Terms of Submission
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content
and functionality available through the HarmersInternational.com, the "Harmers
International, Inc. Website", or "Website"), you signify your agreement to:
(a) these terms and conditions (the
"Terms of Service"),
(b) Our
privacy
notice, found at
www.harmersinternational.com/privacy
and incorporated here by reference.
If you do not agree to any of these
terms, please do not use the Harmers
International, Inc. Website.
B. Although we
may attempt to notify you when major
changes are made to these Terms of
Submission, you should periodically
review the most up-to-date version
http://www.harmersinternational.com/submissionterms).
Harmers International, Inc.
may,
in its sole discretion, modify or
revise these Terms of Submission and
policies at any time, and you agree
to be bound by such modifications or
revisions. Nothing in this Agreement
shall be deemed to confer any
third-party rights or benefits.
2. Harmers International, Inc. Website
A. These Terms
of Submission apply to all users of
the Harmers International, Inc.
Website,
including users who are also do not
contribute content, information, and
other materials or services on the
Website. The Harmers International,
Inc.
Website includes all aspects
of Harmers International, Inc.,
including but not limited to all
products, software and services
offered via the website.
B. The Harmers
International, Inc. Website
may contain links to third party
websites that are not owned or
controlled by Harmers International,
Inc.. Harmers International, Inc.
has
no control over, and assumes no
responsibility for, the content,
privacy policies, or practices of
any third party websites. In
addition, Harmers International,
Inc. will not and cannot censor or
edit the content of any third-party
site. By using the Website, you
expressly relieve Harmers
International, Inc.
from
any and all liability arising from
your use of any third-party website.
C. Accordingly,
we encourage you to be aware when
you leave the Harmers International,
Inc.
Website and to read the
terms and conditions and privacy
policy of each other website that
you visit.
3. General Use of the Website—Permissions and Restrictions
Harmers
International, Inc.
hereby
grants you permission to access and
use the Website as set forth in
these Terms of Service, provided
that:
A. You agree
not to distribute in any medium any
part of the Website, including but
not limited to Client Submissions
(defined below), without Harmers
International, Inc. 's prior written
authorization.
B. You agree
not to alter or modify any part of
the Website.
C. You agree
not to access Client Submissions
(defined below) or Harmers
International, Inc.
Content
through any technology or means
other than the video playback pages
of the Website.
D. You agree
not to use the Website for any
commercial use, without the prior
written authorization of Harmers
International, Inc.
Prohibited
commercial uses include any of the
following actions taken without
Harmers International, Inc. 's
express approval:
a. sale
of access to the Website or its
related services on another website;
b. use of the Website or its related
for the primary purpose of gaining
advertising or subscription revenue;
c. the sale of advertising, on the
Harmers International, Inc. website
or any third-party website, targeted
to the content of specific Client
Submissions or Harmers
International, Inc. content;
d. and any use of the Website or its
related that Harmers International,
Inc.
finds, in its sole
discretion, to use Harmers
International, Inc. 's resources or
Client Submissions with the effect
of competing with or displacing the
market for Harmers International,
Inc., Harmers International, Inc.
content,
or its Client Submissions.
E. Prohibited
commercial uses do not include:
a. Clients who use their own
submissions on their own website or
for their own purposes.
b. any use that Harmers
International, Inc.
expressly
authorizes in writing.
F. You agree
not to use or launch any automated
system, including without
limitation, "robots," "spiders," or
"offline readers," that accesses the
Website in a manner that sends more
request messages to the Harmers
International, Inc.
servers
in a given period of time than a
human can reasonably produce in the
same period by using a conventional
on-line web browser. Notwithstanding
the foregoing,
Harmers
International, Inc.
grants
the operators of public search
engines permission to use spiders to
copy materials from the site for the
sole purpose of and solely to the
extent necessary for creating
publicly available searchable
indices of the materials, but not
caches or archives of such
materials. Harmers International,
Inc.
reserves the right to revoke
these exceptions either generally or
in specific cases. You agree not to
collect or harvest any personally
identifiable information, including
Client
names,
from the Website, nor to use the
communication systems provided by
the Website (e.g. comments, email)
for any commercial solicitation
purposes. You agree not to solicit,
for commercial purposes, any users
of the Website with respect to their
Client Submissions.
