This agreement is in effect as of September 1, 2014.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You understand that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any HiHaHo employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment, does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- You agree to indemnify and hold harmless HiHaHo and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- the use of our Resources will meet your needs or requirements.
- the use of our Resources will be uninterrupted, timely, secure or free from errors.
- the information obtained by using our Resources will be accurate or reliable, and
- any defects in the operation or functionality of any Resource we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result downloading such content.
- no information or advice, whether expressed, implied, oral or written, obtained by you from HiHaHo or through any Resource we provide, shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Nothing in these Terms of Service Use will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Nothing in the Site disclaimer will exclude or limit the liability of HiHaHo in respect of any:
- Death or personal injury caused by the negligence of HiHaHo or its agents, employees, or shareholders/owners
- Fraud or fraudulent misrepresentation on the part of HiHaHo, or matter as to which it would be illegal or unlawful under applicable law for HiHaHo to exclude, limit, or to attempt or purport to exclude or limit its liability
By using the Site, you agree that the exclusions and limitations of liability set forth in the Terms of Service above are reasonable. If you do not think they are reasonable, you must not use the Site.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. HiHaHo will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Third Party Content
HiHaHo uses some content from third party creators and suppliers who own the rights to that content.
You may display this content, but only on your personal computer, and only for your personal or business use. No other type of display is permitted.
Unless you have permission from the creator or supplier, you agree not to download, cache, reproduce, modify, edit, alter, or enhance any of its content.
HIHAHO DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
In these Terms of Service, â€œUser Contentâ€ means material (including, without limitation, text, images, audio material, video material, and audio-visual material) that you (or third parties acting at your direction) submit to the Site, for whatever purpose, including but not limited to, creation of HiHaHo interactive videos (as defined below).
Unless you are a paid Subscriber, by submitting User Content to the Site you grant to HiHaHo a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such User Content, including but not limited to any proprietary, patented, copyrighted, or otherwise confidential User Content, in any existing or future media. You also grant to HiHaHo the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You may not submit any User Content to the HiHaHo website that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.
HiHaHo reserves the right to edit or remove any User Content submitted to the HiHaHo website, or stored on the servers of HiHaHo, or hosted or published upon the HiHaHo website. However, HiHaHo does not undertake to monitor the submission of User Content submitted to or published on or by the HiHaHo website.
All content, exept User Content, and materials available on the HiHaHo website and HiHaHo services, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of HiHaHo, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by HiHaHo.
HiHaHo interactive videos
You acknowledge that you alone are responsible for the content of any visual and/or audio HiHaHo interactive video or portions thereof that you import to, create, store on, or access through use of the HiHaHo website, HiHaHo services or HiHaHo software.
Your responsibility for the content and appearance of each HiHaHo interactive video includes, but is not limited to, its legality, reliability, appropriateness, and originality.
If you do not have a paid account on the HiHaHo website your HiHaHo interactive videos will be available for any third party to view at a publicly available URL. You acknowledge that third parties may view and have access to your HiHaHo interactive videos, and that HiHaHo has no control over third parties’ use of your HiHaHo interactive videos. HiHaHo interactive videos may be indexed by search engines. HiHaHo has the right to add a watermark and/or advertisements and limit functionalities to the HiHaHo interactive videos of non-paid accounts. The HiHaHo interactive videos may not be used for commercial purposes, although testing HiHaHo interactive videos is allowed.
If you choose to become a paid Subscriber, you may also allow your HiHaHo interactive videos to be made available publicly. As a paid Subscriber, however, you will have the option to limit access to any HiHaHo interactive video. Access is maintained by you in your User Account.
You shall have the right to embed any HiHaHo interactive video you create through the use of the HiHaHo website, the HiHaHo services or the HiHaHo software, and to make such HiHaHo interactive videos available on your personal or company website, as applicable. You represent and warrant that the posting and/or embedding of your HiHaHo interactive videos, and any other use of your HiHaHo interactive videos, does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person or company.
As a service provider, artist, animator, webdesigner, advertisement agency etcetera with a paid subscription to HiHaHo creating HiHaHo interactive videos for your clients for a fee, you shall have the right to embed any HiHaHo interactive videos you create through the use of the HiHaHo website, the HiHaHo software, and/or the HiHaHo services, and to make such HiHaHo interactive videos available on your client’s personal or company website, as applicable.
