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Welcome to Hushme. These General Terms of Use (“Terms“) are offered to you by Hushme Inc and its affiliates (“Hushme“) and govern your use as a visitor to www.gethushme.com and/or other websites (including any social media sites, mobile webpages and application store pages) managed by Hushme that reference the Terms (the “Hushme Sites“). Please read these Terms carefully. By using, accessing and/or visiting the Hushme Sites, you accept and agree to these Terms. If you do not accept and agree to the Terms, you should immediately stop using, accessing, and/or visiting the Hushme Sites.
Please also carefully read Hushme’s Privacy Policy, located here. By agreeing to these Terms, you also agree to and accept our Privacy Policy.
In addition to the Terms and Privacy Policy, other and/or additional terms may apply in certain limited instances, such as when you register a Product or a service, sign up for a promotion, opt-in to receive email, or download software. Hushme will present such terms to you before you register, sign up, opt-in, or download.
We reserve the right to make changes at any time to the Hushme Sites, these Terms, our policies, and/or terms applicable to a service, registration, sign up, opt-in, or download. We will notify you of any material changes to the Terms by posting the new Terms on the Hushme Sites. Please consult these Terms regularly for any changes. The date of the last revision appears at the top of the Terms. Your use of the Hushme Sites following any changes to the Terms will signify your acceptance of the revised terms.
Subject to these Terms, Hushme grants you a limited license to access and use the Hushme Sites for your personal, non-commercial use. However, except as otherwise provided in these Terms, the contents of the Hushme Sites is owned by or licensed to Hushme, and protected by various intellectual property and other laws. Consequently, without our express written consent, you may not download (other than through page caching) or modify a Hushme Site or any portion thereof, or reproduce, distribute, duplicate, copy, display, sell, mirror, or otherwise exploit the Hushme Sites or any portion thereof. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of gethushme.com as long as the link does not portray Hushme or gethushme.com in a false, misleading, derogatory, or otherwise offensive matter. You may not use any meta-tags or any other “hidden text” utilising Hushme or Hushme’s name or trademarks to reference the Hushme Sites without our express written consent. You may not use disguised referrals to link to any Hushme Site. Without our prior written consent, you may not exploit the Hushme Sites or any content appearing therein for commercial purposes. If you are under age 13, you may use the Hushme Sites only with involvement of a parent or guardian. Any unauthorised use of the Hushme Sites or use in violation of these Terms terminates this limited license.
Hushme gives visitors to the Hushme Sites the option of posting Hushme product reviews or various other opinions and comments (“Your Comments”) on specified sections of the Hushme Sites. To do so, you may have to provide personal information (a term defined in the Privacy Policy). You retain ownership of Your Comments, but by posting you grant Hushme a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media Hushme in its sole discretion selects. You grant Hushme and sub-licensees the right in our sole discretion to use the name that you submit in connection with such content, but Hushme shall at all times use the name and content in accordance with our Privacy Policy. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You represent and warrant that you own or otherwise control all of the rights to, and/or have a right to post, the content that you submit and/or post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury or damage to any person or entity; and that you will indemnify Hushme for all claims resulting from content you supply.
The content you post may not be illegal, obscene, offensive, racist, sexist, hateful, threatening, defamatory, libellous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable to Hushme in its sole discretion, and shall not consist of or contain software viruses, political campaigning, commercial solicitation, advertisements, chain letters, mass mailings, or any form of “spam.”
Hushme takes no responsibility and assumes no liability for any content posted by you or any third party. Hushme may monitor, review or edit such content you or others post or submit, but is not obligated to do so.
When you visit a Hushme Site or send e-mails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Hushme Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Hushme Online Store is located here.
We attempt to be as accurate as possible in the descriptions of our products and support services. However, we do not warrant that any product and/or support descriptions or other content on the Hushme Sites is accurate, complete, reliable, current, or error-free. If you purchase a Hushme product either through the Hushme Online Store on gethushme.com or through an authorised retailer, and you believe it is not as described on the Hushme Sites, or you believe you have not received support for your product as provided in the Limited Warranty, your sole remedy is to return the product in accordance with our Return Policy.
For information about the Limited Warranty for Hushme products, please visit this link.
For information about the Return Policy for Hushme products, please visit this link.
To obtain access to enhanced features for certain products, and/or access to certain features or promotions on the Hushme Sites, at your option you can register for an account. If you register, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password, and to notify Hushme immediately of any unauthorised use. Hushme reserves the right to refuse service or terminate accounts if you fail to adhere to these Terms or any additional terms that may apply to these services, at Hushme’s reasonable discretion.
We take reasonable precautions to ensure the safety and integrity of any content we make available for you to download. However, the use of downloaded software or other materials from the Hushme Sites is entirely at your own discretion and risk. You are solely responsible for any damage to your computer system; mobile; handheld or portable device or any loss of data that results from use of any such download. We assume no liability whatsoever for any viruses, Trojan horses, malicious adware, spyware, or other potentially harmful components arising out of or in connection with a download from the Hushme Sites. Additionally, we cannot be made responsible, under any circumstances or to any extent, for any software or material pertaining to Hushme or its products, which is downloaded from sites or sources outside the Hushme Sites.
Hushme provides customer support services (“Support Services“) in accordance with these Terms, the terms and conditions indicated in your warranty, and as may be supplemented on the Support Services site here. Hushme will use commercially reasonable efforts to provide the Support Services in a professional manner but cannot guarantee that every question or problem raised by you can or will be resolved.
