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Hiperwall, Inc.

Website Terms Of Use

Welcome to www.Hiperwall.com (this “Website”). This Website is owned and operated by Hiperwall, Inc. (collectively “Hiperwall,” “we,” “our,” or “us”) to provide information about, among other things, our corporate affairs, products, services, partners and also contact details. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using this Website.

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS OF USE (THESE “TERMS”) CONSTITUTE A LEGALLY BINDING CONTRACT WHICH GOVERNS YOUR USE OF THIS WEBSITE. BY ACCESSING, VIEWING, BROWSING, VISITING, OR USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. HIPERWALL MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS WEBSITE.

Authorized Use

Subject to these Terms, we authorize you to view and download the information and other materials at or through this Website only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not, without the prior written permission of Hiperwall, “mirror” any material contained on this Website on any other server. Additional terms and conditions may apply to your use of any products and services offered through this Website. Please review all such terms and conditions before you use any of our products and services.

Ownership

You acknowledge and agree that this Website uses and contains proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. The content displayed on or through this Website, including without limitation all information, data, text, software, photographs, graphics, video, or other materials (the “Content”) is copyrighted by us or our licensors under United States and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

“Hiperwall,” the “Hiperwall logo,” and certain other words and logos displayed on this Website, which may or may not be designated on this Website by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks (collectively, “Marks”) of Hiperwall or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any information displayed on this Website, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us or the third party that may own the trademark or copyright of information displayed on this Website.

Disclaimers

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, THE CONTENT AND ANY SERVICES OFFERED THROUGH THIS WEBSITE, SHALL BE AT YOUR SOLE DISCRETION AND RISK. THIS WEBSITE, THE CONTENT, AND THE SERVICES OFFERED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HIPERWALL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. HIPERWALL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS WEBSITE, THE CONTENT POSTED ON THIS WEBSITE, THE SERVICES OFFERED THROUGH THIS WEBSITE, OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS WEBSITE. HIPERWALL DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THIS WEBSITE, THE CONTENT, OR THE RESULTS OBTAINED FROM USING THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, HIPERWALL IS NOT RESPONSIBLE FOR THOSE COSTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL HIPERWALL OR ITS AFFILIATES, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENT OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS WEBSITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION; OR AN ACTION IN EQUITY, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold harmless Hiperwall, its officers, directors, employees and agents, from and against any claims, actions, or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of this Website, or your breach of any representations, warranties, covenants or obligations contained in these Terms.

Links to Other Sites

This Website may provide links to third-party websites or resources and contain third-party advertisements. We have no control over such websites and resources and you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that this Website provides links to, or that provide links to this Website, or (ii) any content, goods, or services available on or through any such websites or resources. We take no responsibility for third-party advertisements which are posted on this Website, nor do we take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through this Website, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.

User Information

We may use the information we obtain relating to you, including but not limited to, your Internet Protocol (“IP”) address, name, mailing address, email address and use of this Website, for our internal business and marketing purposes and we may disclose the information to third-parties for such purposes, strictly subject to the privacy specifications set forth in our Privacy Policy incorporated herein by this reference and posted on this Website.

Copyright Policy

Hiperwall respects the rights of copyright owners to control the uses of their intellectual property, and requires our users to do the same. You are responsible for complying with all copyright laws while using this Website. You agree that you will not use this Website to infringe on the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works. Without limiting the foregoing, your use of this Website is subject to the terms of our Copyright Policy that is incorporated herein by reference.

General

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. Any dispute relating in any way to These Terms or your use of this Website shall be submitted to confidential arbitration in Orange County, California, USA, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under These Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under These Terms shall be joined to an arbitration involving any other party subject to These Terms, whether through class arbitration proceedings or otherwise. You may not assign or transfer your rights or obligations under These Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of these provisions will be null and void and of no force or effect. We may assign our rights and obligations under these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default, or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral.

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