If you require any more information or have any questions about our privacy
policy, please feel free to contact us by email at Contact
us form.
At hbtrl.com the
privacy of our visitors is of extreme importance to us. This privacy policy
document outlines the types of personal information is received and collected
by hbtrl.com and
how it is used.
Log Files
Like many other Web sites, hbtrl.com makes
use of log files. The information inside the log files include_onces internet
protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ),
date/time stamp, referring/exit pages, and number of clicks to analyze trends,
administer the site, track users movement around the site, and gather
demographic information. IP addresses, and other such information are not linked
to any information that is personally identifiable.
Cookies and Web Beacons
hbtrl.com does use cookies to store information about visitors preferences,
record user-specific information on which pages the user access or visit,
customize Web page content based on visitors browser type or other information
that the visitor sends via their browser.
DoubleClick DART Cookie
.:: Google, as a third party vendor, uses cookies to serve ads on hbtrl.com.
.:: Google's use of the DART cookie enables it to serve ads to users based on
their visit to hbtrl.com and other sites on the Internet.
.:: Users may opt out of the use of the DART cookie by visiting the Google ad
and content network privacy policy at the following URL - http://www.google.com/privacy_ads.html
Some of our advertising partners may use cookies and web beacons on our site.
Our advertising partners include_once ....
Google Adsense
These third-party ad servers or ad networks use technology to the advertisements
and links that appear on hbtrl.com send directly to your browsers. They
automatically receive your IP address when this occurs. Other technologies (
such as cookies, JavaScript, or Web Beacons ) may also be used by the
third-party ad networks to measure the effectiveness of their advertisements and
/ or to personalize the advertising content that you see.
hbtrl.com has no access to or control over these cookies that are used by
third-party advertisers.
You should consult the respective privacy policies of these third-party ad
servers for more detailed information on their practices as well as for
instructions about how to opt-out of certain practices. hbtrl.com's privacy
policy does not apply to, and we cannot control the activities of, such other
advertisers or web sites.
If you wish to disable cookies, you may do so through your individual browser
options. More detailed information about cookie management with specific web
browsers can be found at the browsers' respective websites.
Users and Community Guidelines
1. Your Acceptance
By using or visiting the hbtrl.com website or any hbtrl.com products, software,
data feeds, and services provided to you on, from, or through the hbtrl.com
website (collectively the "Service") you signify your agreement to (1) these
terms and conditions (the "Terms of Service"), (2) Google's Privacy Policy,
found at http://www.google.com/intl/en/policies/privacy/,
(3) Children's Online Privacy Protection Act (COPPA) Privacy Policy, found at http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule and
incorporated herein by reference, and also incorporated herein by reference. If
you do not agree to any of these terms, the Google Privacy Policy, or the
Community Guidelines, please do not use the Service.
Although we may attempt to notify you when major changes are made to these Terms
of Service, you should periodically review the most up-to-date version.
hbtrl.com may, in its sole discretion, modify or revise these Terms of Service
and policies at any time, and you agree to be bound by such modifications or
revisions. Nothing in these Terms of Service shall be deemed to confer any
third-party rights or benefits.
2. Service
These Terms of Service apply to all users of the Service, including users who
are also contributors of Content on the Service. Content include_onces the text,
software, scripts, graphics, photos, sounds, music, videos and content,
audiovisual combinations, interactive features and other materials you may view
on, access through, or contribute to the Service. The Service include_onces all
aspects of hbtrl.com including
but not limited to all products, software and services offered via the hbtrl.com
website, such as the hbtrl.com channels, the hbtrl.com "Embeddable Player," the
hbtrl.com "Uploader" and other applications.
The Service may contain links to third party websites that are not owned or
controlled by hbtrl.com. hbtrl.com has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, hbtrl.com will not and cannot censor or edit the
content of any third-party site. By using the Service, you expressly relieve
hbtrl.com from any and all liability arising from your use of any third-party
website.
Accordingly, we encourage you to be aware when you leave the Service and to read
the terms and conditions and privacy policy of each other website that you
visit.
3. hbtrl.com Accounts
In order to access some features of the Service, you will have to create a
hbtrl.com. You may never use another's account without permission. When creating
your account, you must provide accurate and complete information. You are solely
responsible for the activity that occurs on your account, and you must keep your
account password secure. You must notify hbtrl.com immediately of any breach of
security or unauthorized use of your account.
Although hbtrl.com will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of hbtrl.com or others due
to such unauthorized use.