G.. In your use
of the website, you will otherwise
comply with the terms and conditions
of these Terms of Submission other
guidelines, and all applicable
local, national, and international
laws and regulations.
H. Harmers
International, Inc.
reserves
the right to discontinue any aspect
of the Harmers International, Inc.
Website(s)
at any time.
4. Your Use of Content on the Site
In addition to
the general restrictions above, the
following restrictions and
conditions apply specifically to
your use of content on the Harmers
International, Inc. Website.
A. The content
on the Harmers International, Inc.
Website, except all Client
Submissions (as defined below),
including without limitation, the
text, software, scripts, graphics,
photos, sounds, music, videos,
interactive features and the like
("Content") and the trademarks,
service marks and logos contained
therein ("Marks"), are owned by or
licensed to Harmers International,
Inc., subject to copyright and other
intellectual property rights under
the law. Content on the Website is
provided to you AS IS for your
information and personal use only
and may not be downloaded, copied,
reproduced, distributed,
transmitted, broadcast, displayed,
sold, licensed, or otherwise
exploited for any other purposes
whatsoever without the prior written
consent of Harmers International,
Inc. and if necessary the respective
owners. Harmers International, Inc.
reserves all rights not expressly
granted in and to the Website and
the Content.
B. You may
access Client Submissions for your
information and personal use solely
as intended through the provided
functionality of the Harmers
International, Inc. Website. You
shall not copy or download any
Client Submission unless you see a
“download” or similar link displayed
by Harmers International, Inc. on
the Harmers International, Inc.
Website
for that User Submission.
C. You may
access Harmers International, Inc.
Content,
User Submissions and other content
only as permitted under this
Agreement. Harmers International,
Inc.
reserves all rights not
expressly granted in and to the
Harmers International, Inc.
Content
and the Harmers International, Inc.
Website.
D. You agree to
not engage in the use, copying, or
distribution of any of the Content
other than expressly permitted
herein, including any use, copying,
or distribution of Client
Submissions of third parties
obtained through the Website for any
commercial purposes.
E. You agree
not to circumvent, disable or
otherwise interfere with
security-related features of the
Harmers International, Inc.
Website
or features that prevent or restrict
use or copying of any Content or
enforce limitations on use of the
Harmers International, Inc.
Website
or the Content therein.
F. You
understand that when using the
Harmers International, Inc.
Website,
you will be exposed to Client
Submissions from a variety of
sources, and that Harmers
International, Inc.
is
not responsible for the accuracy,
usefulness, safety, or intellectual
property rights of or relating to
such Client Submissions. You further
understand and acknowledge that you
may be exposed to Client Submissions
that are inaccurate, or
objectionable, and you agree to
waive, and hereby do waive, any
legal or equitable rights or
remedies you have or may have
against Harmers International, Inc.
with
respect thereto, and agree to
indemnify and hold Harmers
International, Inc., its
Owners/Operators, affiliates, and/or
licensors, harmless to the fullest
extent allowed by law regarding all
matters related to your use of the
site.
5. Client Submissions and Conduct
A. As a Harmers
International, Inc. Submitter you
may submit content ("Presentations")
or draft content ("Draft Content").
User Videos and User Comments are
collectively referred to as "Client
Submissions." You understand that
whether or not such Client
Submissions are published, Harmers
International, Inc. does not
guarantee any confidentiality with
respect to any Client
Submissions.
B. You shall be
solely responsible for your own
Client Submissions and the
consequences of posting or
publishing them. In connection with
Client Submissions, you affirm,
represent, and/or warrant that: you
own or have the necessary licenses,
rights, consents, and permissions to
use and authorize Harmers
International, Inc.
to
use all patent, trademark, trade
secret, copyright or other
proprietary rights in and to any and
all User Submissions to enable
inclusion and use of the Client
Submissions in the manner
contemplated by the Website and
these Terms of Submission.
C. For clarity,
you retain all of your ownership
rights in your Client Submissions.
