Welcome to the website (the "Site") of Hinted, Inc. ("Hinted"). These Terms of Service ("TOS") govern
your
use of the Service (defined below) and the Site. By using the Site or Service, you are stating that
you
have read and understand, and agree to be bound by, these TOS. You agree that these TOS incorporate
and
include Hinted"s Privacy Policy available at http://www.Hinted.com/privacy. The Site offers a wide
range
of services and sometimes additional terms (“Additional Terms”) may apply to your use thereof. For
example, if you link your Hinted list on Facebook, then all the Terms of Service for Facebook
applies.
The same is true of any Third Party site you link to (Twitter, Instagram, Pinterest, etc.) Plus we
at
Hinted maintain the option of creating Additional Terms later as we update the site. Certain portions
of
the Site may not be available to you unless you have registered. If you do not agree to be bound by
these TOS and the Privacy Policy, you may not use the Site in any way.
Description of Services
In the Site, Hinted provides users with access to lists of “hints” or items and experiences users are
asking for as gifts, or suggesting as gifts, that link to the vendor, retailer or seller or these
experiences and items. These “hints” may be bought, shared, gifted, re-hinted and deleted or edited
as
necessary to keep the site up to date and active ("the Service"). You are responsible for obtaining
access to the Site, and that access may evolve and require fees to access in the future as it grows,
expands and requires maintaining by the owners and users of the site. In addition, you must provide
and
are responsible for all equipment necessary to access the Site.
License and Site Access
Hinted grants you a limited license to access the Site and Service for personal use. This license
does
not include any downloading or copying of account information for the benefit of another vendor or
any
other third party; caching, unauthorized hypertext links to the Site and the framing of any Content
(defined below) available through the Site, uploading, posting, or transmitting any content that you
do
not have a right to make available (such as the intellectual property of another party); uploading,
posting, or transmitting any material that contains software viruses or any other computer code,
files
or programs designed to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment; any action that imposes or may impose (in Hinted sole
discretion) an unreasonable or disproportionately large load on Hinted’ infrastructure; or any use of
data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures
used by Hinted to prevent or restrict access to the Site or Service. Any unauthorized use by you
shall
terminate the permission or license granted to you by Hinted.
Membership Eligibility
You are not permitted to access the Service or Site if you are under the age of 13 or if your
account
has been suspended or removed by Hinted for any reason. You may not have more than one active account
on
Hinted, unless the owners and operators of the Site give you specific permission. Additionally, you
are
prohibited from selling, trading, or otherwise transferring your Hinted account to another party. If
you
do not meet the foregoing eligibility requirements, you may not use the Service or the Site.
Your Account
You represent and warrant that you are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the United States or any other applicable
jurisdiction.
You also agree to provide true, accurate, current and complete information about yourself as
prompted by
the Site's registration fields and forms. If you provide any information that is untrue, inaccurate,
not
current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Hinted has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or
incomplete,
Hinted has the right to suspend or terminate your account and refuse any and all current or future
use of
the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible
for
maintaining the confidentiality of your account and password, and for restricting access to your
computer. You agree to accept responsibility for all activities that occur under your account or
password. Because of this, we strongly recommend that you exit from your account at the end of each
session. You agree to notify Hinted immediately of any unauthorized use of your account or any other
breach of security. Hinted reserves the right to refuse service, terminate accounts, or remove or
edit
content in its sole discretion for any reason or no reason.
Submitted Content
The Site and Service may provide you and other users with the ability to send messages or post
content
(together, "Postings") to or for other users and non-users. Hinted is under no obligation to review
any
Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding
the
above, Hinted may from time to time monitor the Postings on the Site or Service and may decline to
accept
and/or remove or edit any Postings. You acknowledge that you are responsible for any Postings you
may
submit through the Site or Service, including the legality, reliability, appropriateness,
originality
and copyright of any such Postings.
