Terms and Conditions of Use
Terms and Conditions of Use
1. Minimum Requirement and Service Description
1. Service Description: Howtohint.com is a creation from the production house of Howtohint. Our goal is to provide a platform to freelance writers, editors and other skilled individuals (whom we recruit) and offer them suitable assignments that are available with us. In this manner they can use their creativity and skills to create articles that would reach millions of readers, and in the process they have the ability to earn for the work they do as well.
2. Any user who wishes to enroll in our services or use them; should be 18 years of age or older.
2. MODIFICATION OF TERMS
2. TheObligation to Stay Current : It is vital that you as a user should provide us with the e-mail address and other information accurately and update them as and when needed. We also advise you to check the terms and policies at least once every 30 days.
3. MODIFICATIONS TO SERVICE AND CONTENT
1. Content Protection by Intellectual Property Rights: Content is defined as the following constituents: text, software, audio, video, applications, music,sound clips, graphics, images, likeness, work of authorship and personal information.The Intellectual Property Rights of HowToHint and its licensors protect any and all content that the user can access via a service. These rights cover the protection of ideas, projects, titles and also assignments as they are listedon the website.
2. Right to Modification:HowToHint.com has got all the rights to modify or discontinue a service being provided without providing a notice to the user. We can also block access and restrict user access without notification if such a situation arises.
4. PROCESS OF APPLICATIONS AND SUBMISSIONS
1. Process of Application A user can submit an application to be contributor. Submitting application is offered as a service, with the application being deposited under the “Application” header of HowToHint.com. You can also apply by forwarding your relevant details to us. These details include all the information under “Application materials”: resume, biographical information. You should also provide samples of your work which is described as “Work Samples” in the terms. The application of a user is assessed using the work samples and information provided in the application by the user. Any digression from this procedure is done only if mentioned otherwise. The same is applicable for the protection of our rights and those of the Third Parties and the overall process of operations of howtohint.com. After an application is submitted on howtohint.com, the resourcing department and the editorial team review the details including biographical information and the samples of work provided by an applicant. The first step is to determine whether the applicant is qualified for the projects that we have. The next step is to seek whether the applicant’s skill set matches any of the projects that we have available with us. In an event that both these criteria are fulfilled, we inform the applicant of the assignment/assignments available for him/her. Once you have acknowledged the information we have provided and agree to write for us, we have the right to use your biographical information as per the terms of the Contributors Agreement and any other document that pertaining to the matter that has been created and agreed upon by both of us. Hence it is advised that you peruse the Contributors Agreement when you agree to write for us. When agreeing to writefor us, the following clauses must hold true.
a. the information in your application should be accurate and true. There should not be any content therein that should be incorrect or misleading.
b. All the work samples that you create should have been created solely byyou and not developed by anybody else. The content should not have anyinformation that has been plagiarized or infringes and violates any other Third Party rights. Also, you as a creator of that article should have all the rights to submit the articles to us.
2. Term of Assignments: Any assignment that you will create for us will be governed under the Contributor’s Agreement and any other form of agreement that has been reached by you and us. This holds true only after your application is selected and approved by the members of the Editorial Team that is responsible for your selection.
3. Ideas of Users: Any solution,suggestion, proposal or idea (All these terms are collectively called “Ideas”) offered by a user/applicant to howtoint.com should meet the following criteria:
a. Once accepted, howtohint.com has the right to use and disclose the idea in any manner they deem fit.
b. No plagiarism is allowed: the idea should be original and should not contain any information that is confidential and has proprietary rights on it. There should be no objections by a member or a group regarding your right to submit the idea to us. Neither should the idea infringe or violate any Third Party’s rights.
c. Howtohint.com is not obliged to make any payment for the idea or provide any reimbursements for the acceptance and/or use of the idea in any manner or form. When providing with an idea, you should agree to the following terms:
i) At the time of your submission of the ideas included or excluded in your assignment and work samples, Howtohint.com may have already created or would be in the process of creating work/assignment/project/ideas that are remarkably similar to the idea that has been provided by you.
ii) Any or all the elements of the idea provided by you may not be under the protection of the Copyright Law and hence are not subject to challenge under the same.
