Terms of Service - hmong.es

The hmong.es Internet site and mobile application (together, the "Site") provides a modern interface that optimizes the content available on Wikipedia (www.wikipedia.org) for a quicker and significantly improved reading experience. "These Terms of Service ("Terms") and the hmong.es privacy policy (the "Privacy Policy") govern your access and use of the Site. "You" means any adult user of the Site, or any parent or guardian of any minor whom you allow to use the Site and the Services, and for whom you will be held strictly responsible. Please read these Terms and the Privacy Policy carefully. These Terms govern your access to and use of the Site.

 

License

Written content available on the Site has generally been made available by Wikipedia or its licensors under the the Creative Commons Attribution-ShareAlike 4.0 International License ("CC BY-SA") and/or the GNU Free Documentation License ("GFDL"). The Site uses all such text pursuant to the terms of the CC BY-SA and you are free to use such content in compliance with such license. Certain specific text may be made available by Wikipedia under other free licenses, and the Site makes such text available under the applicable license.

Images and video available on the Site are generally in the public domain or have been made available on Wikipedia under free licenses or using a "fair use" exception. hmong.es makes best efforts to comply with the applicable licenses, and appreciate any questions or comments you have regarding our compliance policies.

 

Use Restrictions

You may not do or attempt to do any of the following: (1) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site without our prior written authorization; (2) Circumvent, disable, or otherwise interfere with security-related features of the Site; (3) Make use of the Site in a manner that imposes an unreasonably or disproportionately large load on our infrastructure; (4) Make any automated use of the Site in a manner that disrupts the Site or any services we provide; (5) Use the Site to violate the legal rights of others, including defaming, abuse, stalking or threatening users; or (6) Use the Site in violation of applicable law or regulation.

 

Copyright

The policy of hmong.es is not to infringe or violate the intellectual property rights or other rights of any third party and, if properly informed, hmong.es will remove material appearing on the Site that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), hmong.es will remove any content if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time.

 

If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA"s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting [email protected].

 

hmong.es may choose at its sole discretion to monitor content for inappropriate or illegal behavior, including through automatic means; provided, however, that hmong.es reserves the right to treat all content available on the Site from Wikipedia as content stored at the direction of users for which hmong.es will not exercise editorial control except when violations are directly brought to hmong.es"s attention. hmong.es has the right to edit, delete, distort, modify or move user content from the Site without notice for any reason at any time. Additionally, hmong.es has the right to refuse to transmit, email, post or broadcast any content without notice for any reason at any time.

 

Linked Content

Portions of the Site (including, without limitation, advertisements) may involve linking to or using websites belonging to third parties. The Site may also provide you with links to access the Sites of third party vendors or retailers including, without limitation, for the purpose of reviewing or purchasing items. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, hmong.es cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. hmong.es is not responsible for content or services available by means of such sites. hmong.es does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

The Site may provide allow you to obtain or view content from Google Maps or Google Earth. By using such functionliaty or such content, you agree to be bound by the applicable Google Terms of Use, a link to which is displayed on the Site.

 

Indemnification

You agree to indemnify, defend, and hold harmless hmong.es (and its respective employees, directors, officers, subcontractors and agents) against any and all claims, damages, or costs or expenses (including court costs and attorneys" fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Site; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.

 

Disclaimer

All content on the Site is provided "As-Is". hmong.es expressly disclaims all implied or statutory warranties of any kind relating to the Site and any content available on the Site, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. hmong.es disclaims any warranties, express or implied, (i) regarding the security, accuracy, reliability, timeliness and performance of the site (and any content available on the Site); or (ii) that the Site will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the site.

 

We are not responsible for any incorrect or inaccurate content posted on the Site. We take no responsibility for third party advertisements which are posted on this Site, nor do we accept any responsibility for the goods or services provided by our advertisers. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

Limitation of Liability

In no event shall we or any of our officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the site, including but not limited to the quality, accuracy, or utility of the information provided as part of or through the site or the services, whether the damages are foreseeable and whether or not we have been advised of the possibility of such damages. In no event shall the aggregate liability of hmong.es (or its officers, directors, employees or agents) exceed amounts that you actually paid hmong.es for the use of the Site. As such, if you have not made any payments to hmong.es for the use of the Site, hmong.es shall have no liability to you.

 

hmong.es assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. hmong.es is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall hmong.es be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, or from any content available on the Site.

 

Miscellaneous

These Terms shall be governed by the laws of the State of Israel exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the state or federal courts in the City of Tel-Aviv/Jaffa and you irrevocably consent to their jurisdiction. Any cause of action against hmong.es must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and hmong.es. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof. We may assign our rights and obligations under these Terms and the Privacy Policy. You may not assign your rights and obligations hereunder without our prior written consent.

This pargraph applies only in respect of the iOS hmong.es mobile application. These Terms are an agreement between you and hmong.es. Apple has no responsibility for the Site or the content of the Site, including in respect of claims of intellectual property infringement, product liability or that the Site does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the Site and has no obligation to provide support in respect of the Site. All claims in respect of the Site must be directed to hmong.es and not to Apple. Your use of the Site must be in compliance with the App Store Terms of Service, and you may only use the iOS hmong.es mobile application on an iPhone or iPod that you own or control as permitted by such terms. In the event the iOS hmong.es mobile application fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the iOS hmong.es mobile application to you. Apple shall be a third party beneficiary of these Terms in respect of the iOS hmong.es mobile application with the right to enforce these Terms against you.

Contact Information - You may use the following contact information to contact hmong.es: [email protected]