4. General Use of the Service Permissions and Restrictions
hbtrl.com hereby grants you permission to access and use the Service as set
forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service or the Content
without hbtrl.com prior written authorization, unless hbtrl.com makes available
the means for such distribution through functionality offered by the Service
(such as the Embeddable Player).
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the
videos and content playback pages of the Service itself, the Embeddable Player,
or other explicitly authorized means hbtrl.com may designate.
You agree not to use the Service for any of the following commercial uses unless
you obtain hbtrl.com's prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the
Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an
ad-enabled blog or website containing Content delivered via the Service, unless
other material not obtained from hbtrl.com appears on the same page and is of
sufficient value to be the basis for such sales.
Prohibited commercial uses do not include_once:
uploading an original videos and content to hbtrl.com or
maintaining an original channel on hbtrl.com to
promote your business or artistic enterprise;
showing hbtrl.com videos and content through the Embeddable Player on an
ad-enabled blog or website, subject to the advertising restrictions set forth
above in Section 4.D; or
any use that hbtrl.com expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see
our FAQ.)
If you use the Embeddable Player on your website, you may not modify, build
upon, or block any portion or functionality of the Embeddable Player, including
but not limited to links back to the hbtrl.com website.
If you use the hbtrl.com Uploader, you agree that it may automatically download
and install updates from time to time from hbtrl.com. These updates are designed
to improve, enhance and further develop the Uploader and may take the form of
bug fixes, enhanced functions, new software modules and completely new versions.
You agree to receive such updates (and permit hbtrl.com to deliver these to you)
as part of your use of the Uploader.
You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," or "offline readers," that accesses the Service
in a manner that sends more request messages to the hbtrl.com servers in a given
period of time than a human can reasonably produce in the same period by using a
conventional on-line web browser. Notwithstanding the foregoing, hbtrl.com
grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials,
but not caches or archives of such materials. hbtrl.com reserves the right to
revoke these exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information, including account
names, from the Service, nor to use the communication systems provided by the
Service (e.g., comments, email) for any commercial solicitation purposes. You
agree not to solicit, for commercial purposes, any users of the Service with
respect to their Content.
In your use of the Service, you will comply with all applicable laws.
hbtrl.com reserves the right to discontinue any aspect of the Service at any
time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and
conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos
("Marks") on the Service, are owned by or licensed to hbtrl.com subject
to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information
and personal use solely as intended through the provided functionality of the
Service and as permitted under these Terms of Service. You shall not download
any Content unless you see a download or similar link displayed by hbtrl.com on
the Service for that Content. You shall not copy, reproduce, distribute,
transmit, broadcast, display, sell, license, or otherwise exploit any Content
for any other purposes without the prior written consent of hbtrl.com or the
respective licensors of the Content. hbtrl.com and its licensors reserve all
rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with
security-related features of the Service or features that prevent or restrict
use or copying of any Content or enforce limitations on use of the Service or
the Content therein.
You understand that when using the Service, you will be exposed to Content from
a variety of sources, and that hbtrl.com is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such
Content. You further understand and acknowledge that you may be exposed to
Content that is inaccurate, offensive, indecent, or objectionable, and you agree
to waive, and hereby do waive, any legal or equitable rights or remedies you
have or may have against hbtrl.com with respect thereto, and, to the extent
permitted by applicable law, agree to indemnify and hold harmless hbtrl.com its
owners, operators, affiliates, licensors, and licensees to the fullest extent
allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
As a hbtrl.com account holder you may submit Content to the Service, including
videos and content and user comments. You understand that hbtrl.com does not
guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of
submitting and publishing your Content on the Service. You affirm, represent,
and warrant that you own or have the necessary licenses, rights, consents, and
permissions to publish Content you submit; and you license to hbtrl.com all
patent, trademark, trade secret, copyright or other proprietary rights in and to
such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However,
by submitting Content to hbtrl.com you
hereby grant hbtrl.com a worldwide, non-exclusive, royalty-free, sublicenseable
and transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the Content in connection with the Service and
hbtrl.com's (and its successors' and affiliates') business, including without
limitation for promoting and redistributing part or all of the Service (and
derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Service a non-exclusive license to access
your Content through the Service, and to use, reproduce, distribute, display and
perform such Content as permitted through the functionality of the Service and
under these Terms of Service. The above licenses granted by you in videos and
content Content you submit to the Service terminate within a commercially
reasonable time after you remove or delete your videos and content from the
Service. You understand and agree, however, that hbtrl.com may retain, but not
display, distribute, or perform, server copies of your videos and content that
have been removed or deleted. The above licenses granted by you in user comments
you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third
party copyrighted material, or material that is subject to other third party
proprietary rights, unless you have permission from the rightful owner of the
material or you are otherwise legally entitled to post the material and to grant
hbtrl.com all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other
material that is contrary to the hbtrl.com Community Guidelines, currently found
at www.hbtrl.com.com/t/community_guidelines, which may be updated from time to
time, or contrary to applicable local, national, and international laws and
regulations.
