Terms of use

• “You” or “user”: A person that applies to, or registers to use, or uses, the Service of Hertek.
• “Account” or “user account”: An account, containing personal data, gives a person access to the Service.
• “Service”: The Hertek service, described in this Terms of Service,
• “we”, or “us”: Hertek

1. Notify Hertek immediately of any unauthorized use of any password or account or any other known or suspected breach of security;
2. Report to Hertek immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you;
3. Not impersonate another Hertek user or provide false identity information to gain access to or use the Service.

• You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
• You should be aware that Content presented to you as part of the Services is protected by intellectual property rights which are owned by Hertek.

• You acknowledge and agree that Hertek owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Hertek and that you shall not disclose such information without Hertek’s prior written consent.
• You agree that you shall not remove, obscure, or alter any proprietary rights notices (including but not limited to copyright and trade mark notices) which may be affixed to or contained within the Services.

• Hertek gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Services provided to you by Hertek as part of the Services as provided to you by Hertek (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Hertek, in the manner permitted by the Terms.
• You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.

• You retain copyright and any other rights you already hold in Content which you submit, post or display on or through the Services. By submitting, posting or displaying the content you give Hertek a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.
• You agree that this licence includes a right for Hertek to make such Content available to other companies, organisations or individuals with whom Hertek  has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
• You understand that Hertek, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Hertek to take these actions.
• You confirm and warrant to Hertek that you have all the rights, power and authority necessary to grant the above licence.

• Nothing in these Terms shall exclude or limit Hertek’s liability for losses which may not be lawfully excluded or limited by applicable law.
• Subject to overall provision in paragraph above, Hertek, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:
   

  A. B.

  any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; any loss or damage which may be incurred by you as a result of:   - - - - any changes which Hertek may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services; your failure to provide Hertek with accurate account information; your failure to keep your password or account details secure and confidential;