NEW HUE MEDIA, INC. TERM AGREEMENT
New Hue Media is a website that offers optional business listings for a monthly or yearly fee (“Listings”).
We may change the terms or conditions applicable to the listings from time to time. Any new or renewed listings will be subject to the terms and conditions active at that time and displayed when you sign up for the listings. We may also make such changes with respect to current listings. In that case, we will provide you with a notice by email of the changes and when those changes take effect. We will also offer you the ability to cancel your listings.
Proper Classification
We reserve the right to reclassify or unpublish an event or directory listing that is misclassified and/or does not meet our guidelines, at our discretion. If a business listing is added to our event calendar and does not meet our event calendar guidelines and should properly be listed in our directory, we reserve the right to move the listing to our directory and switch the subscription payments to a monthly directory subscription. We will notify the subscriber by email and you will have 30 days to cancel the subscription before any further payments are charged.
Automatic Renewal
For convenience and in order to eliminate the possibility of a gap in listing promotion, BY DEFAULT, YOUR LISTING WILL AUTOMATICALLY RENEW AND THE APPLICABLE SUBSCRIPTION FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL. For annual subscriptions you will receive a notification of renewal seven days prior to renewal. Monthly subscriptions will receive an email receipt after each monthly payment is successfully completed.
Cancellation
You can cancel your subscription at any time by logging into your profile page. If you cancel your subscription the listing will remain on the site until the end of the contract period. Any remaining time in the subscription period will not be prorated or refunded. Your listing may remain on the site in a reduced capacity as a free listing at our discretion after your contract period has ended.
Responsibility for Your Content
You alone are responsible for your listing content, and once published, it cannot always be withdrawn. You assume all risks associated with your content, including anyone’s reliance on its quality, accuracy or reliability. You represent that you own or have the necessary permissions to use and authorize the use of your content as described herein. You may not imply that your content is in any way sponsored or endorsed by New Hue Media.
You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Right to Use Your Content
We may use your content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your content for any purpose. Please note that you also irrevocably grant the users of the site and any Other Media the right to access your content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against New Hue Media Inc and its users any claims and assertions of moral rights or attribution with respect to your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your Content.
Indemnity
You agree to indemnify, defend and hold New Hue Media Inc harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. New Hue Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of New Hue Media. New Hue Media will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Other Limitations
Listings subscriptions cannot be transferred. All listings are subject to New Hue Medias’ discretion. New Hue Media reserves the right to accept, refuse or cancel your listing at any time in its sole discretion. If New Hue Media cancels your listing, you will not receive a refund of your subscription fees.
Only the responsible party for the business or authorizing agent will sign and agree to business terms of service. If anyone or entity signs on behalf of said company using said email address, New Hue Media is not held liable. By signing, you agree that you are the only person with access to this email address and or are an authorized user.