hbtrl.com does not endorse any Content submitted to the Service by any user or
other licensor, or any opinion, recommendation, or advice expressed therein, and
hbtrl.com expressly disclaims any and all liability in connection with Content.
hbtrl.com does not permit copyright infringing activities and infringement of
intellectual property rights on the Service, and hbtrl.com will remove all
Content if properly notified that such Content infringes on another's
intellectual property rights. hbtrl.com reserves the right to remove Content
without prior notice.
7. Account Termination Policy
hbtrl.com will terminate a user's access to the Service if, under appropriate
circumstances, the user is determined to be a repeat infringer.
hbtrl.com reserves the right to decide whether Content violates these Terms of
Service for reasons other than copyright infringement, such as, but not limited
to, pornography, obscenity, or excessive length. hbtrl.com may at any time,
without prior notice and in its sole discretion, remove such Content and/or
terminate a user's account for submitting such material in violation of these
Terms of Service.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content
infringes upon your copyrights, you may submit a notification pursuant to the
Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with
the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
hbtrl.com's designated Copyright Agent to receive notifications of claimed
infringement is Shadie Farazian, 901 Cherry Ave., San Bruno, CA 94066, email: Contact
us form , fax: 650-872-8513. For clarity, only DMCA notices should go to the
Copyright Agent; any other feedback, comments, requests for technical support,
and other communications should be directed to hbtrl.com customer service
through Contact
us form . You acknowledge that if you fail to comply with all of the
requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which
access was disabled) is not infringing, or that you have the authorization from
the copyright owner, the copyright owner's agent, or pursuant to the law, to
post and use the material in your Content, you may send a counter-notice
containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been
disabled and the location at which the Content appeared before it was removed or
disabled;
A statement that you have a good faith belief that the Content was removed or
disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in San Francisco, California,
and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, hbtrl.com may send a
copy of the counter-notice to the original complaining party informing that
person that it may replace the removed Content or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a court order
against the Content provider, member or user, the removed Content may be
replaced, or access to it restored, in 10 to 14 business days or more after
receipt of the counter-notice, at hbtrl.com's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, hbtrl.com ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. hbtrl.com MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS
SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. hbtrl.com
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY
HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
hbtrl.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL hbtrl.com ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT hbtrl.com SHALL NOT BE LIABLE FOR CONTENT OR
THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by hbtrl.com from its facilities in the
United States of America. hbtrl.com makes no representations that the Service is
appropriate or available for use in other locations. Those who access or use the
Service from other jurisdictions do so at their own volition and are responsible
for compliance with local law.
11. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and
hold harmless hbtrl.com its
parent corporation, officers, directors, employees and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from: (i)
your use of and access to the Service; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) any claim
that your Content caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your use of
the Service.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case, you affirm that
you are over the age of 13, as the Service is not intended for children under
13. If you are under 13 years of age, then please do not use the Service. There
are lots of other great web sites for you. Talk to your parents about what sites
are appropriate for you.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by hbtrl.com without
restriction.
14. General
You agree that: (i) the Service shall be deemed solely based in California; and
(ii) the Service shall be deemed a passive website that does not give rise to
personal jurisdiction over hbtrl.com either
specific or general, in jurisdictions other than California. These Terms of
Service shall be governed by the internal substantive laws of the State of
California, without respect to its conflict of laws principles. Any claim or
dispute between you and hbtrl.com that arises in whole or in part from the
Service shall be decided exclusively by a court of competent jurisdiction
located in Santa Clara County, California. These Terms of Service, together with
the Privacy Notice at http://www.google.com/intl/en/policies/privacy/ and any
other legal notices published by hbtrl.com on the Service, shall constitute the
entire agreement between you and hbtrl.com concerning the Service. If any
provision of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full
force and effect. No waiver of any term of this these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term, and
hbtrl.com's failure to assert any right or provision under these Terms of
Service shall not constitute a waiver of such right or provision. hbtrl.com
reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for any
changes. Your use of the Service following any amendment of these Terms of
Service will signify your assent to and acceptance of its revised terms. YOU AND
hbtrl.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
.