Mobile App Terms
Effective as of 30 July 2024
1. General Information Regarding These Terms of Use
App terms: Welcome, and thank you for your interest in Hweorfen Natural History TV’s mobile streaming app (“Hweorfen Natural History TV,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these terms of use (“App Terms”) apply to your use of the mobile streaming app that Hweorfen Natural History TV operates (the “App”). The App Terms also apply to all products, information, and services provided through the App (together with the App, the “Services”).
Hweorfen Natural History TV operates hweorfennaturalhistory.tv, but that streaming site is governed by its own terms of use and privacy policy.
The App Terms, despite being only applicable to the App, are hosted on the Hweorfen Natural History TV streaming site. By reading the App Terms, you are visiting the Hweorfen Natural History TV streaming site, which is governed by the terms at https://hweorfennaturalhistory.tv/terms/ and has a privacy policy described at https://hweorfennaturalhistory.tv/privacy-policy/.
Additional terms: In addition to the App Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the App Terms, then the Additional Terms apply in relation to the relevant Service.
Collectively, the Terms: The App Terms, together with any Additional Terms, form a binding legal agreement between you and Hweorfen Natural History TV in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”
Human-readable summary of Sec 1: These terms, together with any special terms for particular websites or apps, create a contract between you and Hweorfen Natural History TV. The contract governs your use of the app operated by Hweorfen Natural History TV, unless a particular website or app indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.
2. Your Agreement to the Terms
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.
Human-readable summary of Sec 2: Please read these terms and only use our app and services if you agree to them.
3. Changes to the Terms
From time to time, Hweorfen Natural History TV may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant App(s). All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have understood and agreed to those Terms.
Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the app. If you continue to use the app after the changes are made, you agree to the changes.
4. No Legal Advice
Hweorfen Natural History TV is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services does not constitute legal advice or create an attorney-client relationship.
Human-readable summary of Sec 4: Please consult your own attorney if you need legal advice.
5. Content Available through the Services
Provided as-is: You acknowledge that Hweorfen Natural History TV does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Hweorfen Natural History TV liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.
You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution.
The Services are intended only for users in the United States. You agree to access the Services only from the United States.
Intellectual Property: All Content on the App is protected by intellectual property laws. Users agree to access the Services only from the United States.
Human-readable summary of Sec 5: We try our best to have useful information on our app, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is protected by intellectual property laws.
6. Content Supplied by You
Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Intellectual Property in Your Content: You retain any copyright or intellectual property rights that you may have in Your Content. By sharing Your Content on or through any of the Services, you agree to give Hweorfen Natural History TV the right to include Your Content in and/or for the Services.
Removal: Hweorfen Natural History TV may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Hweorfen Natural History TV) does not impact any rights you granted to Hweorfen Natural History TV in Your Content.
Human-readable summary of Sec 6: We do not take any ownership of your content when you post it on our app. If you post content you own, you agree it can be used by Hweorfen Natural History TV in and/or for the Services. You are responsible for any content you upload to our sites.
7. No Membership
No Membership in Hweorfen Natural History TV: Creating an account or membership subscription using any of the related websites, apps, or Services does not and shall not be deemed to make you a member, shareholder or affiliate of Hweorfen Natural History TV for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws of Massachusetts or any other law.
Human-readable summary of Sec 7: Setting up an account doesn’t make you a member of Hweorfen Natural History TV.
8. Prohibited Conduct
You agree not to engage in any of the following activities:
1. Violating laws and rights:
You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2. Solicitation:
You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
3. Disruption:
You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Harming others:
You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
5. Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
You may not use or attempt to use another’s account or personal information without authorization; and
You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
Human-readable summary of Sec 8: Don’t break the law or be disruptive.
9. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HWEORFEN NATURAL HISTORY TV OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HWEORFEN NATURAL HISTORY TV DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HWEORFEN NATURAL HISTORY TV DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
Human-readable summary of Sec 9: Hweorfen Natural History TV does not make any guarantees about the app, services, or content available on the app.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HWEORFEN NATURAL HISTORY TV BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF HWEORFEN NATURAL HISTORY TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HWEORFEN NATURAL HISTORY TV IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Human-readable summary of Sec 10: Hweorfen Natural History TV is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.
11. Indemnification
To the extent authorized by law, you agree to indemnify and hold harmless Hweorfen Natural History TV, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.
Human-readable summary of Sec 11: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay Hweorfen Natural History TV for the damage it causes.
12. Privacy Policy
Hweorfen Natural History TV is committed to responsibly handling the information and data we collect through our Services in compliance with our App Privacy Policy, which is incorporated by reference into these App Terms. Please review the App Privacy Policy so you are aware of how we collect and use your personal information.
Human-readable summary of Sec 12: Please read our App Privacy Policy. It is part of these terms, too.
13. Trademarks
Hweorfen Natural History TV’s name, logos, icons, and other trademarks are the property of Faunosis LLC and may only be used in accordance with the laws of the United States.
Other trademarks used on the app are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.
Human-readable summary of Sec 13: Hweorfen Natural History TV’s trademarks are protected by the laws of the United States. Other trademarks used on this site are not intended to suggest endorsement or affiliation with Hweorfen Natural History TV.
14. Copyright Complaints
Hweorfen Natural History TV respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.
To report allegedly infringing Content hosted on an app owned or controlled by Hweorfen Natural History TV, send a Notice of Infringing Materials to contact@hweorfennaturalhistory.tv.
Human-readable summary of Sec 14: Please let us know if you find infringing content on our app.
15. Termination
By Hweorfen Natural History TV: Hweorfen Natural History TV may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Hweorfen Natural History TV at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services automatically upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms. Your warranties and indemnification obligations will survive for one year after termination.
Human-readable summary of Sec 15: If you violate these terms, you may no longer use our sites.
16. Miscellaneous Terms
Choice of law: The Terms are governed by and construed by the laws of the State of Florida in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between Hweorfen Natural History TV and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in Florida, and you hereby consent to the personal jurisdiction and venue of such court.
If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding its choice of law rules).
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Hweorfen Natural History TV as a result of the Terms or from your use of any of the Services.
Integration: These App Terms and any applicable Additional Terms constitute the entire agreement between you and Hweorfen Natural History TV relating to this subject matter and supersede any and all prior communications and/or agreements between you and Hweorfen Natural History TV relating to access and use of the Services.
Human-readable summary of Sec 16: If there is a lawsuit arising from these terms, it should be in Florida and governed by Florida law. This agreement does not mean we are partners.