At HayJan, we expect that our customer service team will be able to resolve most issues you may have using the our Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and HayJan agree to the following resolution process.
Because we prefer to resolve our issues with you directly, you agree to arbitrate with HayJan only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
The arbitration hearings will be binding and final in Los Angeles County, California.
If you’re not sure what all of this means, of course please feel free to ask an attorney.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with HayJan for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by e-mail to us at: [email protected]
Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and HayJan agree on the process described in this Section.
We will process each notice of alleged infringement that HayJan receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to HayJan at [email protected] subject line: “Copyright”).
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the HayJan Services that is reasonably sufficient to enable HayJan to identify and locate the material; (iv) how HayJan can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to [email protected] for purposes other than communication about copyright infringement may not be answered.
HayJan has a policy of terminatingrepeat infringers in appropriate circumstances.
IN NO EVENT SHALL HayJan OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “HayJan PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE HayJan SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE HayJan PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE HayJan SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HayJan PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE HayJan SERVICES (INCLUDING YOUR USE OF THE CONTENT). HayJan RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Your License. HayJan is pleased to grant you a non-exclusive limited license to use the HayJan Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by HayJan in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by HayJan in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by HayJan. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by HayJan in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Embedding a Video Using the Video Player. Where HayJan has incorporated an embed option in connection with Content on the HayJan Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to HayJan (in HayJan’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. HayJan reserves the right to prevent embedding to any website or other location that HayJan finds inappropriate or objectionable (as determined by HayJan in its sole discretion).
Ownership. You agree that HayJan owns and retains all rights to the HayJan Services. The HayJan Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the HayJan Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the HayJan Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the HayJan Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the HayJan Site or use the HayJan Services in a way that:
violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to the HayJan Services (including the Content) that is not authorized by HayJan (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the HayJan Services);
involves accessing the HayJan Services (including the Content)through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the HayJan Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
damages, disables, overburdens, impairs, or gains unauthorized access to the HayJan Services, including HayJan’s servers, computer network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the HayJan Services (including the Content);
uses the HayJan Services to advertise or promote services that are not expressly approved in advance in writing by HayJan;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
violates these Terms or any guidelines or policies posted by HayJan ;
interferes with any other party’s use and enjoyment of the HayJan Services; or
attempts to do any of the foregoing.
If HayJans determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the HayJan Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the HayJan Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the HayJan Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post or otherwise send spam, advertising, or other unsolicited communications of any kind through the HayJan Services, you acknowledge that you will have caused substantial harm to HayJan and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay HayJan $50 for each such unsolicited communication you send through the HayJan Services.
Downloads. In order to participate in certain HayJan Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the HayJan Services (including the Content and the devices through which the HayJan Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that HayJan may do so in HayJan’s sole discretion. You also agree that HayJan will not be liable to you for any modification, suspension, or discontinuance of the HayJan Services.
Internet Access Charges. You are responsible for any costs you incur to access the Internet.
Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by visiting our customer service web page at HayJan.com/4/contact-us.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any HayJan representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us contact us form as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the HayJan Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above); or (ii) improperly claims the identity of another person. Please note that we use your first and last name as your user ID and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant HayJan the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. HayJan will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that HayJan does not guarantee any confidentiality with respect to any User Material.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. HayJan does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of HayJan. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does HayJan assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against HayJan with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a “report” feature through the HayJan Services is not available for a specific instance of inappropriate User Material, please email [email protected] (subject line: “Inappropriate User Material”).
HayJan is not responsible for the content or practices of any website or destination other than the HayJan Site, even if it links to the HayJan Site and even if the website or destination is operated by a company affiliated or otherwise connected with HayJan. By using the HayJan Services, you acknowledge and agree that HayJan is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the HayJan Site.
Advertisements. HayJan takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the HayJan Services are between you and the advertiser, and you agree that HayJan is not liable for any loss or claim that you may have against an advertiser.