However, by submitting Client
Submissions to Harmers
International, Inc., you hereby
grant Harmers International, Inc.
a
worldwide, non-exclusive,
royalty-free, sub-licenseable and
transferable license to use,
reproduce, distribute, prepare
derivative works of, display, and
perform the User Submissions in
connection with the Harmers
International, Inc.
Website
and Harmers International, Inc. 's
(and its successors' and
affiliates') business, including
without limitation for promoting and
redistributing part or all of the
Harmers International, Inc.
Website
(and derivative works thereof) in
any media formats and through any
media channels. You also hereby
grant each user of the Harmers
International, Inc.
Website
a non-exclusive license to access
your Client Submissions through the
Website, and to use, reproduce,
distribute, display and perform such
Client Submissions as permitted
through the functionality of the
Website and under these Terms of
Submission The above licenses
granted by you in Client Submission
within a commercially reasonable
time after you request us to remove
your Client Submission from the
Harmers International, Inc.
Website.
You understand and agree, however,
that Harmers International, Inc.
may
retain, but not display, distribute,
or perform, server copies of Client
Submissions that have been removed
or deleted.
D. In
connection with Client Submissions,
you further agree that you will not
submit material that is copyrighted,
protected by trade secret or
otherwise subject to third party
proprietary rights, including
privacy and publicity rights, unless
you are the owner of such rights or
have permission from their rightful
owner to post the material and to
grant Harmers International, Inc. all
of the license rights granted
herein.
E. You further
agree that you will not, in
connection with Client Submissions,
submit material that is contrary to
the Harmers International, Inc.
Guidelines, found below.
F. Harmers
International. Inc. does not endorse
any ClientSubmission or any opinion,
recommendation, or advice expressed
therein, and Harmers International.
Inc.
expressly disclaims any and
all liability in connection with
Client Submissions. Harmers
International. Inc. does not permit
copyright infringing activities and
infringement of intellectual
property rights on its Website, and
Harmers International. Inc.
will
remove all Client Submissions if
properly notified that such Content
or Client Submission infringes on
another's intellectual property
rights. Harmers International. Inc.
reserves the right to remove Content
and Client Submissions without prior
notice.
.
6. User Submissions
A. Harmers
International. Inc. has the right to
refuse and User Submission.
B. Harmers
International. Inc. reserves the
right to decide whether Content or a
Client Submission is appropriate and
complies with these Terms of
Submission for violations other than
copyright infringement, such as, but
not limited to, pornography, obscene
or defamatory material, or excessive
length. Harmers International. Inc.
may
remove such Client Submissions
without prior notice and at its sole
discretion.
7. Warranty Disclaimer
You agree that your use of the
Harmers International, Inc. website
shall be at your sole risk to the
fullest extent permitted by law,
Harmers International, Inc its
officers, directors, employees and
agents disclaim al warranties,
express or implies, in connection
with the website and your use
thereof.
Harmers International, Inc
makes no warranties or
representations about the accuracy
of completeness of this site’s
content or the content of any site
linked to this and assumes no
liability or responsibility for any:
( a) errors, mistakes, or
inaccuracies or content,
(b) personal injury or property
damage, of any nature whatsoever,
injury to property damage, of any
nature whatsoever, resulting from
your access to or use of our
website,
(c). Any unauthorized access to or
use of our secure servers and/or any
and all personal information and /or
financial information stored
therein.
(d) Any interruption of cessation of
transmission to or from our website.
(e) any bugs, viruses Trojan horse
or the like which may be transmitted
to or through our website by any
third party and/or
(f) any errors or omissions in any
content or for 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 Harmers
International, Inc website.
Harmers International, Inc
does not warrant, endorse,
guarantee or assume responsibility
for any product or service
advertised or offered by a third
party through the Harmers
International, Inc, website or any
hyperlinked website or feature in
any banner or other advertising, and
Harmers International, Inc
will not be a party to or in
any way be responsible for
monitoring any transaction between
you and third-party providers of
product or survives as with the
purchase of product or service
through any medium or in any
environment, you should use your
best judgment and exercises caution
where appropriate.
8. Limitation of Liability
In no event shall Harmers
International, Inc
its
officers, directors, employees or
agents, be liable to you for any,
direct, indirect, incidental,
special, punitive or consequential
damages whatsoever resulting from
any
(a) errors, mistakes or inaccuracy
of content.
