Hellidays - When Bad Holidays Happen To Good People

Terms of Service

Hellidays
Terms of Service and Use, Version 1.0.
Enacted and effective December 19, 2009

1. Your Acceptance
Fiodan Corporation and its wholly-owned subsidiary, hellidays.com (collectively, “Hellidays”) provides this website service to you, subject to the following Terms of Service and Use (TOS), which may be updated from time to time without further notice to you. These Terms of Service and Use constitute a binding agreement between Hellidays and you which shall govern your use of the Website, and conduct in relation thereto. By using and/or visiting the Hellidays Website (whether through one of our Uniform Resource Locators (URLs), including, but not limited to www.hellidays.com, or otherwise) or any other Websites owned by Hellidays (collectively “the Website”), you are signifying your agreement, in full, to both these Terms of Use and the Hellidays Privacy Policy.

2. Website Access
Hellidays hereby grants you permission to use the Website as set forth in these Terms of Service and Use, provided that: (a) your use of the Website is solely for your personal, noncommercial use; (b) you will not copy or distribute any part of the Website in any medium, without the prior written authorization of Hellidays; (c) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (d) you will fully comply with the provisions set forth in this Terms of Service and Use.

Accessing some of the features of the Website (including commenting on or submitting a story) requires you to create a user account. Only one user account per individual is permitted. In creating your user account, the information provided must be true, complete and accurate. You, alone, are responsible for the activity that occurs on your account, including keeping your account password secure. Your password may be changed at any time from your “My Account” page, and we recommend regular password updates to ensure the security of your account, and of the Website. In addition, you agree to immediately notify Hellidays of any unauthorized use of your password or account or any other breach of security. Hellidays assumes no responsibility, and you expressly release Hellidays from any liability resulting from your violation of this section.

By creating a user account, you represent that you are of legal age to form a binding contract and are not barred by any laws or court action from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the online forms presented to you by the Website, including but not limited to your email address, and identity. If any of your information changes, you agree to update your registration information as soon as possible. In the event Hellidays suspects that any part of the information contained in your user account profile is not complete, current, or accurate, or that you have otherwise violated this Terms of Service and Use, or any applicable law of the United States of America, State of Illinois, County of Cook, your account may be subject to suspension or termination, and you may be barred from using the Website thereafter.

You agree not to use, or cause to be used, any automated system, including but not limited to so-called “robots,” “spiders” or similar technology that is capable of accessing the Website in a manner that sends more request messages to the Hellidays Web servers in a given period of time than a human can reasonably produce in the same period by using conventional Web browsing software.

Notwithstanding the foregoing provision, Hellidays expressly grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available, searchable indices of the materials contained on the Website. Such permission does not extend to the creation of cached or archived replicas of such materials. Hellidays maintains and reserves the right to revoke these exceptions either generally or as to specific instances (usually where abuse is evident, or undue load is being placed on Hellidays Web servers by the exempted party), at its sole discretion.

You agree not to collect or use any personally identifiable information (“Personal Information”) including, but not limited to, account names, email addresses, or other user-provided personal information, from the Website, nor use the technologies provided by the Website for any commercial solicitation purposes whatsoever.

3. The Hellidays Website
These Terms of Service and Use apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Hellidays. Hellidays has no control over, and assumes no responsibility for, the content, privacy policies, or business practices of any third party websites. By using the Website, you specifically release Hellidays, its employees, directors and shareholders from any and all liability arising from your use of any third-party website.

4. Intellectual Property Rights
The content on the Website, including without limitation, the text, graphics, and photos created by and for Hellidays, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Hellidays, for its sole and exclusive use, subject to the copyright and other intellectual property rights of the United States, and/or foreign laws and international conventions (where applicable). Content on the Website is provided to you AS IS for your information, entertainment and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, cached, stored, archived or otherwise exploited for any purpose whatsoever without the prior written consent of Hellidays or as expressly provided herein. Hellidays reserves all rights not expressly granted herein, and to the Website and the Content contained therein.

