Welcome to HerWay.com (hereinafter HERWAY), below you will find the Terms and Conditions. Enjoy.
HERWAY is an easy way for members to interact and meet with other members who show mutual interest. Our service has been created to be easily accessible to all users of legal age, but it also has limitations and risks that you must be aware of before participating. Prior to, and as a condition of your participation, you (hereinafter You or Yours or User) must agree to abide by the HERWAY Terms of Participation. By pressing the "I ACCEPT" button on the sign up page, You are accepting these Terms. You may review these Terms at any time by clicking on the disclaimer link at the bottom of the home page.
1. Use of HERWAY is available only to individuals who can form legally binding contracts under applicable law. This excludes in all cases minors (persons who have not reached their eighteenth birthday).
2. HERWAY reserves the right to modify the Terms of Participation at any time and without prior notice to its Users. We may add to, change, delete or end our or Your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons.
3. HERWAY is not involved in any transaction between any parties who uses our site. We are a venue only and do not screen or censor or otherwise control the content offered to other Users, nor does HERWAY screen or censor or otherwise control the Users of its service. HERWAY cannot and does not control the behavior of the participants on this site. HERWAY does not assume responsibility for the content or context of the user areas, and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or in our sole discretion.
4. If there is a dispute between participants on this site, HERWAY is under no obligation to become involved. In the event that You have a dispute with one or more Users, You hereby release, HERWAY, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. The HERWAY service may be used only for lawful purposes. Transmission, distribution or storage of material, or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate HERWAY related transactions.
6. HERWAY prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is Your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include pictures listed in the incorrect category, telephone numbers listed in the Meeting section, personals or any sub-category of personals, duplicate listings that contain more than 60% of the same characters, regardless of category, U.R.L. (Universal Resource Locator) or hyperlinks listed in the Personals or any sub-category of Personals, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM"). Further, HERWAY prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
7. HERWAY prohibits the following for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
8. HERWAY strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the HERWAY service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
9. HERWAY also prohibits the use of another Internet service to send or post SPAM to drive visitors to Your site hosted on or through HERWAY systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party.
10. If HERWAY, in its sole discretion, determines that a violation of the Terms of Participation has occurred, HERWAY may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of Your account without refund and /or the exclusion of any person(s) who may have violated any Terms of Participation. HERWAY could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. HERWAY will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to You. If HERWAY believes in its sole discretion that any account may create liability for HERWAY, HERWAY may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, HERWAY reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
11. Member Disputes. You are solely responsible for your interactions with other HERWAY.COM Members. HERWAY reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Subscriptions. HERWAY offers a subscription service. There are various types of subscriptions offered, based primarily on duration of site access. Subscriptions are non-refundable once purchased. Some subscriptions offered are recurring and will be billed under the terms of those recurring subscriptions. The recurring subscription terms are displayed prominently on each payment page. If you terminate your subscription, your subscription will remain active through the duration of the period paid. HERWAY may terminate your subscription if you have breached this agreement. You will not be entitled to a refund for unused subscription fees in this event. HERWAY also has the right, at its discretion, to terminate accounts for any reason and without advanced notice. Lifetime subscriptions are forfeited upon deletion of profile for any reason.
13. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. HERWAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. HERWAY MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HERWAY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
15. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
16. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM HERWAY.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
17. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER HERWAY NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HERWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT HERWAY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT HERWAY SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall HERWAY's total liability to You for all damages, losses, and causes of action exceed the amount paid by You to HERWAY, if any, that is related to the cause of action.
18. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the "User") to HERWAY with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of HERWAY. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
20. No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service.
21. Others' Information. You agree not to make use of anyone else's Information other than as necessary to complete any HERWAY transactions in which You are involved.
22. No Agency. There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between HERWAY and any User of the Service.
23. Notice. Any notice to You or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Participation or other matters related to HERWAY by displaying notices to Users on the Service.
24. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
25. These Terms of Participation and the relationship between User and HERWAY shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and HERWAY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.
26. The failure of HERWAY to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect.
27. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred.
28. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect.
HERWAY is a communication system provided in which to people to submit a link to a photograph for others to rate. The images that you view using the HERWAY system are not stored on HERWAY's servers. HERWAY does not, and cannot, control what content is available to you using the HERWAY system. HERWAY users decide what content to make available to others using the HERWAY system. Users are responsible for complying with all applicable federal and state laws applicable to such content, including copyright laws.
HERWAY respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. You should be aware that some image files might have been created or distributed without copyright owner authorization. As a condition to your use of the HERWAY system, you agree that you will not use the HERWAY service to infringe the intellectual property rights of others in any way.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/, HERWAY will respond expeditiously to claims of copyright infringement committed using the HERWAY service. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by contacting HERWAY through our info page.