1. We May Discontinue or Suspend Our Site or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site (or any part thereof) and/or Services with or without notice. You agree that Hello Giggles shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Site and/or Services. In addition, we reserve the right to terminate your access to our Site for any reason, and to take any other actions that Hello Giggles, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
2. We Have All Rights In Our Site and Content; You Grant Us Certain Rights When You Submit Content to Us:
(a) Our Site (including all text, photographs, graphics, video and audio content contained on our Site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our Site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our Site.
(b) You retain all ownership of all intellectual property rights in the original content you post or submit on or to our Site. By posting or submitting content or making available for sale any Products on or to our Site (regardless of the form or medium with respect to such content and/or Products, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display and/or publish such content and offer such Products for sale on our Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, offer for sale such Products and to distribute such content and use such content and Products for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise in writing) we may, or may permit others to compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise in writing) you shall have no rights with respect thereto and we, our affiliates and/or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You understand that you will be exposed to content and may purchase Products from a variety of Hello Giggles users and that you rely on the content and purchase Products at your own risk. Hello Giggles does not prescreen content or Products and is not responsible for examining or evaluating any content or Products offered through the Hello Giggles Services, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the content or Products for sale has obtained all required rights to do so.
YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST HELLO GIGGLES WITH RESPECT TO ANY ACTIVITIES, CONTENT, PRODUCTS, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE HELLO GIGGLES SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY OF THE HELLO GIGGLES SERVICES’ USERS.
(d) You shall be solely responsible for your own submissions and/or Products offered for sale and the consequences of posting, selling or publishing them. In connection with each of your submissions of content and/or Products, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions and/or Products to enable inclusion, manufacture and use of such submissions and/or Products in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions and/or Products to use the name or likeness of each and every such identifiable individual person to enable inclusion and use and manufacture of such submissions and/or Products in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) 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 or sell the material as embodied in the Products and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements, solicitations of business or otherwise post content or sell Products that would constitute an endorsement of any product or service if you received any benefit in exchange for posting such content or selling such Product that might effect the credibility of such endorsement. We reserve the right to remove or not publish submissions or not sell Products without prior notice. (V) fail to deliver payment, services or Product for collaborations posted by you unless a clear typographical error is made or you cannot authenticate the recipient’s identity; (VI) interfere with another Hello Giggles user’s content or Products; (VII) circumvent or manipulate our fee structure, the billing process or fees owed to Hello Giggles; (VIII) transfer your Hello Giggles account and user identification to another party without our prior written consent; (IV) You understand that when you submit content in any form to Hello Giggles we may authorize such content to be distributed or syndicated to or published to other media environments.
3. We respect the intellectual property rights of others, and require that the people who use the Web Site, or the services or features made available on or through the Web Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
– Your address, telephone number, and email address;
– A description of the copyrighted work that you claim has been infringed;
– A description of where the alleged infringing material is located;
– 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;
– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
– A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Betsy Lutero – Time Inc., 225 Liberty Street, New York, NY 10281
Please Note: The Copyright Agent has no responsibility for and will not respond to Usage/Reprint permission requests or Subscriber/Customer Service inquiries.
For Usage and/or Reprint Permission Requests, please contact:
For Subscriber Inquiries (including Address Changes and Subscription Cancellations), or any other Customer Service issues, please contact:
Time Customer Service
3000 University Center Drive
Tampa, Florida 33612-6408
4. Your Use of Our Content is Restricted: (a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Site or any content or Products thereon, except as permitted under the last sentence of this Section 4(a). Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this Site or any content or Products thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our Site; accordingly, you may from time to time excerpt and use materials set forth on this Site consistent with the principles of “fair use”. (b) We are concerned about the integrity of our Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our Site. Neither you nor any third party shall make use of the contents of our Site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
5. We are an Internet Service Provider, e.g., We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Hello Giggles. Content or Products created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our Site, Hello Giggles is not undertaking any obligation or liability relating to the content or the Products. Hello Giggles and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Site for inappropriate or unlawful content. Hello Giggles and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content or Products thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Hello Giggles reserves the right to block or remove communications, postings, Products or materials at any time in our sole discretion.
