Terms of Service
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by H5mag, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a H5mag.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Your H5mag.com Account and Website. If you create a publication on H5mag.com, you are responsible for maintaining the security of your account and publication, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the publication. You must immediately notify H5mag of any unauthorized uses of your publication, your account, or any other breaches of security. H5mag will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a publication, post material to H5mag.com, post links on H5mag.com, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. You agree not to post Content that: (i) may create a risk of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, to any animal or to any property, (ii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise may constitute or contribute to a crime or tort, (iii) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable, (iv) contain software or other material that violates or invades the intellectual property rights (or rights of privacy or publicity) of any third party, (v) includes any information or content to which you have not obtained any necessary rights or permissions to use accordingly or to make available under any law or under contractual or fiduciary relationships (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets), (vii) contains any information or content that you know is not correct and current, or (viii) contains pornographic content or content that depicts violence or illegal activity. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using H5mag.com, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to H5mag for inclusion on your website, you grant H5mag a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your publication. If you delete Content, H5mag will use reasonable efforts to remove it from H5mag.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, H5mag has the right (though not the obligation) to, in H5mag's sole discretion, (i) reclaim your username or publication's URL due to prolonged inactivity, (ii) refuse or remove any content that, in H5mag's reasonable opinion, violates any H5mag policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of H5mag.com to any individual or entity for any reason. H5mag will have no obligation to provide a refund of any amounts previously paid.
- HTTPS. We offer free HTTPS on all H5mag publications by default. When using a custom domain name, we offer SSL using Let’s Encrypt. By signing up and using a custom domain on H5mag.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your H5mag publication.
- Attribution. H5mag reserves the right to display attribution text, images or links in your publication navigation bar, attributing H5mag.com, for example. The navigation bar may not be altered or removed. Attribution text, images or links may only be hidden if you are subscribed to H5mag.com Enterprise.
- License Grant. If you purchased a Service or enrolled in a Free Trial, H5mag grants to you, and you accept, the non-assignable, nontransferable, non-sublicensable, and nonexclusive right to access and use the applicable Service only as authorized in these Terms of Service and related documentation for (i) the duration of the applicable subscription term or Free Trial period, as applicable; (ii) for the number of licenses purchased; and (iii) only for that number of seat(s) (each a, "Seat"), as applicable. "Seats" mean the number of User accounts for the Software that you're authorized to create. Only one User can use a Seat at a time. Multiple Users aren't allowed to use the same Seat. A "User" is a single person or machine account that initiates the execution of the Software and/or interacts with or directs the Software in the performance of its functions. The number of Users shouldn't exceed the number of Seats you've licensed from us. Additional rights and restrictions, if any, may apply to Services ordered via a written quote provided by H5mag Sales (“Order Form”), and in such cases, the terms of the Order Form and/or supporting agreements will govern where conflicts exist between these Terms of Service and the Order Form or supporting agreements.
- Payment and Renewal.
- General Terms. Optional paid services such as H5mag Professional, extra projects, extra Seats and extra bandwidth are available (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay H5mag the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic Renewal. Unless you notify H5mag before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by contacting us.
2. Responsibility of Visitors.
H5mag has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, H5mag does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. H5mag disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which H5mag.com links, and that link to H5mag.com. H5mag does not have any control over those non-H5mag.com websites, and is not responsible for their contents or their use. By linking to a non-H5mag.com website, H5mag does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. H5mag disclaims any responsibility for any harm resulting from your use of non-H5mag.com websites and webpages.
4. Copyright Infringement and DMCA Policy.
As H5mag asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by H5mag.com violates your copyright, you are encouraged to notify H5mag. H5mag will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. H5mag will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of H5mag or others. In the case of such termination, H5mag will have no obligation to provide a refund of any amounts previously paid to H5mag.
5. Intellectual Property.
This Agreement does not transfer from H5mag to you any H5mag or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with H5mag. H5mag, H5mag.com, the H5mag.com logo, and all other trademarks, service marks, graphics and logos used in connection with H5mag.com or our Services, are trademarks or registered trademarks of H5mag or H5mag's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any H5mag or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
H5mag may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your H5mag.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
Our Services are provided "as is." H5mag and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither H5mag nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. Limitation of Liability.
In no event will H5mag, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to H5mag under this agreement during the twelve (12) month period prior to the cause of action. H5mag shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty.
You agree to indemnify and hold harmless H5mag, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between H5mag and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of H5mag, or by the posting by H5mag of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the Netherlands, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the court located in Den Haag, The Netherlands. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded from this Agreement. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; H5mag may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These Terms of Service apply to the H5mag Software and Platform, as specified in the first paragraph. When you have received a custom quote/proposal from us and we are performing contracting services (hourly/fixed price projects), please additionally refer to the Terms and Conditions that are included in that quote/proposal.