You may not upload to, distribute or otherwise publish through this Site any Posting that:
- is confidential, proprietary, invasive of privacy or publicity rights, infringing on
intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous,
defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or
otherwise objectionable, including, but not limited to any content that encourages conduct that
would constitute a criminal offense, violates the rights of any party or otherwise gives rise to
civil liability or otherwise violates any applicable U.S. or foreign laws;
- may contain software viruses or malware;
- contains advertisements or solicitations of any kind, or other commercial content;
- is designed to impersonate others;
- contains personal information (such as messages that include phone numbers, Social Security
numbers, payment card numbers, account numbers, addresses or employer references), except where
we expressly ask you to provide such information;
- contains messages by non-spokesperson employees of Hinted purporting to speak on behalf of Hinted
or containing confidential information or expressing opinions concerning Hinted;
- contains messages that offer unauthorized downloads of any copyrighted, confidential or private
information;
- contains multiple messages placed within individual folders by the same user restating the same
point;
- contains chain letters of any kind; or
- contains identical (or substantially similar) messages to multiple recipients advertising any
product or service, expressing a political or other similar message, or any other type of
unsolicited commercial message; this prohibition includes but is not limited to (a) using the
invitation functionality that may be available on the Site to send messages to people who do not
know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect
to people who do not know you and then sending unsolicited promotional messages to those direct
connections without their permission; or (c) sending messages to distribution lists, newsgroup
aliases or group aliases.
With respect to any Postings you submit or make available through the Site or Service (other than
personal information, which is handled in accordance with the Privacy Policy), you grant Hinted a
perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive
license,
with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display,
modify,
adapt, publish, create derivative works, and sublicense such Posting or any part of such Posting, in
any
format or medium now known or hereafter developed. You hereby represent, warrant and covenant that
any
Posting you provide (i) does not include anything (including, but not limited to, text, images,
music or
video) to which you do not have the full right to grant such a license to Hinted, and (ii) Hinted’s
authorized use thereof, does not and will not infringe the rights of any third party (including,
without
limitation, intellectual property rights, rights of privacy or publicity, or any other legal or
moral
rights).
About Retailer Relationships
You acknowledge and agree that Hinted’s has no responsibility for what happens on the site of a
retailer.
When you hint, share, buy, return or otherwise engage in communication and transaction at the
retailer,
Hinted is not involved in that in anyway and we are not responsible for the customer experience or
customer satisfaction on that site. Any third party site linked to Hinted is solely and fully
responsible
for fulfilling that transaction an for all information and promises that happen on that site. We do
not
take Credit Card information and we do not store Shipping information, nor do we get involved in the
purchase or return of Hinted items or experiences at any time. This has to be understood by you as
part
of the Terms of Service and by signing onto this site you absolve Hinted of any responsibility
herein.
Brands, vendors, retailers and companies linked to or listed on Hint Lists on the Site are not
partnered
or affiliated with Hinted in any manner unless otherwise demarked with the words “Sponsored Hint” or
the
words “Partner List.” However, Hinted fully cooperates with these retailers and vendors seeking to
track
down any falsified information, fraudulent behavior or malicious postings, items, which includes
revealing the contact information of users who may be deemed to be misusing or abusing the site in
any
way we determine to be defined as misuse of this Site.
Disclaimer of Warranty
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM
A
WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU AS A SERVICE AND IF YOU DO
NOT
LIKE THE SERVICE YOUR CHOICE IS TO NOT PARTICIPATE IN USING THE SITE. Hinted DOES NOT ENDORSE AND IS
NOT
RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE
SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR
RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER
APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL Hinted BE LIABLE FOR ANY LOSS OR
DAMAGE
CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S
RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER
TO
EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE
THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS
APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER
CONTENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hinted AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 Hinted HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH
DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
Indemnity
You will indemnify and hold harmless Hinted from and against any and all fines, penalties,
liabilities,
losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred
by
Hinted and such parties, and shall defend Hinted and such parties against any and all claims arising
out
of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you
commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable
U.S.
of foreign law or the rights of a third party. Hinted will control the defense of any claim to which
this
indemnity may apply, and in any event, you shall not settle any claim without the prior written
approval
of Hinted.
