under 17 U.S.C. Section 512(c)(3) (the "Digital Millennium Copyright Act" or "DMCA") including the following:
(i) A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this site are covered by a single notification, a representative list of such works at this site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Easyhi to locate the material. This should be done preferably by reference to the name or title of the work and by describing it and by noting the URL (page address) at which it is located (this address should appear in your browser window when viewing the page).
(iv) Information that is reasonably sufficient to permit Easyhi to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E All complaints should be sent in writing to Easyhi's copyright agent: Rom Silvas, Easyhi Ltd, 1307 Elizabeth Avenue, Las Vegas, NV 89119, USA, email: copyright@easyhi.com, telephone: fax:
F Under 17 U.S.C. Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Updated: July 1, 2010
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to the Website Terms of Use Agreement of the Easyhi website (http://www.Easyhi.com) (the "Website"), operated by Easy Hi Ltd., a company registered in the British Virgin Islands ("Easyhi"). Easyhi operates this Website as a service to its users subject to the terms and conditions of use hereof (the "Terms" or the "Agreement") and all modifications thereto, in addition to guidelines that may be published from time to time by Easyhi. This Agreement describes the terms on which you may access and use our services, the Website, and governs the respective covenants thereto. References herein to Easyhi are meant to relate also to the Easyhi service available through this Website.
By entering and/or using this and other websites owned, operated or maintained by Easyhi or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the Terms. Easyhi reserves the right to modify the Terms at any time, and without actual notice to you. All such changes to these Terms will appear on the Website. By entering and/or using this Website following any modifications to the Terms, you agree to be bound by any such modifications to the Terms. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the Terms of this Agreement, you may not use nor access our services. In this Agreement, all references to "you" shall mean the user using the Easyhi Services (as defined herein).
YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.
The operations, businesses, and properties described in this publication are owned or operated by Easyhi or by various affiliates and subsidiaries of Easyhi. The terms "Easyhi", "Company", "we", "our", "us" and "its" when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.
DESCRIPTION OF SERVICE
(the "Easyhi Service" or the "Services") This webpage is owned and operated by Easy Hi Ltd., a company incorporated under the laws of the British Virgin Islands, with its registered address at the offices of Blenheim Trust, at P.O. Box 3483, Road Town, Tortola, British Virgin Islands. [Easyhi through the Easyhi Services, is offering an easy and fun platform for users to discover, watch and share content in an expressive and creative way. The Services allow you to create personal pages with backgrounds, videos, image slideshows or music playlists with a personal creative message and cool effects that you can share online through www.easyhi.com, your favorite social network, email and the internet. For copyright purposes, some images we use as background themes are licensed for commercial use under creative commons license, we also allow users to upload their own personal images as an alternative. Videos can be added from virtually all major online websites or through our websitei. Music playlists and image slideshows can be embedded from most major sites, in accordance with their respective terms of use and copyright policies. In the process of creating your multimedia pages, Easyhi allows you to mix and combine content original content, your personal content and content hosted in other services. In the future, Easyhi may offer additional premium services, content, and/or merchandize, which you can access or order on a paid subscription basis. We do intend to keep a large portion of our services and features free of change.
LICENSE GRANT
Easyhi grants users with an Account a limited, non-exclusive, non-transferable license to access and use the Services (including any User Content, as defined below), all in accordance with these Terms. Easyhi may terminate this license at any time for any reason. You may use the Services on your hardware for your own personal, non-commercial use. No part of the Services may be reproduced in any form or incorporated into any information retrieval system, electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Services or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or the Website and you may not take any action that imposes an unreasonable or disproportionately large load on the Website. Easyhi reserves all rights not explicitly granted in these Terms. You also agree that you have no right to access, view or alter any source code or object code of the Company. Unless you have been specifically permitted to do so in a separate agreement with Easyhi, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You do not need a Easyhi account to visit the Easyhi Site. However, before you can deploy any of the Services on your website, you must create an Easyhi account and agree to the Easyhi Member Agreement, which will govern your use of the Services on your website.