A primary feature of the Website is to accept and display publicly, stories relating to user’s personal experiences and opinions. By way of accepting these terms of service, and with the submission of each individual story or comment, you agree to full acceptance of this TOS policy. You further acknowledge that story submissions are not subject to any compensation or remuneration whatsoever. In submitting a story or comment thereon, you are granting Hellidays permanent and irrevocable rights of ownership in the content so submitted, in perpetuity, in any medium whether now invented or which shall be invented in the future.

In submitting a story or comment to Hellidays, you affirm the following:

(a). Such content is your personal experience and opinion, and not covered under any confidentiality or nondisclosure agreement;

(b). The content of your submission does not violate the privacy or intellectual privacy rights of any individual, corporation, organization or other entity (no brand names or last names are to be used in submissions);

c). Rights in and ownership of such content are, infact solely yours to convey to Hellidays

Any/all user submitted content shall be used, edited or deleted in any way we see fit, at the sole discretion of Hellidays.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, all copyright and other proprietary notices contained thereon must be maintained as is. You agree not to circumvent, disable or otherwise interfere with any security features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

5. Copyright and Intellectual Property Rights of Third Parties
If you believe your work has been copied or posted on the Website in a way that constitutes copyright infringement, please send a written communication that includes substantially the following (please consult legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:
DMCA Complaints
Hellidays
1400 West Hubbard Street
Chicago, IL 60622
Phone: 312-943-9000
Email: dmca@hellidays.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

6. Modifications to the Website
Hellidays reserves the right, at any time, to modify or suspend, whether temporarily or permanently, the Website (or any part thereof) with or without notice. Hellidays shall not be liable to you or to any third party for any action taken by us in this regard.

7. Termination
Hellidays may, under certain circumstances and without prior notice, immediately terminate your user account on, and access to the Website, as well as any/all other services (if any) provided to you by Hellidays. Cause for such action shall include, but not be limited to: (a) breaches or violations of the Terms of Service and Use, other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you to delete or suspend your account; (d) suspension of, or material modification to the Website (or any features, services or content thereof); (e) unexpected technical disruption, or security concerns; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Hellidays product or service. “Termination” of your user account shall mean: (a) suspension of access to all pages within the Website; (b) deletion of your password and all related information associated with your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made at the sole discretion of Hellidays and that Hellidays, nor its employees, directors, shareholders or affiliates, shall not be liable to you or any third party for termination of your account, nor for any materials, content or loss of data associated with such termination, as set forth herein.

8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HELLIDAYS, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF HELLIDAYS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HELLIDAYS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 WEBSITE. HELLIDAYS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND Hellidays 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Hellidays OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE DUE AND APPROPRIATE CAUTION.

9. Limitation of Liability
IN NO EVENT SHALL HELLIDAYS, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF HELLIDAYS, 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 WEBSITE, 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.

The Website is controlled and offered by Hellidays from facilities situated in the United States of America. Hellidays makes no representations that the Website is appropriate or shall be available for use in locations outside the United States of America and its possessions or protectorates. Those who access or use the Website from such jurisdictions do so of their own volition and are solely responsible for ensuring their conduct on and use of the Website is in compliance with local law in their jurisdiction.

10. Indemnity
You agree to defend, indemnify and hold harmless Hellidays, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Hellidays, 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 Website; (ii) your violation of any term of these Terms of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and Use and your use of the Website.

11. Ability to Accept Terms of Use
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 Use, and to abide by and comply with these Terms of Service and Use. The website is not intended for children under 13. If you are under 13 years of age, please do not use the Website.

12. Assignment
These Terms of Service and Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Hellidays without restriction or notice.

13. Copyright Notice
The Hellidays Website is ©2009, Fiodan Corporation, All Rights Reserved. No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Hellidays.

14. Trademarks
All Hellidays trademarks are owned by Fiodan Corporation and may not be used for any purpose without the prior written permission of Hellidays.

15. General
If any provision of these Terms of Service and Use 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 Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Hellidays’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Hellidays reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the event giving rise to such cause of action. Otherwise, such cause of action is permanently barred.

16. Violations of These Terms of Use
Please report any violations of the Terms of Use, to abuse@hellidays.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Hellidays in its sole discretion may investigate the matter and take such action as Hellidays determines to be appropriate.

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