Capitalized terms used within these Terms that are not defined herein shall have the meanings and references provided to them in their respective Agreements.
The Services may permit You to send messages (including email) to a Third-Party Source or to the Users (“Messages”). You are solely responsible for the messages you send and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, services of third-party service providers to facilitate the sending of Messages to your designated recipients). You guarantee that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and hereby grant the foregoing license to us. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section 10 (User Submissions) below shall also apply to Messages that you send via the Services.
In case of breach or any claims, actions, demands, damages, liabilities, obligations, costs, suits or proceedings (“Actions”) actually paid, suffered or incurred by us due to the breach of these Terms, any act or omission, misuse, abuse of our Services and its access, fraudulent acts, wilful misconduct of the Customer and or Your Users alleging or arising from (i) the use of Customer/ User Content or other material You and or Your Users provided on the Platform; (ii) misuse by You and or Your Users of any Hubilo Content; or (iii) breach of these Terms by You or Your Users; or (iv) any loss or deletion of Hubilo/ Customer/ User Content that may occur through the use or misuse of the Platform by You or Your User; You agree to defend, indemnify, and hold harmless Hubilo, Our Entities, and their respective officers, directors, employees, affiliates and agents, from and against any such Actions including without limitation reasonable legal and accounting fees and expenses. We shall provide notice to You promptly of any such Actions.
You represent that you are not, and will not make the Services available to, the resident of any embargoed country or a prohibited person under any export control or anti-terrorism law, regulation or list. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Services, nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
HIS PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUBILO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, RESULTS, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND ANY WARRANTIES OR CONDITIONS ARISING FROM ANY ACTUAL OR ALLEGED COURSE OF DEALING, USAGE OR TRADE PRACTICE. HUBILO EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE PLATFORM, ANY FEATURES AND/ OR SERVICES AND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE PLATFORM/ SERVICES, OR THE QUALITY OR CONSISTENCY OF THE SERVICES OR RESULTS OBTAINED OR DATA DERIVED THROUGH ITS USE..
This ToS, Master Subscription Agreement and any other legal notices published by us in connection with the Services, shall constitute the entire agreement between You and Hubilo concerning the Services. If any provision of this ToS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this ToS, which shall remain in full force and effect. No waiver of any term of this ToS shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this ToS shall not constitute a waiver of such right or provision.
LAST UPDATED : FEBRUARY 2021