MEMBERSHIP ELIGIBILITY
The Easyhi Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Easyhi for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring your Easyhi account to another party. If you do not qualify, you may not use the Easyhi Service.
USE OF SERVICE
Your use of the Easyhi Service is governed by this Agreement. Easyhi may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Easyhi of any unauthorized use of your password or account or any other breach of security. Easyhi cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
PRIVACY POLICY
Your privacy is very important to us at Easyhi. To better protect your rights we have provided the Easyhi Privacy Policy www.easyhi.com/privacy.html] to explain our privacy practices in detail. Please review our Privacy Policy, which also governs your visit to our Website, as well as the conditions of its use. In the event of any inconsistency between the Easyhi Privacy Policy and this Agreement, the Agreement shall prevail.
REGISTRATION DATA, PASSWORDS, AND PRIVACY
By registering with the Website, you agree that all information provided to Easyhi is true and accurate and consent to update this information in order to keep its accuracy, correctness and completeness. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times. You agree to be fully responsible for activities or transactions that relate to your account or your password in the Website. You acknowledge and agree to immediately notify Easyhi if you learn of an unauthorized use of your password. All information we obtain about you in connection with your use of this website is subject to our Privacy Policy www.easyhi.com/privacy.html], which is incorporated by reference into these Terms.
USER CONDUCT AND ONLINE BEHAVIOR
You understand and agree that the your use of the Easyhi Services or any engagement you have or will have with Easyhi, is strictly intended not to include certain conducts which are defined herein as prohibited by Easyhi, and any such use shall be considered a breach of this Agreement, thus granting Easyhi the right to immediately terminate this Agreement and your user status and pursue any other right or remedy allowed by law.
You agree to obey all applicable rules and regulations in using the Website, and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, you are in the sole responsible person from whom such content originated. This means that you, and not Easyhi, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Easyhi Services. Easyhi does not control the content posted via the Easyhi Services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Easyhi Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Easyhi be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Easyhi Services. You are responsible for the contents of your submissions or communications through the Website, and warrant that you shall exercise respect when participating in any of Easyhi's community features such as, but not limited to, forums, blogs, email functions, etc. (if so applicable and as might be altered from time to time), and when using sharing content such as, but not limited to video, images, text, music, animations and the like or any other feature of the Easyhi Services (collectively, "User Content"). The prohibited conduct you hereby agree to abide shall include but is not limited to the following:
Posting of content or initiation of communications which are unlawful, defamatory, abusive, offensive, racist, obscene, pornographic, discriminatory, an invasion of privacy, harmful to a minor or otherwise infringement on any intellectual property rights of a third party or would otherwise violate any third party rights, privacy rights, publicity rights, copyrights, trademarks or other intellectual property rights, and you agree to pay all royalties and any other amounts that may be owing to any person with respect to your contribution to Easyhi.
1. Use the Easyhi Service for any illegal purpose, including but not limited to conspiring to violate laws.
2. Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
3. Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
4. Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
5. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, sending unsolicited promotional messages to those direct connections without their permission, "junk mail", "spam", "chain letters", "pyramid schemes", and related dealings or any other form of solicitation. This prohibition additionally includes but is not limited to (a) using Easyhi invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using Easyhi to connect to people who don't know you and then; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
6. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7. Stalk or harass anyone.
8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Easyhi Service.
9. Post content in fields that aren't intended for that content. Example: Putting an address in a name or title field.
10. Interfere with or disrupt the Easyhi Service or servers or networks connected to the Easyhi Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Easyhi Service.
