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Hero Network
Terms of Use

Terms of Use

Hero Network, Inc. ("HN") owns and operates heronetwork.com (the "Website") and has provided these Terms of Use for all users of the Website.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY USING AND/OR VISITING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ AND AGREED TO THESE TERMS OF USE AND OUR PRIVACY POLICY. DO NOT USE THE WEB SITE IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS.

IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OR VIEW THIS SITE. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, ANY CONTENT SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, IMAGES OR PHOTOGRAPHS (COLLECTIVELY, "CONTENT") THAT MAY BE AVAILABLE THROUGH THE WEBSITE AND ANY SERVICES THAT MAY BE PROVIDED THROUGH THE SITE (COLLECTIVELY, "SERVICES").

Using the Website

While using the Website, you will not:

Site Content

The Content and the trademarks, service marks and logos contained herein are owned by or licensed to HN, the owner of the Website, and are protected under the laws of the United States and other nations. You agree to be bound by the terms and conditions set forth under all trade and service marks, copyright, and hyperlinks in this Policy.

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 the respective owners. HN reserves all rights not expressly granted in and to the Website and the Content.

You may access the Content solely for your information and personal use through the normal functionality of the Website. User Content is made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner other than through the normal functionality of the Website.

You understand that when using the Website, you will be exposed to Content from a variety of sources, and that HN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to the User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HN with respect thereto, and agree to indemnify and hold the HN and its affiliates, subsidiaries, parents, directors, officers, employees, members, attorneys and licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Your Content

When you provide us with your User Content, you give us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights (but no other rights) that you have in the Content, in media known now or in the future.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with your User Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content that you submit to the Website to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms of Use.

HN does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and HN expressly disclaims any and all liability in connection with User Content. HN does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and HN will remove all Content if properly notified that such Content infringes on another's intellectual property rights. HN reserves the right to remove User Content in its sole discretion and without prior notice.

Unclaimed Funds

Hero Network will make every attempt to locate and contact the WISHER for "undeliverable" returned checks. It is the WISHERS responsibility to keep their mailing information accurate. WISHERS will have 90 days to claim their returned checks. After which time all funds will become property of Hero Network. Contact us at info@heronetwork.com.

Canceling Lost Funds

Wishers who requests to have a check cancelled and reissued, a bank service charge (current rate) will be deducted from the total wish amount. Hero Network is not responsible for lost checks, whether due to incorrect address entered into account or by postal error.

Third Party Sites

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of HN, and you acknowledge that HN is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by HN or any association with its operators.

HN may provide links on the Website to other websites which are not under the control of HN. These links are provided for convenience of reference only and are not intended as an endorsement by HN of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

Account Termination

HN reserves the right to terminate your access to the Website if you violate these Terms of Use, the Privacy Policy or any other policies and procedures.

HN reserves the right to decide whether any Content is acceptable and complies with these Terms of Use. Possible grounds for removal of Content include, without limitation, any Content which HN, in its sole discretion, considers to be pornographic, obscene, defamatory, objectionable or of excessive length. HN may remove any such Content and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

Closing of Account

After a wisher closes their account, without first properly accepting or declining offers, the remaining funds will become property of Hero Network.

Copyright &Trademark Claims

If you are the owner of a copyright or trademark and believe that any Content on the Website infringes upon your intellectual property, you may submit a written notification to us at info@heronetwork.com with the following information. Failure to provide all of the required information will render us unable to process your claim or take any action with respect thereto.

For Trademark Claims

Upon receipt of all of the information listed above, HN will initiate an investigation. While WUHA is investigating the claim, HN, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material from the Website, forward the complaining party’s written notification to the posting party, and/or temporarily remove the challenged material.

For Copyright Claims

Upon receipt of all of the information listed above, HN will remove or disable access to the material that is claimed to be infringing. If HN has sufficient information to enable it to do so, HN will take reasonable steps promptly to notify the alleged infringer that it has removed or disabled access to the material.

Counter Notification Policy

If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing info@heronetwork.com and including the following:

Upon receipt of a Counter Notification as described above, HN shall promptly provide the complaining party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. HN will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless HN first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on HN's system or network.

Repeat Infringers

It is our policy to provide for the termination, in appropriate circumstances, of users of our Website who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.

Warranty Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT AND SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. HN MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF THE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

HN DOES NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. HN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, RELIANCE UPON OR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 WEBSITE.

HN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR ASSISTANCE OF ANY KIND ADVERTISED, OFFERED OR GRANTED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, PERSONS GRANTING A WISH. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION AT ALL TIMES.

Limitation of Liability

IN NO EVENT SHALL HN, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, FEES, FINES OR PENALTIES. LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY WHATSOEVER FROM THE USE OF, OR INABILITY TO USE, THIS SITE, OR SITES ACCESSED THROUGH THIS WEBSITE, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF HN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING IT.

YOU SPECIFICALLY ACKNOWLEDGE THAT HN 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 FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless HN, its parents, affiliates, subsidiaries, officers, directors, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees and costs of litigation) arising from, out of or related to: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any User Content that you submitted caused damage to a third party or to HN or the Website. This defense and indemnification obligation will survive these Terms of Use and your use of the Website indefinitely.

Ability to Accept Terms of Use

You affirm that you are either more than 13 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under 13 years of age, a parent or legal guardian must register an account for you. Hero Network is a peer-to-peer social helping website and we require that children under the age of 13 to not use the site without adult supervision.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HN without restriction.

Accessing the Website from Outside the United States

HN makes no representation that materials on this site are appropriate or available for use in locations outside the United States of America, and accessing them from other countries and territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America generally, and the State of New Jersey in particular, excluding their respective conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or in any way related to your use of the Website shall be filed only in the state or federal courts having jurisdiction in and for Camden County, New Jersey, and you further agree and submit to the exclusive of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action to enforce these Terms of Use, HN shall be entitled to court costs and attorneys fees.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and HN with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and HN with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

HN reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice. Upon receipt of reliable information indicating that a member is under the age of 13 or has been convicted of any sexual crime, any federal felony, any crime involving use or possession of child pornography or any hate crime, HN will terminate the person's membership without warning or explanation.

Revision

HN reserves the right to modify or amend these Terms of Use at any time, without any notice to you other than posting the modified or amended Terms of Use on the Website. Any such modification or amendment shall become effective immediately after posting on the Website, unless otherwise stated in the posting.

Link Your Account

To use the social features of Hero Network you need to link your account to your Facebook account. When you link your Hero Network account to Facebook you will be able to share wishes with your Facebook friends.
Hero Network will never post to Facebook without your permission and none of your Facebook information is shown in your Hero Network profile.

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