5. PROHIBITED CONDUCT
1. The following clauses describe the situations that one must not attempt or strive to create. All of these clauses have been determined by howtohint.com and all of them are applicable to both the users and staff alike. Any infringement of these clauses will be subject to the applicable laws.
a. Any of the services provided by howtohint.com should not be used in a manner that is against the prevailing laws, local,state, national, international and export laws inclusive. Also, no action inthe use of service should violate any rights pertaining to intellectual property or any form of contracts. Neither should the action include the commission for a tort or any other purpose that is harmful or is in violation of any of the civil and business rights.
b. The users must not attempt to gain access to services and or areas of work that they do not have the access to and/or not authorized to breach. Any attempt to hack or tamper with the existing services will be assumed as breach of security.
c. The use of any means (NOT provided by us) to accessour services, gather information or copy data from our services will be considered as direct violation of rights and be marked as security breach. Such actions include the use of any unauthorized spider, scraper or any automatedmeans or interface.
d. Any endorsement that indicates unauthorized affiliation or exhibition of information NOT authorized by us will be considered in violation of the property rights and other applicable laws. The same stands true for representing whole or a part of our services as yours and any claims stating they belong to you.
e. There should be no misrepresentation or impersonation of your affiliation with any person or entity without authorization. Any such incident willbe considered as breach of protocols and concerned laws and will be treated accordingly.
f. If anyone recreates any software, or application or any aspect of the service in an endeavor to replicate it or exhibit it as own and other such uses will be assessed as violating intellectual property rights and other related laws. Similarly, any attempt to find the source code or circumvent measures put in place to prevent access of unauthorized areas and services which could directly or indirectly result inthe loss of service or delay in access to authorized parties will lead to prosecution.
g. No user should induce virus, spyware, adware or any malicious code in our systems that would adversely affect the deliverance of services or cause issues in authorized access by the employees of howtohint.com and the users. No such action should impact anyone including third parties. Any such breach or attempt will be considered as a security issue and will be managed with severity, including prosecution if necessary.
h. Any action that would be considered as aninconvenience and intentional attempt of adding burden to the existing infrastructure, hardware systems and channels or interfere with the usual functioning of the infrastructure will be dealt with according to the breach of security and property laws.
i. there should be no unauthorized access, use, borrowing, contribution or manipulation of any content or service. This dictum includes –without limitation-all information, titles, assignments and projects and all forms of service content, at the website or out of it, including content on other websites for promotional purposes. Such usage is also protected under the right laws.
6. PROTECTION OF CONTENT
1. Limited License Provided by howtohint.com to a User : All the intellectual property laws related to our services should be respected and protected via following the norms established by the organization. The access granted to a user is non transferrable. It is also limited and is revocable in case a user is found in breach of any of the clauses mentioned above or any other rules that govern the functioning. The license is non exclusive and it cannot be sub-licensed either. This is a protection provided to howtohint.com by the rights it has in the Service Content. These rights allow a user for the private display and use the Service Content on his/her computer.
2. Reservation of Rights : howtohint.com has reserved all rights to the Service Contents, including the ones that are not mentioned in this section. This holds true for the company when it retains these rights on its own behalf and on the behalf of the licensors. Unless a clause that meets the criteria and authorizes a user to distribute, exhibit, modify, publicly display or create new derivatives of any of the service content; no one is allowed to perform any of the above mentioned functions. Anyone who chooses to opt for any of the activities mentioned above must seek permission from Howtohint and have a written consent before he/she embarks on executing the activity. This also includes permission from any 3rdparty owner who has right in that service content. All the rights, titles, service content and services are owned by howtohint, it's licensors and in manycases, its affiliates.