(b) personal injury
or property damage, of any
nature whatsoever resulting from
your access to and or use of our
website.
(c) any unauthorized access to or
use of our secure servers and or any
and all personal information stored
therein.
(
d) any interruption or
cessation of transmitting to and
from our website e) any bugs,
viruses, Trojan horses or the like
that may be transmitted to or from
our website,
(e) any bugs, viruses, Trojan horses
or the like that may be transmitted
to or through our website by any
third party, and/ or
(f) any errors or omissions in any
content or for any loss or damage of
any kind incurred ad a result of
your use of any content posted
emailed, transmitted, or otherwise
made available via the Harmers
International, Inc website whether
based on currently, contract, tort
or any other legal theory, and
whether or not the company is
advised of the
possibility
of such damages.
The forgoing limitation of
liability shall apply to the fullest
extent permitted by law in the
jurisdiction of
New York.
You
specifically acknowledge that
Harmers International, Inc. shall
not be liable for user submissions
or the defamatory, offensive or
illegal conduct of any third party
and that the risk of harm or damage
from the forgoing rests entirely
with you.
9. Indemnity
You agree to defend, indemnify and
hold harmless Harmers International,
Inc its parent corporation,
officers, directors, employees and
agents, from and against any and all
claims, damages, obligations,
losses, liabilities, costs or debt,
and expenses (including but not
limited to attorney's fees) arising
from:
(a) your use of and access to the
Harmers International, Inc Website;
(b) your violation of any term of
these Terms of Submission;
(c) your violation of any third
party right, including without
limitation any copyright, property,
or privacy right; or
(d) any claim that one of your User
Submissions caused damage to a third
party. This defense and
indemnification obligation will
survive these Terms of Submission
and your use of the Harmers
International, Inc Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Submission, and to abide by and comply with these Terms of Submission. In any case, you affirm that you are over the age of 13, as the Harmers International, Inc Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Harmers International, Inc Website. Please speak with your parents before using the Harmers International, Inc website.
11. Assignment
These Terms of Submission, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Harmers International, Inc without restriction.
12. General
You agree that:
(a) the Harmers International, Inc Website shall be deemed solely based in New York State and
(b) the Harmers International, Inc Website shall be deemed a passive website that does not give rise to personal jurisdiction over Harmers International, Inc, either specific or general, in jurisdictions other than New York. These Terms of Submission shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Harmers International, Inc that arises in whole or in part from your use of the Harmers International, Inc Website shall be decided exclusively by a court of competent jurisdiction located in Santa Westchester County, New York These Terms of Submission, together with the Privacy Notice at:
http://www.harmersinternational.com/privacy and the Conditions of Sale as applicable,
http://www.harmersinternational.com/ConditionsofSale and any other legal notices published by Harmers International, Inc on the Website, shall constitute the entire agreement between you and Harmers International, Inc concerning the Harmers International, Inc Website. If any provision of these Terms of Submission is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Submission, which shall remain in full force and effect. No waiver of any term of this these Terms of Submission shall be deemed a further or continuing waiver of such term or any other term, and Harmers International, Inc 's failure to assert any right or provision under these Terms of Submission shall not constitute a waiver of such right or provision. Harmers International, Inc reserves the right to amend these Terms of Submission at any time and without notice, and it is your responsibility to review these Terms of Submission for any changes. Your use of the Harmers International, Inc Website following any amendment of these Terms of Submission will signify your assent to and acceptance of its revised terms. YOU AND HARMERS INTERNATIONAL, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HARMERS INTERNATIONAL, INC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. Prohibited Presentations
Presentations should be tasteful and be informative other philatelists.
Presentations containing the following will be restricted or prohibited:
- Presentations containing Copyright protected Material unless accompanied by permission
- Presentations that violate the Privacy of other
individuals . Make certain if the images of any individuals are included in you presentation, that you have the permission of the individuals.
- Presentations that would be considered Harassment of other organizations or individuals.
- Presentations that contain Sex or Nudity will not be allowed.
- Presentations that would be considered Hate Speech
Presentation containing Shocking and Disgusting images
Presentations that include actual depictions Illegal Acts