11. Use your Website account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
12. modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Services or any portion of any website on which the Services are offered (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
13. use the Service in any manner that could damage, disable, overburden, or impair the Services or another user's use of the Services;
14. remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices ("Notices") contained in or on the Services or any website on which the Services are offered, Easyhi's code embeddable or embedded on a third party web site and/or Easyhi software and you shall reproduce such Notices exactly on all permitted copies of the software, Servicse or generated content;
15. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Easyhi; or
16. use the Services to violate the security of any computer network or transfer or store illegal material.
17. You agree that if you access the Services through a social network or other mechanism other than a website owned or controlled by Easyhi, you must be a registered member of that social network and be in compliance with the policies or terms of use/service of that network.
18. You agree not to challenge Easyhi's ownership or control of any Easyhi's trademarks and trade names, nor use or adopt any trademarks or tradenames that might be confusingly similar to such trademarks.
19. You hereby acknowledge and agree that notwithstanding anything contain in this Agreement to the conterary, upon any violation or breach of these Terms or upon any contraventing use of the Services or the Website, of any kind and without any limitation, you shall be responsible and bear any and all expenses, costs, damages and the like, whether direct or indirect, caused directly or indirectly as a result of your actions or omissions thereof and Easyhi shall be entitled to any compensation or reimbursement in connection thereto.
Easyhi and the Easyhi Service do not endorse the contents of any User or third party Content, and expressly disclaim any and all liability in connection thereof. We do not pre-screen or monitor User or third party Content. However, Easyhi reserves the right at its sole discretion to remove any User Content of any kind that, in our judgment, does not comply with these Terms and any other rules of user conduct for the Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You hereby consent to such removal and waive any claim against Easyhi arising out of such removal.
If you would like to notify us of User Content which you believe does not comply with these Terms, please fill out our feedback form available through the Contact Us page in the Website www.Easyhi.com/contact.php]. Make sure to include both the internet URL address for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using the Website, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Easyhi arising from your exposure to such materials.
You agree that Easyhi may at any time, and at its sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms. In addition, you acknowledge that Easyhi will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
WHILE EASYHI IS UNDER NO OBLIGATION TO DO SO, EASYHI RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE EASYHI SITE WITHOUT NOTICE, AND FOR ANY REASON EASYHI DEEMS SUFFICIENT
INTERNATIONAL USE
Recognizing the global nature of the internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
We make no representation that Easyhi is appropriate or available for use in locations outside the United States, and accessing Easyhi from territories where the service is illegal is prohibited.
INFORMATION PROVIDED ON THIS WEBSITE
In the course of using the Easyhi Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy www.easyhi.com/privacy.html] to learn more about information collected on this Website). You understand that by posting materials on the Easyhi Website or otherwise providing materials to Easyhi, you are granting to Easyhi a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Easyhi Service. Furthermore, you understand that Easyhi retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Easyhi Service is the sole responsibility of the person from which such content originated and that Easyhi will not be liable for any errors or omissions in any content. You understand that Easyhi cannot guarantee the identity of any other users with whom you may interact in the course of using the Easyhi Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
ACCESS TO SERVICE
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Easyhi Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this Website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
EASYHI ELECTRONIC COMMUNICATIONS
When you visit this Website or send e-mails to us, you are communicating with Easyhi electronically. In the course of providing you services, Easyhi may need to communicate with you via email (see our Privacy Policy www.easyhi.com/privacy.html] to learn more about communications) or by posting notices on this Website. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Easyhi Service, including a series of up to five welcome emails which help inform new users about various features of the Easyhi Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Easyhi Service. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing
THIRD PARTY APPLICATIONS, LINKS AND CONTENT
The Service includes or might include content, links or direct connections to or from other websites, contents or resources made available to you from third parties that are owned and operated by online merchants and other third parties, and which may contain references to information, media, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. Easyhi may further provide links to other websites that we feel are relevant and interesting to our users. You acknowledge and agree that Easyhi has no control over any such third party applications, websites, content or resources, which are made available by companies or persons other than Easyhi. You acknowledge and agree that Easyhi is not responsible for the availability of any such third party applications, websites, content or resources, nor for the accuracy of the information and intellectual property notices therein. Some of the third party linked websites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products. You further acknowledge that Easyhi is not liable to you for any loss or damage which may be incurred by you as a result of these third party applications, websites, content or resources, and there will be no refund claims honored based on third party any availability of any kind. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such websites. Your use of those third-party websites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each website. We include third party links or references merely as a convenience to Easyhi's Services Website users, and we do not endorse nor assume any liability for the third party websites, services, or products.
