You acknowledge and agree that, by accessing or using the Services or by uploading or posting any User Content (as defined below) to the Services, you, your heirs, and assigns (collectively, “you”) are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Services.
We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Services. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.
- ELIGIBILITY AND SCOPE
1.1 Eligibility. To use the Services you must be, and represent and warrant that you are, of legal age and competence. By using the Services on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes that third party’s acceptance of these Terms. If you have been previously prohibited from accessing the Services by Heels and Tech, you are not permitted to access the Services.
1.2 Use Outside the United States of America. The Services are controlled and offered by Heels and Tech from the United States of America. Heels and Tech makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law.
- ACCOUNT REGISTRATION; ACCOUNT USE
2.1 Account Registration and Confidentiality. If you create an account to use any of the Services, during the registration process, you must select a username and password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your user name. We may assume that any communications we receive under your account have been made by you.
2.2 Unauthorized Account Use. You agree to notify Heels and Tech immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Heels and Tech or a third party due to someone else using your account.
2.3 No Obligation to Retain a Record of Your Account. Heels and Tech has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
2.4 Heels and Tech Badges. In using the Services, you may have the opportunity to receive “badges” or “awards” for completing certain tasks or fulfilling certain requirements. You acknowledge that Heels and Tech has the right to award or revoke badges at any time with or without notice in its sole discretion, and to change its policies and procedures with respect to awarding badges. You acknowledge and agree that badges have no monetary value and cannot be traded or sold for any purposes.
- OUR PROPRIETARY RIGHTS
3.1 Intellectual Property Rights. The Services are owned and operated by Heels and Tech and contain material which is derived in whole or in part from material supplied by Heels and Tech and its partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Heels and Tech and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Heels and Tech and such others. You agree to protect the proprietary rights of Heels and Tech and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by Heels and Tech or its suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify Heels and Tech immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and Heels and Tech, at all times be and remain the sole and exclusive property of Heels and Tech.
3.2 Use of Marks. You may not use any of Heels and Tech’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Heels and Tech’s consent, and you acknowledge that you have no ownership rights in or to any such items.