PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE. ALL ACCESS TO AND USE OF THIS SITE IS GOVERNED BY THESE
TERMS.
By using this site, you signify your assent to these Terms and
Conditions. If you do not agree to all of these Terms and Conditions
of use, do not use this site!
[HopeSea.com](“ HopeSea “) may revise and update these Terms and Conditions at any time. Your continued usage of the HopeSea website (“HopeSea Site,” or the “Site,”) will mean you accept those changes.
Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Materials
All materials posted on this site are protected by the copyright
laws in the United States and in foreign countries. HopeSea
authorizes you to view or download a single copy of the material on
the HopeSeaSite solely for your personal, noncommercial use if
you include the copyright notice located at the end of the material,
for example: “©2019, HopeSea. All rights reserved” and other
copyright and proprietary rights notices that are contained in the
Content. Any special rules for the use of certain software and other
items accessible on the HopeSea Site may be included elsewhere
within the Site and are incorporated into these Terms and Conditions
by reference.
Title to the materials remains with HopeSea or its licensors. Any
use of the materials not expressly permitted by these Terms and
Conditions is a breach of these Terms and Conditions and may violate
copyright, trademark, and other laws. Content and features are
subject to change or termination without notice in the editorial
discretion of HopeSea. All rights not expressly granted herein
are reserved to HopeSea and its licensors.
If you violate any of these Terms and Conditions, your permission to
use the materials automatically terminates and you must immediately
destroy any copies you have made of any portion of the materials.
Liability of HopeSea and Its Licensors
The use of the HopeSea Site and the Content is at your own risk.
All information provided on this website is subject to change
without notice.
When using the HopeSea Site, information will be transmitted over
a medium that may be beyond the control and jurisdiction of
HopeSea and its suppliers. Accordingly, HopeSea assumes no
liability for or relating to the delay, failure, interruption, or
corruption of any data or other information transmitted in
connection with use of the HopeSea Site.
The HopeSea Site and the content are provided on an “as is”
basis. HopeSea, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without
limiting the foregoing, HopeSea, its licensors, and its suppliers
make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness
of the Content, software, text, graphics, links, or communications
provided on or through the use of the HopeSea Site or HopeSea.
The satisfaction of any government regulations requiring disclosure
of information on prescription drug products or the approval or
compliance of any software tools with regard to the Content
contained on the HopeSea Site.
In no event shall HopeSea, its licensors, its suppliers, or any
third parties mentioned on the HopeSea Site be liable for any
damages (including, without limitation, incidental and consequential
damages, personal injury/wrongful death, lost profits, or damages
resulting from lost data or business interruption) resulting from
the use of or inability to use the HopeSea Site or the Content,
whether based on warranty, contract, tort, or any other legal
theory, and whether or not HopeSea, its licensors, its suppliers,
or any third parties mentioned on the HopeSea Site are advised of
the possibility of such damages. HopeSea, its licensors, its
suppliers, or any third parties mentioned on the HopeSea Site
shall be liable only to the extent of actual damages incurred by
you, not to exceed U.S. $1000. HopeSea, its licensors, its
suppliers, or any third parties mentioned on the HopeSea Site are
not liable for any personal injury, including death, caused by your
use or misuse of the Site, Content, or Public Areas (as defined
below). Any claims arising in connection with your use of the Site,
any Content, or the Public Areas must be brought within one (1) year
of the date of the event giving rise to such action occurred.
Remedies under these Terms and Conditions are exclusive and are
limited to those expressly provided for in these Terms and
Conditions.
User Submissions
The personal information you submit to HopeSea is governed by the
HopeSea Privacy Policy. To the extent there is an inconsistency
between this Agreement and the HopeSea Privacy Policy, this
Agreement shall govern.
The Site contains functionality (including blogs, message boards,
user reviews of drug information, etc.) that allows users to upload
content to the Site (collectively “Public Areas”) and users may also
upload content via our official brand presence on social media
platforms and branded hashtags (including, without limitation
Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest,
collectively “Social Media Platforms”). You agree that you will not
upload or transmit any communications or content of any type to the
Public Areas or Social Media Platforms that infringe or violate any
rights of any party. By submitting communications or content to the
Public Areas or Social Media Platforms, you agree that such
submission is non-confidential for all purposes. It is important to
note that HopeSea is not responsible for the operation, terms of
use or policies of any Social Media Platform. Before using any
Social Media Platforms you should review its terms of use and
policies, including its privacy policy.
If you make any such submission you agree that you will not send or
transmit to HopeSea by email, (including through the email
address listed on the “Terms of Use” page) any communication or
content that infringes or violates any rights of any party. If you
submit any business information, idea, concept or invention to
HopeSea by email, you agree such submission is non-confidential
for all purposes.
