WEBSITE AND APPLICATION DEVICE TERMS OF USAGE
The following Terms of Usage (“Terms”) provides visitors and subscribers with the policies and restrictions that govern access and use of this website and device applications. We use the term “visitors,” “subscribers” and/or “you” to include any person who accesses this website or subscribes or registers a device application at any time.
1. Agreement to these Terms
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU, HowDean.com AND The How Club (ALSO REFERRED TO HEREIN AS “WE,” “US,” OR “OUR”) GOVERNING YOUR ACCESS AND/OR USE OF THIS WEBSITE OR DEVICE APPLICATION. YOU MUST READ THESE TERMS IN THEIR ENTIRETY.
Your access or use of this website or device application constitutes your agreement to be bound to these Terms, which includes any restrictions posted on site pages or any changes that may exist when you re-access our website or device application. If you do not agree with these Terms, do not use this site or device application. Discontinuing use of this site or device application shall not modify any Terms that apply to prior uses on the site or device application.
2. Agreement to Changes or Updates
We reserve the right to make changes and update any information or Content contained on this website and/or within these Terms without prior notice. Any changes to these provisions will be incorporated into revised Terms that we will post on this website. Changes shall be effective when they are posted. Visitors have the obligation to review changes to these Terms when they access or re-access the site or device application.
3. Website Ownership
This website www.howdean.com and The How Club device applications are owned and operated by TheHowClub (referred to herein as “The How Club”). The How Club, its parents, entities under common ownership or control with The How Club (“Affiliates”) or parties that have granted us specific usage authorisations (“Licensors”) own the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials, code and software (collectively “Content”) displayed or posted on this website or device application. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content.
4. Violations and Termination
Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of visitor site participation, termination of subscription and/or our pursuit of any legal damages or remedies. If necessary, or as authorised under applicable law, we may cooperate with local, state and/or federal authorities to protect our website or device application; the Content; The How Club, its parents, Affiliates, Licensors and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of this website or Content. We retain the right to deny access to our website or device application, in our sole discretion, to any visitor/subscriber for any reason, including for any violation of these Terms.
5. Website/Device Application Participation and Registration
Your use or viewing of any portion of this site or device application is voluntary. You must be thirteen (13) years of age or older to participate in site registrations or offerings. You may also be required to meet an older minimum age requirement and agree to additional rules and terms posted on our site for participation in certain contests, special events or to complete transactions. You may discontinue site or device application registrations by following unsubscribe or opt-out instructions contained on the site or in applicable electronic communications from us. Subscribers to The How Club device applications may choose not to renew their subscriptions at any time and for any reason.
Site offerings may allow you to provide us with certain personal information. Visitors and subscribers are responsible for providing us with accurate and current information. Visitors and subscribers shall not mask their identity in communications to us by using a false name, information, email or another person’s name or email.
6. Protection of Passwords
Registration for certain site features or subscriptions may require you to select a password. You are responsible for maintaining the confidentiality of any passwords or other account information when you register. You agree to notify us of any unauthorized use of your password or other account information immediately after you become aware of such use, and further agree to indemnify and hold The How Club, its parents and Affiliates harmless from any claim, action or damages related to such use.
7. Site and Device Application Restrictions and Use of Content
Use of Content for any purpose not expressly permitted herein is prohibited. Visitors and subscribers may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this site or device application other than as provided herein. Visitors and subscribers may print or download the Content from this site only for personal and non-commercial use, provided that the visitor or subscriber does not republish the Content and keeps intact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the site or device application Content when copying or downloading.
Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited. Nothing contained on this site or device application grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this site or device application without the written permission of The How Club.
Visitors and subscribers expressly agree not to engage in any activity that:
- interrupts, destroys, alters, damages, delays or limits the functionality or integrity of this website, device application or Content, including any associated software or hardware;
- infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content; contains unauthorised advertising, advertises Content as your own or solicits other visitors;
- is unlawful, harmful to other persons, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- that otherwise violates The How Club’s policies or these Terms.
The How Club, its parents and Affiliates reserve any rights to pursue any causes of action, including, but not limited to, infringement actions or damages resulting from failure to comply with these Content restrictions and/or these Terms.
8. Software Downloads
In the event a feature or service of this site or device application includes or requires the download of software from this site or device application, the software, including any files, images, graphics or Content incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or a third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium or electronic device on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You are also solely responsible for the Software’s compatibility, ability to function and interface with your medium or electronic device.