In Addition, The Easyhi website or Services may contain links to third party content, websites, advertising, applications or widgets that are not owned or controlled by Easyhi. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites, advertising, applications or widgets. In addition, Easyhi will not and cannot censor or edit the content of any third-party website, advertisement, application or widget. By using the Services, You expressly relieve Easyhi from any and all liability arising from Your use of any third-party content.
You should be aware that content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to Easyhi (or by other persons or companies on its behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Easyhi or by the owners of that content, in a separate agreement.
SUBMISSIONS
Certain parts of the Website may ask for written suggestions or problem reports such as using our contact forms or problem report forms, and the like as so applicable, In addition, the Easyhi Service may now or in the future permit the submission of images, sounds, videos or other communications submitted by you and other Users (the "Submissions"). The Submissions shall be deemed the property of Easyhi. Easyhi shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use, copy, transmit, publicly display and reformat the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Easyhi will not be treated as confidential and Easyhi shall not be liable for any disclosure of the Submissions.
TRADEMARKS
The Easyhi name and the Easyhi and other Easyhi graphics, logos, page headers, button icons, scripts, and service names are or may be trademarks, registered trademarks or trade dress of Easyhi in the United States and/or in other countries. You agree not to use Easyhi's trademarks and trade dress in connection with any product or service that is not the Easyhi Services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Easyhi. All other trademarks not owned by Easyhi that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Easyhi.
INTELLECTUAL PROPERTY
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Easyhi or its content suppliers (including any third party websites) and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Easyhi and protected by United States and international copyright laws. All software used on this site is the property of Easyhi or its software suppliers and protected by United States and international copyright laws. Easyhi is the owner and retains all proprietary rights to the website, the services provided by the website, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Website and its content only as specifically authorized by Easyhi and in accordance with these Terms.
Easyhi profoundly respects the third party intellectual property rights that may be implicated in creating any of the Easyhi Service features. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
Image content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of the image content, then you must get permission from the creator of the Image Content or the copyright holder to use the image content in the Easyhi Services. For example, professionally-taken photographs should not be used in the Easyhi Services unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in the Easyhi Services unless you have received a license to do so from the owner of the copyright. Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in any of Easyhi's Services. Do not upload, link or embed any media Content that is confidential or proprietary. Musical content that is not an original creation by you is also protectable under copyright laws. Copying music without purchasing or obtaining the rights to the music is against the law. Prior to uploading your own musical content, you must be sure that you have the permission to use such musical content in any of Easyhi's Services. If you are unsure whether you have the necessary rights to use music in any of Easyhi's Services, we encourage you to choose musical content available through Easyhi. You agree that you will not alter or modify the fundamental character of any music available through Easyhi or third party sites linked to by our Website. You may want to search for musical content or image content through the Creative Commons. You warrant that all image content and musical content uploaded by you, either from your own computer or another website/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the image and/or musical content as contemplated by the website and grant Easyhi the rights described herein. Use of the Website is limited to personal, non-commercial purposes only. You hereby grant to Easyhi a royalty-free, perpetual license to use, copy, create, modify, display and host your Easyhi generated content, image content, and musical content solely to the extent necessary for Easyhi to provide the Services.