All content included on the Hushme Sites, such as text, graphics, logos, button icons, images, and software, and the compilation thereof are, unless otherwise stated, the property of Hushme and/or its licensors and protected by United States and international copyright laws and other laws and regulations. All software and other materials available for download from the Hushme Sites are, unless otherwise stated, the property of Hushme and protected by United States and international copyright laws. By downloading content from the Hushme Sites, you hereby agree to use the content only for the intended or stated purpose, and not to make any reproductions, modifications or alterations to the content in any way whatsoever.
“Hushme”, the Circle With Sound Waves Logo, the names of Hushme products, and other graphics, logos, page headers, button icons, scripts, and service names may be trademarks, registered trademarks, or trade dress of Hushme. You may not use the foregoing in any manner that disparages or discredits Hushme or is likely to cause confusion among customers. You may not use Hushme’s trademarks and/or trade dress in connection with any product or service without our express written consent.
If you have feedback on how we can better improve our services, you are welcome to email our official feedback channel at feedback@gethushme.com. Any feedback you provide is deemed to be non-confidential and non-proprietary. Hushme shall be free to use such information on an unrestricted basis.
Outside of the above-mentioned feedback avenue, Hushme does not accept or consider unsolicited ideas, including (without limitation) ideas for new or improved products or technologies, product enhancements, collaterals, processes, materials, new advertising campaigns, promotions, marketing plans or new product names (each an “**Unsolicited Idea**”). Kindly refrain from sending any Unsolicited Ideas in any form to Hushme or its employees. This policy is necessary to avoid potential misunderstandings or legal disputes in event of any similarity of Hushme’s products, services or activities to an Unsolicited Idea.
If you decide to relay an Unsolicited Idea despite the above notice, you shall be deemed to agree as follows: (1) the Unsolicited Idea is not confidential or proprietary to yourself or any third party; (2) Hushme owes neither you nor any third party any obligation (including compensation) in relation to the Unsolicited Idea; (3) Hushme has full discretion and liberty as to the use, retention or dissemination of the Unsolicited Idea for any purpose and in any manner; and (4) you shall indemnify and hold harmless Hushme from all liabilities, damages, losses, costs and expenses arising from Hushme’s use of the Unsolicited Idea.
Hushme respects the intellectual property rights of others. If you believe that your copyrighted work is posted or made available on the Hushme Sites without your authorisation and you claim infringement, then you should provide the following information to us:
Hushme’s Agent for notice of claims of copyright infringement is
Copyright Agent – Legal Department
Hushme Inc
8 The Green, STE 4377
Dover, DE 19901 US
9172153321
By email: copyright@gethushme.com
The copyright agent will not respond to inquiries not relevant to copyright.
YOUR USE OF THE HUSHME SITES AND ALL CONTENTS THEREON IS AND SHALL BE AT YOUR SOLE RISK. THE HUSHME SITES AND ALL CONTENTS THEREON ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUSHME AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE HUSHME SITES, ALL CONTENTS THEREON, AND SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. HUSHME MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THE HUSHME SITES OR OF SITES LINKED TO THE HUSHME SITES, AND DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE HUSHME SITES OR ANY HYPERLINKED WEBSITES. HUSHME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, VIRUSES, OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE HUSHME SITES, FOR ANY ERRORS, MISTAKES OR INACCURACIES IN CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED THAT RESULTS FROM THE USE OF ANY CONTENT MADE AVAILABLE IN ANY WAY THROUGH THE HUSHME SITES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL HUSHME, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO OR INABILITY TO ACCESS OR USE THE HUSHME SITES (INCLUDING THE SERVICES AND SUPPORT SERVICES OFFERED ON THE HUSHME SITES OR DOWNLOADABLE MATERIALS), EVEN IF HUSHME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HUSHME’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT OR SERVICE. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.
You agree that the laws of Ukraine, without regard to principles of conflict of laws, shall govern both these Terms and any dispute that might arise between you and Hushme in relation to your use of the Hushme Sites and these Terms.
You also agree that any disputes shall be referred to and finally resolved by arbitration administered by the International Commercial Arbitration Court (“ICAC”) in accordance with the Arbitration Rules of the International Commercial Arbitration Court (“ICAC”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Ukraine. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
If you are a consumer based in the European Union, the preceding paragraph on arbitration does not apply, and you may make a claim in a competent court of the country in which you reside.
These Terms and other legal notices published by Hushme on the Hushme Sites applicable to an activity you engage in shall constitute the entire agreement between you and Hushme concerning the Hushme Sites. If any of the provisions of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these Terms, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and Hushme’s failure to assert any right under these Terms shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the Hushme Sites must commence within one (1) year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer these Terms, but Hushme may assign these Terms without restriction.
You agree to indemnify, defend and hold Hushme, its affiliates, officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the Hushme Sites and/or any action by you which violates any law, regulation or rights of a third party.
The Hushme Sites may contain links to third-party websites. You acknowledge and agree that Hushme does not control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by Hushme of the third-party websites. If you access such websites via the links, you do so at your own risk.
Without prior notice, Hushme may terminate your license to access the Hushme Sites and/or your user account if you violate or breach the Terms or for any other reason, including Hushme’s discontinuance of the Hushme Sites. In the event of termination, provisions on prohibited conduct, electronic communications, user accounts, downloads, user feedback and unsolicited ideas, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.
8 The Green, STE 4377 Dover, DE 19901 USA