9. Prohibitions on Linking, Framing and/or Posting
Visitors are prohibited from:
- creating or maintaining any link from another website to any page on this site;
- framing any portion of the this site;
- posting banners, advertising or other links on the The How Club site pages; or
- using any Content or site logos for purposes beyond personal use, without the express written permission of The How Club. Written requests for the above should be sent to: The [email protected]
10. Electronic Communications
11. Interactive Areas
We may provide access to interactive areas on our website or device applications such as chat areas or discussion boards (referred to herein as “Interactive Areas”). These Interactive Areas are public areas on our site and submissions or postings to such areas are viewable by any visitors to the site or device application, including The How Club, its parents and Affiliates.
Visitors and subscribers must follow all posted guidelines for Interactive Areas. To the extent there is a conflict between the rules of an Interactive Area and the Terms herein, the rules of the Interactive Area will govern.
You represent and warrant that you are the owner of, have the right to provide, and are responsible for any information or materials that you email, post, upload, transmit or otherwise make available for access, viewing or use over this website, device application or in Interactive Areas. You grant The How Club, its parents and Affiliates an irrevocable, royalty-free, perpetual, non-exclusive right to use, copy, display, modify, edit and create derivative works from and to distribute any information that you post, upload or transmit in areas of our website or device application.
The How Club, its parents, Affiliates and any third party providers or guests that conduct, operate, manage and/or participate in Interactive Areas will not be responsible or liable for the actions or postings of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in Interactive Areas. For increased security, we encourage you to not include any personally identifiable information about yourself or others in Interactive Areas, such as name, phone number, email or street address. You should always use a screen name (other than your real name) to identify yourself.
The How Club reserves the right, but has no obligation, to change, delete or remove, in part or in full, any postings on any portion of our website, device applications or in Interactive Areas. We may also terminate or suspend access to such areas for conduct that we believe interferes with other people’s enjoyment, violates applicable laws and/or these Terms. Visitors and subscribers also expressly agree not to use Interactive Areas to make available any information or content that violates the restrictions contained in Section VII above. We also prohibit disruptive statements that incite others to violate our standards, any laws or these Terms.
12. The How Club Products and Purchases
The How Club may make available certain products or items for purchase over our site and may utilise third party providers to facilitate the offering of such products.
Products and Specifications.
All features, Content, specifications, products and prices of products and services described or depicted on this site or device application are subject to change at any time without notice. Certain descriptions, including weight or measurements, are approximate and are provided for convenience purposes only. We make a reasonable effort to accurately display the attributes of our products, including applicable colours; however, the actual colours or features you see will depend on your electronic device or system. We cannot guarantee that your electronic device or system will accurately display such attributes. The inclusion of any products or services over this site or device application at a particular time does not imply or warrant that these products or services will be available at all times. Products included on this site may be unavailable or sold-out, may have different attributes than those listed, or may actually carry a different price than that stated on the site or device application. In addition, we may change information about price and availability without notice.
We may confirm orders by email; however, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any visitor. We may also require verification of information prior to the acceptance and/or shipment of any order. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the purchase, use and possession of any item purchased from this site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
We are not responsible for any shipping inaccuracies that result from the incorrect entry of information by a visitor. All purchases from this site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
13. Accuracy of Information
The How Club uses reasonable efforts to ensure the accuracy and correctness of Content appearing on this website and device applications and the operation of the site and device applications; however, the site or device application may occasionally contain Content, products or specifications that are inaccurate, incomplete or out of date. We make no representations or warranties regarding the Content’s, website’s or device application’s accuracy, validity, correctness, timeliness, reliability or that usage of the website, device application or Content will be error-free. Site and device application information may not be updated on a daily basis and may not be the most current information available.