6. Registration and Account Information: In order to make available content or Products through the Hello Giggles Services, whether for sale or not, you must create a Hello Giggles account. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person’s Hello Giggles account without permission from that user. You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether such activities are authorized, and for keeping your account password secure. You agree to notify Hello Giggles immediately of any breach of security or unauthorized use of your account. Although Hello Giggles will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hello Giggles or others due to such unauthorized use. We reserve the right to require you to alter your password if we believe your password is no longer secure. Hello Giggles reserves the right to refuse to provide you with an account or cancel your account in its sole discretion.
7. Account Information: You acknowledge and agree that Hello Giggles may access, retain and disclose your account information and your content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to a notice of copyright infringement; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Hello Giggles, its users or the public.
8. Fees and Services: When you sell a Product, or use one of the Hello Giggles Services for which we charge a fee, you will be charged the then-current applicable fee, which we may change in our sole discretion from time to time. We may also choose to temporarily change the fees for Hello Giggles Services for promotional events or new services. Changes to our fees are effective after we provide you with at least fourteen (14) days’ notice using the process set forth in the Notice provisions below. For information about our current fee structure and payment terms, please refer to the information available on the Site and made available through your account page once your identity has been verified.Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes, including any sales taxes, associated with your use of the Hello Giggles Services and sale of Products.
9. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless Hello Giggles and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
10. Your Use of Our Site is Subject to Certain Disclaimers: OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK. OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES
11. We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to our Site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
12. We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
13. Our Liability to You is Limited: Hello Giggles and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of our Site.
14. Any Dispute Between Us Will be Governed by California Law: These Terms and Conditions shall be governed by the laws of the United States and the State of California, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
15. Dispute Resolution
Certain portions of this Section 15 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Hello Giggles agree that we intend that this Section 15 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 15 can only be amended by mutual agreement.
A. First – Try To Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, or the content on the Site whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Hello Giggles’ actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 15.D), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 15.A. Your notice to us must be sent to: HelloGiggles Inc. 11766 Wilshire Blvd., 17th Floor, Los Angeles, CA 90025. For a period of sixty (60) days from the date of receipt of notice from the other party, Hello Giggles and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Hello Giggles to resolve the Dispute or Excluded Dispute on terms with respect to which you and Hello Giggles, in each of our sole discretion, are not comfortable.
B. Forums For Alternative Dispute Resolution
(i) Arbitration. If we cannot resolve a Dispute as set forth in Section 15.A within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section 15.B. If we cannot resolve an Excluded Dispute as set forth in Section 15.A within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and Hello Giggles consent, in a writing signed by you and an Officer or legal representative of Hello Giggles, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 15.B.
Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Hello Giggles elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and Hello Giggles do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 15.B(i), then this paragraph and the remainder of this Section 15.B will not apply to the Excluded Dispute.
If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Hello Giggles consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for a the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.
You can obtain AAA and JAMS procedures, rules, and fee information as follows:
AAA: 800.778.7879 JAMS: 949.224.1810
(ii) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Hello Giggles to pay a greater portion or all of such fees and costs in order for this Section 15 to be enforceable, then Hello Giggles will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act. C. Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 15.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED. D. Injunctive Relief. The foregoing provisions of this Section 15 will not apply to any legal action taken by Hello Giggles to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, Products, any Content, your User-Generated Content and/or Hello Giggles’s intellectual property rights (including such Hello Giggles may claim that may be in dispute), Hello Giggles’s operations, and/or Hello Giggles’s products or services. E. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 15.G. F. No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 15.B(i) holds that this restriction is unconscionable or unenforceable, then our agreement in Section 15.B to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 15.G. G. Federal and State Courts in Los Angeles. Except to the extent that arbitration is required in Section 15.B, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Los Angeles, CA. Accordingly, you and Hello Giggles consent to the exclusive personal jurisdiction and venue of such courts for such matters.