Legal

Terms of use

Hypergiant – Website Terms of Use

Last updated: February 13, 2018
  1. General.  These Website Terms of Use (these “Terms“) govern your access to and use of the website operated by Hypergiant, LLC a Delaware limited liability company (“Hypergiant,” “our,” “us,” or “we”) and located at http://hypergiant.com (the “Website”). By accessing, browsing, using and interacting with this Website, you agree that you have read, understood, and accept these Terms. Please read them carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Website. 

These Terms do not govern your use of any products or services that may be offered by Hypergiant or any products or services that may be offered by third parties from or in connection with the Website or otherwise, which are subject to their own terms and conditions.  You must accept any terms and conditions relating to products and services as a condition to receiving such products or services.

  1. Use of the Website.  You may only use this Website for its intended purpose and solely in accordance with these Terms. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet websites and third-party resources, and we may employ third party technologies in connection with our Website that require you to accept such third party’s terms. Hypergiant is not responsible for either the availability of these outside resources or their content, including for any products or services you may obtain by contacting any person or entity as a result of use of the Website or the features hereof. Hypergiant may, but is not obligated to, monitor your use of the Website.
  1. Intellectual Property.  The content of this Website is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display the materials on this Website solely for your own personal, non-commercial use. You may not remove any legends placed thereon. You may not “mirror” any content contained within this Website without our express prior written consent.  Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner.  Hypergiant does not grant you any licenses, express or implied, to the intellectual property of Hypergiant or its licensors, except as expressly stated in these Terms.
  1. Transmission of Content.  Any material, information or ideas that you transmit to or post to or through this Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by Hypergiant and its designees for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with Hypergiant’s Privacy Policy. You agree to the terms of such Privacy Policy by providing your personal information to Hypergiant.
  1. International Use.  This Website is controlled and operated by Hypergiant from within the United States. Hypergiant makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
  1. U.S. Government Restricted Rights. The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
  1. Limitation of Liability.  THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL HYPERGIANT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ITS CONTENT, EVEN IF HYPERGIANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HYPERGIANT’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
  1. Term and Termination.  These Terms are effective as of the date of your first access or use of the Website, and shall remain in effect for the duration of your access or use. Your right to use the Website shall automatically terminate upon your breach of these Terms.
  1. General.  The laws of the State of Texas, excluding its conflict of law principles, govern these Terms and your use of the Website. Any suit to enforce these Terms shall be brought exclusively in the state or federal courts sitting in Travis County, Texas and you hereby consent to the jurisdiction of such courts and waive any venue objection. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms. “HYPERGIANT” and all associated logos displayed within the Website are our trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of these Terms shall not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms. The section headings used herein are for convenience only and shall not be given any legal import.
  1. Contacting Us.  All questions, comments, feedback and other communications regarding the Website or products and services offered by Hypergiant should be directed to info@hypergiant.com.