14. DISCLAIMER OF WARRANTIES
THIS WEBSITE, ANY DEVICE APPLICATIONS AND ITS CONTENTS ARE PROVIDED “AS IS.” WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT, PRODUCTS OR SPECIFICATIONS PROVIDED OR POSTED ON THE SITE OR DEVICE APPLICATION OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT FOUND ON THIS WEBSITE OR DEVICE APPLICATION IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
15. LIMITATION OF LIABILITY
NEITHER The How Club, NOR ITS PARENTS, PARTNERS, AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR, SUBSCRIBER OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM:
- USE OF OR ACCESS TO THIS WEBSITE, DEVICE APPLICATION OR CONTENT POSTED ON THIS SITE;
- ANY FAILURE OR INTERRUPTION OF THIS SITE OR DEVICE APPLICATION;
- ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THIS SITE, DEVICE APPLICATION OR THE CONTENT AVAILABLE TO VISITORS AND SUBSCRIBERS;
- ANY OTHER CAUSE RELATING TO A VISITOR OR SUBSCRIBER’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE, DEVICE APPLICATION OR CONTENT;
- ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED ON THIS SITE OR DEVICE APPLICATION, INCLUDING ANY VISITOR RELIANCE ON SUCH INFORMATION;
- ANY CAUSE RELATING TO A VISITOR OR SUBSCRIBER’S ACCESS OR USE OF THIS SITE;
- ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR
- ANY VISITOR OR SUBSCRIBER’S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF The How Club, ITS PARENTS, PARTNERS, AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL The How Club, ITS PARENTS, PARTNERS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF The How Club, ITS PARENTS OR PARTNERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
16. Leaving Our Website
When you leave our website, your use of the Internet will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing. The How Club, ITS PARENTS, PARTNERS AND AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OFFERINGS, PRIVACY PRACTICES OR TERMS OF USAGE OF OTHER WEBSITES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS The How Club, ITS PARENTS, PARTNERS AND AFFILIATES FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE LAWYERS FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORISED ACCESS OR USE OF CONTENT AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS, SUBSCRIPTION OR USE OF THIS WEBSITE, DEVICE APPLICATION OR SITE CONTENT.
18. Parents, Partners and Affiliates
Certain website and device application features, promotions, activities or information may be made available, sponsored or promoted by The How Club’s Parents, Partners, Affiliates or other sponsors.
19. Third Party Links
Our website or device application may contain links or banners to other sites or resources on the Internet or Device Application that are controlled by third parties, such as third party advertising. These links are provided solely as a convenience to our visitors and subscribers and do not constitute an endorsement, recommendation or certification by The How Club, its parents, Partners or Affiliates of any third party site, resources, content, products or services.
Any concerns regarding external links or websites should be directed to the respective website and device application operator. You acknowledge and agree that:
- Any information posted on our website or device application regarding third party offers are for information purposes only;
- All third party postings on our website or device application have been provided by a third party operator/provider and we do not warrant its quality, accuracy or completeness;
- All visitor transactions with third parties are solely between the visitor and the third party, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. You agree that The How Club, its parents, Partners or Affiliates will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party links or advertising on the site or device application.
The How Club reserves the right, in its sole discretion, to terminate links with any third parties or other websites.
20. Advice and Opinions
Our website or device applications may contain facts, views, opinions and statements of The How Club, its Parents, Partners, Affiliates, employees, agents or independent third parties. We do not represent or endorse the accuracy, reliability or truthfulness of any advice, opinion, statement or other information displayed or distributed through our website or device application. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk.
21. Copyright Information and Infringement Concerns
The Copyright for this site and device application is held by TheHowClub. All rights reserved. If you believe in good faith that Content or other information appearing on this website or device application infringes on your copyright, you (or your agent) may send us a notice.
Notices should be sent to:
PO Box 8094, Cleveland 4163, QLD Australia.
We have adopted a policy where we may, in circumstances that we deem appropriate, terminate the accounts of subscribers or registered visitors who are repeat infringers.
22. Choice of Law and Forum
This website and device applications are maintained and located in Australia, and these Terms shall be governed by and construed in accordance with the laws of the state of Queensland applicable to contracts made and wholly performed therein. Visitors who choose to access this website from locations outside of Queensland, Australia do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms or your access or use of this website or device application will be subject to the exclusive jurisdiction of the courts located within the state of Queensland, and you hereby submit to the jurisdiction of such courts.
23. Validity of these Terms
If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent, and the remaining provisions of these Terms shall remain in full force and effect.
24. Full Understanding
These Terms, including any posted restrictions and guidelines, contain the full understanding of the parties with respect to access and usage of this website, and Content posted on the site or device application. No action of ours, other than an express written waiver or update to these Terms, may be construed as a waiver of any part of these Terms. In the event The How Club waives or updates any specific provision of these Terms, all other portions will remain intact. If you have any questions regarding these Terms, you may contact us at: [email protected]