Force Majeure
Hinted shall be excused from performance under these TOS, to the extent it is prevented from or
delayed
from performing, in whole or in part, as a result of an event or series of events caused by or
resulting
from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of
terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4)
labor
strikes, or (5) other causes beyond the reasonable control of Hinted. In the event that Hinted is
temporarily unable to ship to you a purchased item because of such an event, Hinted will give you the
option of deferring shipment or receiving a refund of your charges.
Electronic Communication
When you use the Site, Service or send emails to Hinted, you are communicating with Hinted
electronically.
You consent to receive communications electronically from Hinted and its Site Affiliates (as defined
in
the Privacy Policy). Hinted will communicate with you by email or by posting notices on the Site. You
agree that all agreements, notices, disclosures and other communications that are provided to you
electronically satisfy any legal requirement that such communications be in writing.
Links
The Site, Service or third parties may provide links to other websites or resources. Because Hinted
has
no control over such sites and resources, you acknowledge and agree that Hinted is not responsible
for
the availability of such external sites or resources, and does not endorse and is 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 Hinted 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 use of or
reliance on any such content, goods or services available on or through any such website or
resource.
Modification and Notification of Changes
Hinted reserves the right to make changes to the Service, Site, related policies and agreements,
these
TOS and the Privacy Policy at any time. If Hinted makes a material modification to these TOS, it will
notify you by: (i) sending an email to the address associated with your account. Hinted is not
responsible for your failure to receive an email due to the actions of your ISP or any email
filtering
service; therefore, you should add TheRealReal.com to the list of domains approved to send you email
(commonly known as your “whitelist”); or (ii) displaying a prominent announcement above the text of
these TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) or (ii) being deemed
sufficient notification, of such changes.
After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the
notice
may be removed. If you choose to continue using the Site or Service, you agree that by doing so you
will
be deemed to accept the new TOS or Privacy Policy, as relevant.
Trademarks
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Hinted
and
other parties. You are prohibited from using any Marks for any purpose including, but not limited to
use
as metatags on other pages or sites on the Internet without the written permission of Hinted or such
third party, which may own the Marks. Information and content including any software programs
available
on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from
modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating
derivative works or using any Content available on or through the Site for any purpose.
Procedure for Claims of Intellectual Property Infringement
Hinted respects the intellectual property of others, and we ask our users to do the same. Hinted may,
in
appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who
may
be infringing the intellectual property of a third party. If you believe that your work has been
copied
in a way that constitutes copyright infringement, or your intellectual property rights have been
otherwise violated, please provide Hinted’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been
infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf.
Hinted’s agent for notice of claims of copyright or other intellectual property infringement can be
reached as follows:
By mail:
Copyright Agent
c/o Hinted
1133 Park Avenue #3W
New York, NY 10128
By email: contact@hinted.com
Hinted may update these addresses from time to time.
Survival of Terms After Agreement Ends
Notwithstanding any other of this TOS, or any general legal principles to the contrary, any
provision of
this TOS that imposes or contemplates continuing obligations on a party will survive the expiration
or
termination of this TOS.
General
If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree
that
the court should endeavor to give effect to the parties’ intentions as reflected in the provision,
and
the unenforceable condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition. From time to time Hinted may offer special promotional
offers,
which may or may not apply to your Hinted account. Headings are for reference purposes only and do
not
limit the scope or extent of such section. These TOS and the relationship between you and Hinted will
be
governed by the laws of the State of New York State, without regard to its conflict of law
provisions.
You and Hinted agree to submit to the personal jurisdiction of the federal and state courts located
in
the County of New York, with respect to any legal proceedings that may arise in connection with
these
TOS. The failure of Hinted to act with respect to a breach by you or others does not waive its right
to
act with respect to subsequent or similar breaches. Hinted does not guarantee it will take action
against
all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no
third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and
Hinted
and governs your use of the Site and Service (other than applicable Additional Terms), superseding
any
prior agreements between you and Hinted with respect to the Site or Service.
How to Contact Us
If you have any questions or comments about this Privacy Notice, or if you would like us to update
information we have about you or your preferences, please contact us by email at editors@hinted.com.
You also may write to us at:
Hinted
Attn: Legal Department
1133 Park Avenue #3W
New York, NY 10128
By email: editors@h@inted.com
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