8. TERMINATION AND CANCELLATION
1. The Right to Terminate: Apart from the situations where a user is found to violate any clause of the terms, we may, without prior notice terminate your access to the services of howtohint and/or block your access to the service in case it is found that you have engaged in any activities that are detrimental to the functioning of the HowToHint or has harmed or violated any rights, person or property belonging to other users o rany third party. This decision can be based on our sole discretion.
2. Termination Notice: In an event a termination is required according to the applicable laws, HowToHint wil lproceed with the process by either informing you directly by mailing the notice to the e-mail address or postal address( as is in our records); whichever applicable. The other mode of communication is via a notification on the website also.
9. MERCHANT DEALING PROCESES AND LINKS
1. Advertisements and Links : The service that we provide may also have links to 3rd party websites along with advertisements and offers. We do not claim responsibility of the information provided by these advertisements and 3rdparty endorsements. HowToHint does not take the responsibility of:
a. Such advertisements and websites being available or the information that they provide.
b. The services, products or content that these3rd party websites have to offer. These links and advertisements are not endorsed or promoted by HowToHint and it is strongly advised to the users to judge at their discretion if they choose to select any of these links or 3rdparty sites. Any information revealed or divulged on these sites is not governed by the privacy policies of HowToHint. It is applicable only when a user is on our site.
2. Third Party Transactions: In an eventof a user using a Third party service that he/she has found via our websites, any transactions made are solely between the user and the third party merchant or service. These transactions include purchase and registration processes which involve payments and delivery of goods or services. HowToHint is not responsible for any disputes or issues thereafter.
1. In case there is a claim that has arisen because of the following 2 situations:
i) Access and Use of Service;
ii) User violating the terms or any applicable laws or the right of any person;
HowtoHint, their subsidiaries as listed on howtohint.com, employees, directors, officers, attorneys, agents,suppliers and all including the assignsand successors are to be held harmless and should be indemnified for all damages, costs, expenses and any other liabilities, which also include fees andexpenses of the attorneys.
11. DISCLAIMER OF WARANTIES
THE SERVICES PROVIDED BY HOWTOHINT ARE PROVIDED“AS IS” AND “AS AVAILABLE”. THE EXTENT OF THESE SERVICES PROVIDED ARE AS PERTHE NORMS ETABLISHED BY LAW. THERE ARE NO EXPRESS OR IMPLIED REPRESENTATIONS,WARRANTIES OR CONDITIONS PROVIDED IN ANY FORM, WHICH DESCRIBE THE EXTENT OF THEOPERATION OF SERVICES OR THE INFORMATION AND CONTENT INCLUDED IN THESESERVICES. THERE ARE NO GUARANTEES FOR UNINTERRUPTED, ERROR FREE, VIRUS FREE,TIMELY OR SECURE SERVICES AND HENCE WE MAKE NO SUCH PROMISES OR PROVIDED ANY WARRANTIES FOR THE SAME. DISCLAIMS ARE MADE FOR ALL CONDITONS, WARRANTIES ANDREPRESENTATIONS OF TITLE FITNESS, MERCHANDISING ABILITY, INFRINGEMENT AND SUCHISSUES ARISING DUE TO TRADE TRANSACTIONS, ISSUE RELATED TO USAGE ANDPERFORMANCE ETC. LIMITATIONS ON IMPLIED WARRANTIES ARE NOT ALLOWED BY SOMEJURISDICTIONS AND THEREFORE NOT ALL OF THE LIMITATIONS EXPRESSED ABOVE AREAPPLICABLE. IT IS STRONGLY ADVISED THAT THE USERS CREATE A BACKUP AND COPY FOR CONTENT THAT IS PERSONAL AND IS USED WITH THE SERVICE, EITHER FOR MAINTENANCE OR RUNNING THE SERVICE. ANY COSTS THAT ARISE DUE TO THE USER HAVING TO REPLACE ANY PROPERTY, EQIPEMENT OR DATA LOSS WHILE USING THE SERVICES WILL NOT BE BORNE BY HOWTOHINT AND THE COMPANY WILL NOT TAKE RESPONSIBILITY FOR ANY OF THESERESULTANT COSTS.