You understand and agree that (i) to the greatest extent permitted by applicable law, your generated content, and any related intellectual property rights are "works made for hire" and are compensated by right to use the Services, (ii) Easyhi is the sole owner of all rights in such generated content, and you assign to Easyhi without royalty or any other further consideration your entire right, title and interest (including patent rights, copyrights, trade secrets, mask work rights, and all other intellectual property rights throughout the world) in and to all intellectual property contained in any generated content, (iii) Easyhi has the right to use, modify, reproduce and distribute the generated content and to make derivative works thereof and/or to license such generated content to any person, and (iv) Easyhi may exercise these rights in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You understand that Easyhi is not obligated to pay you anything for your generated content, or to feature or otherwise display your generated content on any web page, and that Easyhi is entitled to use your generated content for any purpose, all without any obligation to identify you as the creator thereof or otherwise acknowledge your contribution. To the extent that Easyhi is determined, for any reason not to be the owner of any element of any generated content (including all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "artist's rights," "droit moral," or the like (collectively "Moral Rights"), you hereby ratify and consent to any action that may be taken with respect to such Moral Rights by or authorized by Easyhi and agree not to assert any Moral Rights with respect thereto. You further agree that you will confirm any such ratifications, consents and agreements from time to time as requested by Easyhi. Easyhi assumes no liability with respect to the disclosure or use of confidential or proprietary information uploaded to the Website. All trademarks and/or service marks displayed on the website are the exclusive property of their respective owners, and may not be used without the owner's permission.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Immediately upon receipt of notice, Easyhi will investigate complaints relating to potential copyright infringement and take appropriate actions if so required by the applicable laws. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website or on Link Sites, please notify Easyhi immediately.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (ii) a description of the copyrighted work or works that you claim have been infringed ("Infringed work") and identification of what material in such work(s) is claimed to be infringing ("Infringing work") and which you request to be removed or access to which is to be disabled; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) information sufficient to permit Easyhi to contact you, such as your physical address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement, turn to our Contact Us page www.Easyhi.com/contac.php].
USE OF WEBSITE AND STORAGE OF MATERIAL
Upon registering with the Website, you will be assigned one (1) user account. You are limited to one account per person. Easyhi limits the maximum amount of disk space per account for storing Easyhi Videos and User Content to 1 Gigabyte. You may be given an opportunity to purchase additional storage space. Payments for such purchases are nonrefundable. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Website. The accounts of the Easyhi Services users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. The misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is strictly prohibited. You acknowledge that Easyhi has the right, at its sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use. You acknowledge that we reserve the right to terminate any Free User account with no prior notice to you, including the deletion of any videos and content associated therewith, if the account has been inactive for a twelve (12) month period.
You acknowledge and agree not to rely on this Website as a primary storage space for User Content. You agree to take measures to preserve backup copies of any digital data, information or other materials that you have uploaded. Easyhi reserves the right to change these general practices and limits at any time in our sole discretion.
REPEAT INFRINGERS
Your account will be terminated if, at Easyhi's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
MONITORING AND ENFORCEMENT
Easyhi reserves the right at its sole discretion to monitor activities and content associated with the Easyhi Services, but it not obligated in any way to do so or to provide any assurance as to the nature of these activates and content. Furthermore, Easyhi does not undertake to have the ability to, control or actively monitor content and therefore does not guarantee its accuracy, integrity or quality. You acknowledge and agree that in the process of using our Website you may be exposed to content that you find offensive or objectionable, and that this exposure might be the cause of variation between community standards, incompliance by certain individuals with our policies and practices and the like, all being situation which might be outside Easyhi's reach. If such situations arise, we would kindly ask you to promptly contact our Customer Service Department to let us know of content that you find objectionable. Easyhi may investigate the complaints and violations of our policies that come to our attention and may take any action that Easyhi believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, due to the great variation between situations and interpretations, You acknowledge and agree of Easyhi's right at its sole discretion not to take any action. Under no circumstances will Easyhi be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
INDEMNIFICATION
By accepting this Agreement, you agree to indemnify and otherwise hold harmless Easyhi, its officers, employees, agents, subsidiaries, affiliates, co-branders, other partners and employees from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (a) your use of the Easyhi Service; (b) unauthorized access to or alteration of your communications with or through the Easyhi Service; or (c) any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Website, your use of the Website, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. Any business transactions which may arise between users from their use of Easyhi are the sole responsibility of the users involved.