HiHaHo may, without prior notice, terminate or suspend service and/or access to all or any part of the HiHaHo website, or the HiHaHo service to users whom HiHaHo is certain have infringed upon the intellectual property rights of others.
Third Party Rights
You may not upload, post or link to the HiHaHo website or otherwise use in any way in connection with your use of the HiHaHo website, services or the HiHaHo software consisting of any text, video or audio recording, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your violation of this prohibition.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner’s permission.
Third Party Copyright Policy
HiHaHo is not responsible for breach of copyright laws should a user embed or link their HiHaHo interactive video for the purpose of using copyrighted videos or content. HiHaHo upholds copyright laws in their entirety and takes no responsibility, nor can be held liable, for any breach carried out by a user with third party software. It is each customer’s responsibility to uphold and respect their country’s copyright laws.
Termination of Use
Effect of Termination
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Upon any termination of your access to the HiHaHo website, the HiHaHo services and/or the HiHaHo software, HiHaHo will:
- cancel and close your User Account, and your User ID and password shall be deactivated;
- permanently delete your HiHaHo interactive videos and User Content.
Termination of your User Account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
In case of termination, HiHaHo may suspend your User Account at any time and for any length of time. While your User Account is suspended, you may not publish, link or embed any additional HiHaHo interactive videos. However, you may continue to access and use your User Account to access previously created and published HiHaHo interactive videos.
HiHaHo may transfer, sub-contract, or otherwise deal with the HiHaHo’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court, or other competent authority, to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
This website is controlled by HiHaHo, based in The Netherlands. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of The Netherlands, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in Dutch court. You hereby agree to personal jurisdiction this court, and waive any jurisdictional, venue, or inconvenient forum objections to this court.
HiHaHo account types are listed on the HiHaHo Pricing page on the site. The plan types, names, and listed prices change from time to time. When you purchase a plan from HiHaHo you agree to purchase the plan as listed at the time of purchase.
You agree to pay the then-current fee for the account type (e.g., Free, Pro or Premium) you have selected. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date of signing up. Fees charged for one account type may not be credited towards other account types. All currency references are in U.S. dollars and do not include sales tax (if applicable).
Payment for Subscription
For all non-free account types, payment occurs on a pre-pay basis and payment will be automatically renewed for the next term, at the end of each term. The amount you are to pay will depend upon which account type you choose. If you choose to cancel a recurring payment, you should cancel your account prior to the next billing term. If you decide not to purchase an additional month/year of service, your account will be suspended and you will have the option of converting to a HiHaHo FREE account type â€“ subject to the limitations of a FREE HiHaHo account.
To protect against potential fraud, HiHaHo and/or Chargebee and/or Stripe may take steps to verify the validity of the credit card information you provide us with. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. HiHaHo will only use this process to screen for fraud and will not otherwise debit your credit card account, except as part of a transaction conducted through your account for the HiHaHo website of HiHaHo service. By providing HiHaHo with your credit card information, you authorize HiHaHo to debit and credit your credit card account for an amount less than one dollar for such verification purposes.
Cancellation and Refund Policy
Please note, unless HiHaHo gives notice to the contrary, payment for subscriptions are non-refundable. If you cancel your reoccurring payment option, your account will remain active until it’s next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.
If your credit card is invalid for any reason, your paid HiHaHo account will revert to a HiHaHo FREE account and will be subject to the limitations of a FREE HiHaHo account; provided, however, that HiHaHo reserves the right to cancel your account entirely in such case. You will have the option of deleting any User Content from your account prior to its reversion to a HiHaHo FREE account.
UNLESS OTHERWISE EXPRESSED, HiHaHo EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HiHaHo.com is operated by HiHaHo, a tradename of Talking Telecom Technologies BV, Kloekhorststraat 29, 9401 BB Assen, The Netherlands (Europe), registration Number at the Dutch Chamber of Commerce : 32070611.
Assen, 9401 BB
The Netherlands (Europe)
Last revised: November 10, 2015
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