12. EXCLUSION OF DAMAGES AND LIMITATION OFLIABILITIES
IN AN EVENT OF ANY KIND OF LOSS THAT IS MENTIONED BELOW, EVEN IF POSSIBILITY OF SUCH LOSSES HAS BEEN DESCRIBED EARLIER AND EVEN WHEN THESE LOSSES HAVE OCCURRED DUE TO PRODUCTIBILITY, FAULT, TORT OR EVEN NEGLIGENCE, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO THE USER OR ANYOTHER PERSON, TO THE MAXIMUM EXTENT THAT IS PERMITTED BY LAW. THESE LOSS TYPES INCLUDE: EXEMPLARY, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, STATUTARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, PRIVACY OR GOODWILL EVEN.
13. NOTICE AND CONTACT DETAILS
Under normal circumstances, all the users will be provided any notifications by posting it on the site. However, there is always a scope of exceptions as mentioned in the Terms, when a user may be notified via the contact address (e-mail or postal as applicable). HowToHint strongly urges the users to check the site at least once every 30 days to view any notices that may have been posted. The notices posted on the sites are available for 30 days from the day of posting. In an event of a notice being posted on the site or an e-mail being sent to the user, it is assumed that the notice is received and read by the user irrespective of whether the user has received it/read it or not. To ensure that the notices that we might send are received, it is important that the user constantly updates the communication details from time to time as and when needed. We also send legal notices (subpoenas included) to the e-mail address that the user has provided us with.
In case a user wants to send us a legal notice because he/she feels that any right or rule has been breached (copyright, intellectual property right or service infringements) then a notice can be sent in the form of an e-mail at firstname.lastname@example.org stating the details of the complaint.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All parental control protection features which include computer hardware,software and filtering services are also available commercially. All the userscan choose to use these services as provided by recognized 3rd partyservices as well. These services are very helpful in filtering out the unrestrainedcontent so that no minors get to access any information or website that ispotentially harmful to the computer and to the minor as well at an intellectual level. However, we do not endorse any such services that might be advertised onour website and the users are free to choose the ones of their choice. The effectiveness of parental control services from 3rd parties may or may not be satisfactory. In case not, HowToHint is not responsible for the inadequacy of the website to have delivered the services as per the users’ expectations. Hence it is advised that a user selects such a service only afterdue consideration. More details of such services can be found on the following website:http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html. This site provides an in depth description of the Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies
NO DICTIONARY ATTACKS OR HARVESTING ALLOWED ON THIS SITE
YOU MAY VIOLATE FEDERAL LAW IF YOU:
(1) IF YOU START TRANSMITTING A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S."CAN-SPAM ACT OF 2003"); AND IT BE DIRECTED TO THE COMPUTER AND OTHER COMMUNICATION DEVICES WHICH ARE A PART OF HOWTOHINT OR FROM TO DEVICES OF A COMMERCIAL THAT DOES NOT MEET THE MESSAGE TRANSMISSION CRITERIA OF THAT ACT; OR
(2) BE ACCESSORY TO THE ORIGIN OF SUCH MESSAGES BY SELECTING OR PROVIDING ANY ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
The trademarks HowToHint and other icons and symbols of HowToHint are registered trademarks of HowToHint, Inc. in the United States and/or other countries. The Thirdparties have been represented in their names and trademarks. Rights to all the service content, icons and any other trademarks that have been displayed are reserved and any reproduction without notification is against the law. In an event of such an infringement, prosecution will be initiated as per thetrademark laws and all the other laws applicable.
NOTICE COPYRIGHT OWNERSHIP: © 2010. HowToHint, Inc All rights reserved