Terms of Use

SpecialH, LLC ("SpecialH", "our", "us" or "we") provides the services offered by Special (the "Services") through our website, accessible at www.specialh.com (the "Site"), and our applications for mobile devices (the "Applications").

Please read carefully the following Terms of Use ("Terms") and our Privacy Policy, which may be found at http://www.specialh.com/privacy. These Terms govern your access to and use of the Site, Applications and Services and all Site Content (defined below), and constitute a binding legal agreement between you and SpecialH.

By accessing or using the Site, Applications or Services, or by posting any Member Content, you acknowledge that you have read, understood and agree to be bound by these Terms. SpecialH reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Applications or Services or to modify these Terms, at any time and without prior notice.

Account Registration

In order to access certain features of the Site, Applications and Services and to post any Member Content on the Site, Applications or through the Services, you must register to create an account ("Account"). You may register with SpecialH through your account with certain third party social networking services, including Facebook and Twitter (collectively, "SNS"). When you register through your SNS account, you will be asked to login to the Services using your SNS account credentials. By creating an Account via your account with an SNS, you are allowing SpecialH to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. Members have the option to disable the connection between their SpecialH Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services.

You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

License to Use the Website

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for your personal use and not for resale or further distribution. Your right to use the Service is limited by the terms set forth in these Terms of Use. Except for this license granted to you, we retain all right, title, and interest in and to the Website, including all related intellectual property rights. The Service is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to:

  • reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service;
  • rent, lease, or sublicense access to the Service; nor
  • circumvent or disable any security or technological features or measures of the Service.

Access to the Website; Modifications to the Website

We do not provide you with the equipment to access the Website. You are responsible for all fees charged by third parties to access the Website (e.g., charges by internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Website at any time, for any or no reason, with or without prior notice, and without liability. You must be 18 or older to register as a user or to use the Service.

Privacy Policy

We collect registration and other information about you through the Website. Our collection and use of this information is governed by our Privacy Policy available at http://www.specialh.com/privacy.

Links and Third Party Content

The Website may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Password Restricted Areas of the Website

Certain areas of the Website may be password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to immediately notify SpecialH if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities.

Submissions

The Service allows you and other third parties to post information to the Website, including reviews and comments. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Website are those of the respective authors or producers and not of SpecialH, or its shareholders, directors, officers, or employees.

SpecialH does not control the content posted by third parties via the Website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will SpecialH, its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available.

You agree that SpecialH is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings to the Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website and our products and services. Furthermore, by posting any Submission on the Website, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sub-licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by SpecialH will not infringe on or violate the rights of any third party.

Use Restrictions

You agree not to do any of the following:

  • Post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive, pornographic or contains nudity; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Site or Applications, or any individual element within the Site or Applications, the SpecialH name, any SpecialH trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
  • Access, tamper with, or use non-public areas of the Site or Applications, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any SpecialH system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SpecialH or any of our providers or any other third party (including another user) to protect the Site, Applications or Site Content;
  • Attempt to access or search the Site, Applications, Site Content or download Site Content from the Site or Applications through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SpecialH or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a SpecialH or SpecialH trademark, logo URL or product name without SpecialH’s express written consent;
  • Use the Site, Applications or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Applications, or Site Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Applications or Site Content.
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Applications;
  • Collect or store any personally identifiable information from the Site or Applications from other users of the Site or Applications without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Use the Site if you are a convicted sexual offender;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.
  • SpecialH reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that SpecialH, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Applications or Services.

Disclaimer of Warranties

Your use of the service, website and website content is at your sole risk. The service, website and website content are provided on an "as is" and "as available" basis. SpecialH expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the website and website content, and you rely on the service, website and website content at your own risk. Any material obtained through the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through the website. No advice or information, whether oral or written, obtained by you from SpecialH or through or from the service will create any warranty not expressly stated in this agreement. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.

Limitation of Liability

SpecialH will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SpecialH has been advised of the possibility of these damages), resulting from your use of the service, website and website content. SpecialH makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including any software) or services included on or otherwise made available to you through the SpecialH site, unless otherwise specified in writing. SpecialH will not be liable for any damages of any kind arising from the use of the SpecialH site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the SpecialH site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in the agreement. You expressly agree that your use of this site is at your sole risk. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@specialh.com and provide SpecialH’s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. SpecialH’s agent for notice of claims of copyright infringement on this site can be reached using the contact information below.

Indemnity

You will indemnify and hold SpecialH, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service, Website or Website Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the Service, Website or Website Content.

Updates to this Website and License Agreement

We may occasionally update the Website and these Terms of Use. When we do, we will revise the “last updated” date on these Terms of Use. You should check this Website and these Terms of Use frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of use. This version of these Terms of Use shall supersede all earlier versions. While the Service is currently offered at no charge to users, SpecialH reserves the right to charge users for access to all or part of the Service. If SpecialH begins charging for access to the Service, it will notify users by updating these Terms of Use, and may notify you by email to the address provided by you when registering for the SpecialH Service.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of SpecialH used herein are trademarks or registered trademarks of SpecialH. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Legal Notices

Enforcement of these Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Website will lie in the State and Federal courts located in Los Angeles, Los Angeles County, California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of SpecialH to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by SpecialH in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contacting SpecialH

If you have any questions or concerns about the Website or these Terms of Use, please send us a thorough description by email to info@specialh.com, or write to us at:

SpecialH
info@specialh.com