Terms of Service

Last Updated: December 10, 2022.

These Terms of Service (“Terms”, “Service”, “Terms and Conditions”) govern your relationship with https://hueyify.com website (the “Service”) operated by Hueyify® (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, then DO NOT use the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, partners and others who access or use the Service.

In addition, Hueyify® is behind the brand names for snapWONDERS™, Hueyify®, and brownSignWONDERS™, which means you would also be bound by the Terms of Service also provided at their respective websites.

1. Using the Service

1.1. Lawful purposes

You must use this Website only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this Website by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to this Website.

You must not post or transmit via this Website any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working use of this website.

1.2. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that:

• the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms;
• the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
• the Content isn’t illegal.

We reserve all rights to block or remove communications or materials that we determine to be:

• abusive, defamatory, or obscene;
• fraudulent, deceptive, or misleading;
• in violation of a copyright, trademark or, other intellectual property right of another or;
• offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.

1.3. Future Restrictions of the Service

YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SITE AND/OR PRINT A REASONABLE NUMBER OF COPIES FOR YOUR PERSONAL USE OR USE WITHIN YOUR ORGANIZATION, PROVIDED THAT ALL COPIES RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ANALYSIS AND PRESENTATION INCLUDED IN THE SITE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT THE COMPANY’S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SITE’S CONTENT IS A VIOLATION OF COMPANY’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SITE FOR SALE OR DISTRIBUTE IT OVER ANY MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY. THE SITE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND, NOR MAY THE SITE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SITES CONTAINING ALL OR PART OF THE SITE. YOU MAY NOT USE THE SITE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. YOU MAY NOT USE ANY OF THE TRADE-NAMES, TRADE-MARKS, SITE-MARKS AND LOGOS DISPLAYED ON THE SITE (COLLECTIVELY “MARKS”), EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS. NOTHING APPEARING ON THE SITE OR ELSEWHERE SHALL BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY MARKS. YOU WILL NOT USE THE SITE, THE INFORMATION CONTAINED THEREIN OR ANY OF COMPANY’S NAMES OR MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL AND WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SITE.

1.4. Google reCAPTCHAs

We use Google reCAPTCHAs to help prevent bots from auto submitting information online to Hueyify. This means you also agree to Google’s terms of service as displayed at: Google’s Terms of Service.

1.5. Linking

You may create a link to this website provided that the link:

• Does not, in any way including, but not limited to, frame or misrepresent us or this website or any information it contains; and
• Is not misleading in any way.

2. Accounts and Subscriptions

2.1. Your Account

Please refer to our Privacy Policy for details on how we maintain your information.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You agree not to use your account in any external tool / service not limited but including automation tools, scraping, data extraction tools, or by any means through a “bot”.

2.2. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, at our discretion, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

3. Limitations, Liabilities, Representations, Warranties and Indemnification

3.1. Disclaimer and Limitation of Liability

You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the “Items”) are provided on an “AS IS” and “AS AVAILABLE” basis, without any representations, warranties or conditions of any kind, whether express or implied, as to the Service, including, but not limited to, implied representations, warranties or conditions of merchantability, non-infringement, title, fitness for a particular purpose or use, performance, availability, timeliness, accuracy or completeness. Company does not warrant that the Service is compatible with your equipment or is free of errors or viruses, worms or “Trojan horses” and is not liable for any damage you may suffer as a result of such destructive features. You agree that Company, its Suppliers and its third-party agents shall have no responsibility or liability for:

• any injury or damages, whether caused by the negligence of Company, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service; or
• any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.

Links from or to websites outside the Service are meant for convenience only. Company does not review, endorse, approve or control, and is not responsible for any sites linked from or to the marsh.com site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and Company will not be responsible or liable for any damages in connection with linking. The content of other websites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by Company. Links to downloadable software sites are for convenience only and Company is not responsible or liable for any difficulties or consequences associated with downloading the software. Company is therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the Service. Company does not:

• make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service;
• guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Service; or
• make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to the Service. Company is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Company and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the Terms.

3.2. Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ITS SUPPLIERS OR ITS THIRD PARTY AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, UNAUTHORIZED ACCESS, OR ANY FORCE MAJEURE. COMPANY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY. ANY RIGHTS WHICH YOU MAY HAVE AS A RESULT OF THE APPLICATION OF APPLICABLE LAWS IN THESE JURISDICTIONS SHALL NOT BE AFFECTED BY THIS DISCLAIMER OF LIABILITY.

3.3. Representations and Warranties

You represent, warrant and covenant that you:

• have the power and authority to enter into this agreement;
• can form legally binding contracts under applicable law;
• shall not use any rights granted hereunder for any unlawful purpose; and
• shall use the Service only as set forth in these Terms.

3.4. Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Company and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) a violation of the Terms by you or anyone using your computer; (iii) a claim that any use of the Service by you or someone using your computer infringes any IP Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer or your password; or (v) any misrepresentation or breach of representation, warranty or covenant made by you contained herein. You agree to pay any and all costs, damages and expenses (including reasonable attorneys’ fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.

4. Other

4.1. Governing Law

These Terms of Use are governed by the laws of Victoria, Australia. Use of this Service is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

4.2. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Service and Privacy Policy at any time.

What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, then STOP USING the Service.

4.3. Contact Us

Any questions in relation to these Terms and/or Privacy Policy please contact us at: legal@hueyify.com