Without limitation of the Terms and conditions set forth in our Privacy Policy, you understand and agree that Easyhi may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of Easyhi, its users, and the public.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Easyhi, you acknowledge and agree that the Easyhi Services are provided on an "as is" and "as available" basis and without warranties of any kind either expressed or implied. You further acknowledge and agree that Easyhi does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. Easyhi assumes no responsibility for the accuracy or existence of any communications between users. To the fullest extent permissible pursuant to applicable law, Easyhi hereby expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Easyhi makes no warranty that (i) the Easyhi Service will meet your requirements, (ii) the Easyhi Service will be uninterrupted, timely, secure, or error-free, and will not be held liable for any such temporary interruption in Services (iii) the results that may be obtained from use of the Easyhi Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Easyhi Service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Easyhi Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Easyhi or through or from the Easyhi Service shall create any warranty not expressly stated in this Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Easyhi's liability will be limited to the fullest extent permitted by applicable law.
ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and Easyhi and governs your use of the Easyhi Website.
LIMITATION OF LIABILITY
You expressly understand and agree that under no circumstances Easyhi shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use or the inability to use, data and materials or other intangible losses (even if Easyhi has been advised of the possibility of such damages) relating to the Services, the Website or any other website. Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. No advice or information, whether written or oral, obtained by you from Easyhi or from or through the Website shall create any warranty not expressly stated in the Terms of use. In no event shall Easyhi's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount of US$100 (one hundred US Dollars), if at all.
TERMINATION
You agree that Easyhi may, with or without cause, immediately terminate your Easyhi account and access to the Easyhi Service without prior notice. Without limiting the foregoing, Easyhi will have the right to cause the termination of a certain user's use of the Easyhi Service, at any of the following conditions: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other governmental authorities, (c) a request by you, as a user of the Services (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Easyhi account includes removal of access to all offerings within the Easyhi Service and may also bar you from further use of the Easyhi Service. Furthermore, you agree that all terminations shall be made in Easyhi's sole discretion and that Easyhi shall not be liable to you nor any third-party for any termination of your account or access to the Easyhi Service.
GOVERNING LAW, JURISDICTION, INJUNCTIVE RELIEF
By accessing this Website, you and Easyhi agree that this Agreement and all matters relating to your access to, or use of, this Website shall be governed by and construed in accordance to the laws of the State of California, United Staes in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location., without regard to the conflict of laws provisions thereof. Any dispute arising under or in relation to this Agreement shall be resolved exclusively in the competent court located in the city of California, United States, and each of the parties hereby irrevocably submits to the exclusive jurisdiction of such courts.
You acknowledge that the rights granted and obligations made hereunder to Easyhi are of a unique and irreplaceable nature, the loss of which shall irreparably harm Easyhi and which cannot be replaced by monetary damages alone so that Easyhi shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any)
WAIVER/SEVERABILITY
The failure of Easyhi to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of the Company's right to assert or rely upon any such provision or right in that or any other instance. In fact, Easyhi may choose to enforce certain portions of these Terms more strictly or to interpret certain provisions more strictly against certain users than it does against users in general, and such disparate treatment shall not be grounds for failing to comply with all these Terms as so interpreted.
Easyhi operates and controls the Service from its offices in Blenheim Trust, P.O. Box 3483, Road Town, Tortola, British Virgin Islands. Easyhi makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Easyhi to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Services may be subject to United States export controls. Thus, no software from this Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Services-related materials obtained from the Website, Easyhi or any other source.
STATUTE OF LIMITATIONS.