If you make any submission to a Public Area or a Social Media
Platform or if you submit any business information, idea, concept or
invention to HopeSea by email, you automatically grant-or warrant
that the owner of such content or intellectual property has
expressly granted- HopeSea a royalty-free, perpetual,
irrevocable, world-wide nonexclusive license to use, reproduce,
create derivative works from, modify, publish, edit, translate,
distribute, perform, and display the communication or content in any
media or medium, or any form, format, or forum now known or
hereafter developed. HopeSea may sublicense its rights through
multiple tiers of sublicenses. If you wish to keep any business
information, ideas, concepts or inventions private or proprietary,
do not submit them to the Public Areas or Social Media Platforms or
to HopeSea by email. We try to answer every email in a timely
manner, but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post or upload media (like photos, videos or
audio) on the HopeSea site or a Social Media Platform that you
have taken yourself or that you have all rights to transmit and
license and which do not violate trademark, copyright, privacy or
any other rights of any other person. Photos or videos of
celebrities and cartoon or comic images are usually copyrighted by
the owner.
To protect your privacy, you agree that you will not submit any
media that contains Personally Identifiable Information (like name,
phone number, email address or web site URL) of you or of anyone
else. Uploading media like images or video of other people without
their permission is strictly prohibited.
By uploading any media on the HopeSea site or a Social Media
Platform, you warrant that you have permission from all persons
appearing in your media for you to make this contribution and grant
rights described herein. Never post a picture or video of or with
someone else unless you have their explicit permission.
IT IS STRICTLY PROHIBITED TO UPLOAD MEDIA OF ANY KIND THAT CONTAIN
EXPRESSIONS OF HATE, ABUSE, OFFENSIVE IMAGES OR CONDUCT, OBSCENITY,
PORNOGRAPHY, SEXUALLY EXPLICIT OR ANY MATERIAL THAT COULD GIVE RISE
TO ANY CIVIL OR CRIMINAL LIABILITY UNDER APPLICABLE LAW OR
REGULATIONS OR THAT OTHERWISE MAY BE IN CONFLICT WITH THESE TERMS
AND CONDITIONS AND THE HopeSea PRIVACY POLICY.
You agree that you will not upload 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 this Web site.
By uploading any media on the HopeSea site or a Social Media
Platform like a photo or video, (a) you grant to HopeSea a
perpetual, non-exclusive, worldwide, royalty-free license to use,
copy, print, display, reproduce, modify, publish, post, transmit and
distribute the media and any material included in the media; (b) you
certify that any person pictured in the submitted media (or, if a
minor, his/her parent/legal guardian) authorizes HopeSeato use,
copy, print, display, reproduce, modify, publish, post, transmit and
distribute the media and any material included in such media; and
(c) you agree to indemnify HopeSea and its affiliates, directors,
officers and employees and hold them harmless from any and all
claims and expenses, including attorneys’ fees, arising from the
media and/or your failure to comply with these the terms described
in this document.
HopeSea reserves the right to review all media prior to
submission to the site and to remove any media for any reason, at
any time, without prior notice, at our sole discretion.
HopeSea Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Record the dialogue in public chat rooms;
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
Terminate a user’s access to any or all Public Areas and/or the HopeSea Site upon any breach of these Terms and Conditions;
Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform;
Edit or delete any communication(s) posted on the HopeSea Site, regardless of whether such communication(s) violate these standards;
HopeSea or its licensors have no liability or responsibility to users of the HopeSea Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
HopeSea may provide links to third-party web sites. HopeSeaalso may select certain sites as priority responses to search terms you enter and HopeSea may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. HopeSea does not recommend and does not endorse the content on any third-party websites. HopeSeais not responsible for the content of linked third-party sites, sites framed within the HopeSea Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. HopeSeadoes not endorse any product, service, or treatment advertised on the HopeSeaSite.
Indemnity
You agree to defend, indemnify, and hold HopeSea, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
HopeSea makes no claims that HopeSea, or any Site within the
HopeSea Network and the Content are appropriate or may be
downloaded outside of the United States. Access to the Content may
not be legal by certain persons or in certain countries. If you
access the HopeSea Network from outside the United States, you do
so at your own risk and are responsible for compliance with the laws
of your jurisdiction.
The following provisions survive the expiration or termination of
this Agreement for any reason whatsoever: Liability, User
Submissions, User Submissions – image, video, audio files,
Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with
HopeSea, or in any way relating to your use of the HopeSea
Site, resides in the courts of the State of California and you
further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of California in connection
with any such dispute including any claim involving HopeSea or
its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive
laws of the State of California, without respect to its conflict of
laws principles. If any provision of these Terms and Conditions is
found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms and Conditions, which shall
remain in full force and effect. No waiver of any of these Terms and
Conditions shall be deemed a further or continuing waiver of such
term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting HopeSea’s e-mail and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
Your name, address, telephone number and (if available) e-mail address;
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf;
A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, HopeSeamaintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular “legal notice” on the
HopeSea Site, these Terms and Conditions and the HopeSea
Privacy Policy constitute the entire agreement between you and
HopeSea with respect to the use of the HopeSea Site, and
Content.
Thank you for your cooperation. We hope you find the HopeSeaSite
helpful and convenient to use!