You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy www.easyhi.com/privacy.html] must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
COMMENTS, FEEDBACK, SUGGESTIONS, IDEAS, AND OTHER SUBMISSIONS.
The Easyhi Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Content to the Website. Any material you transmit to the Website or otherwise through the Services will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions ("Ideas") disclosed, submitted, or offered to the Company in connection with the use of the Services or otherwise and any chat, blog, message board, online forum, text, email or other communication with the Easyhi or as part of the Easyhi Service ("User Emails") shall be the exclusive property of Easyhi. You agree that unless otherwise prohibited by law, Easyhi may use, sell, exploit and disclose the Ideas and/or the User Emails in any manner, without restriction and without compensation to you. Such usage of User Content may include, without limitation, displaying the User Content on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
MISCELLANEOUS
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement may be assigned by Easyhi, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void. This Agreement, together with the Website Privacy Policy www.easyhi.com/privacy.html], shall constitute the entire agreement and understanding between Easyhi and you concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto. Any attempt to modify or supplement the Terms of this Agreement and/or the Privacy Policy www.easyhi.com/privacy.html] shall be null and void unless agreed to in writing signed by both parties. Any failure by Easyhi to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. The section titles of this Agreement are displayed for convenience only and have no legal effect. This Agreement constitutes the final, complete and exclusive statement of the Terms of the agreement between you and us pertaining to the subject matter hereof and supersedes all prior and contemporaneous understandings or agreements. The section headings used herein are for convenience only and shall not be given any legal import. Upon Easyhi's request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Easyhi by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
NOTICES
All notices to a user or to Easyhi relating to this Agreement or the user's usage of the Website and the Services shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@easyhi.com, if by email, or to Easy Hi Ltd., c/o the offices of Blenheim Trust, P.O. Box 3483, Road Town, Tortola, British Virgin Islands, Attn: Website Agreement Issues, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (i) on the delivery date if delivered personally to the party; (ii) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (iii) five business days after the mailing date, if sent by US mail, return receipt requested; (iv) on the delivery date if transmitted by facsimile; (v) on the delivery date if transmitted by email; or (vi) immediately if broadcast by Easyhi.
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COPYRIGHT POLICY
A This Copyright Policy forms part of the Terms of use of the Easyhi.com Website. It refers to copyright issues. Please see the full Terms of use for other terms governing the use of this site in general, and the posting or uploading of content in particular.
B Without limiting any of the foregoing provisions of the Terms, Easyhi respects the copyrights and intellectual property rights of others and expects all users of Easyhi to do so also, both in their general use of this site and, particularly, in the posting or uploading of any content, including text, graphics, photographs, music, sound recordings, video an other audio-visual content.
C In addition to the foregoing provisions of the Terms, please ensure that any content posted or uploaded by you to this site is either: (a) content to which you own the copyright; or (b) content that is licensed for unrestricted use on and in connection with this site; (c) or content that is entirely in the public domain. If you are not sure whether the content fulfills any of the above conditions, please refrain from posting it.
D If you are the owner of a copyright or the authorized agent of any copyright holder and you believe that any content on this site infringes upon your copyright, you may submit a written notification to our Designated Agent under 17 U.S.C. Section 512(c)(3) (the "Digital Millennium Copyright Act" or "DMCA") including the following:
(i) A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this site are covered by a single notification, a representative list of such works at this site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Easyhi to locate the material. This should be done preferably by reference to the name or title of the work and by describing it and by noting the URL (page address) at which it is located (this address should appear in your browser window when viewing the page).
(iv) Information that is reasonably sufficient to permit Easyhi to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E All complaints should be sent in writing to Easyhi's copyright agent: Rom Silvas, Easyhi Ltd, 1307 Elizabeth Avenue, Las Vegas, NV 89119, USA, email: copyright@easyhi.com, telephone: fax:
F Under 17 U.S.C. Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.