Welcome to Hub.
We provide an application that allows people to create and manage communities, message community members and create profiles through the Hub mobile application and website accessible at gethubapp.com. This site will be known as the “App”.
Read through the following Terms of Service carefully, since it contains important information about your legal rights, obligations and remedies. The Terms of Service also contain limitations and exclusions and a dispute resolution clause that governs how disputes shall be resolved. The App (and its content) is fully owned and operated by Presdo Inc (“the Company”).
2. Modification of the App or Terms of Service
The Company reserves the right at its sole discretion to modify, discontinue or terminate the App, or to change, add to or remove portions of these Terms of Service at any time without further notice. If the Company does this, it will post the revised Terms of Service on this page and it will indicate the date that these terms were last revised at the top of this page. The revised Terms of Service shall be effective immediately after they are posted on the App (unless a longer notice period is required by law). After any such change, your continued use of the App implies your acceptance of the new Terms of Service. If you do not agree to these or any future Terms of Service, do not continue to use or access the App. It is your responsibility to regularly check the App to determine if there have been changes to these Terms of Service and to review such changes.
To access certain features of the App, and to post certain User Content, you will have to create an account to become a “Registered User”. You must be 13 years of age or older. When you register, you may be asked to choose a password. You are responsible for safeguarding your password and agree not to disclose your password to any third party. You agree that you are solely responsible for any activities taken under your password, whether or not you have authorized such activities. You shall immediately notify the Company of any unauthorized use of your password. You agree that the information that you provide to the App upon registration, and at all other times will be true, accurate, current and complete.
4. Intellectual Property Rights and Ownership
Certain types of content are made available through the App. “Content” as used in these Terms of Service means, collectively, the text and data made available through the App, excluding User Content. “User Content” as used in these Terms of Service means, collectively, the text, messages, content and other information which Users submit to the App. The Company reserves the right to remove and permanently delete any Content or User Content from the App without notice.
You may access and use the App and Content for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App, Content, User Content without prior written permission. The Company and its licensors own all right, title and interest, including all worldwide intellectual property rights in the App, Content and the trademarks, service marks and logos contained therein other than your User Content.
b. User Content
You are solely responsible for the content that you submit to the App, or transmit to other Users. You agree that the Company may, but is not obligated to, review the App and may delete or remove (without notice) any Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Terms of Service, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the App.
(i) License Grant. The Company does not claim ownership rights to your User Content. However, by posting User Content to any part of the App, you grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the App or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to the Company. The Company shall own all right, title and interest in and to all derivative works and compilations of User Content that are created by the Company, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by the Company to give the Company the full benefit of the rights granted to the Company by you.
You may remove your User Content from the App at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain backups of your User Content.
(ii) Limitations. You acknowledge and agree that the Company may, at its option, establish limits concerning User Content, including without limitation the maximum size of text or any other information that may be entered or uploaded to the App. The Company shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Content.
(iii) Disclaimer. The Company has no ability to control the User Content that is uploaded, posted or otherwise transmitted using the App and does not have any obligation to monitor such User Content for any purpose. The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
5. Termination and Cancellation
The Company may terminate or suspend your access to the App and remove any material (including User Content) from the App or our servers, for any reason, or no reason, at any time in its sole discretion without notice to you. Further, if the Company believes, in its sole discretion, that a violation of the Terms of Service has occurred, the Company may take other corrective actions as deemed appropriate. The Company reserves the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any User Content. The Company may gather information from Users, Registered or otherwise, who are suspected of violating these Terms of Service. You agree to provide us with such information. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Content or other materials that are believed to violate these Terms of Service.
You may terminate your App account at any time and for any reason by sending an email to firstname.lastname@example.org. Any termination or suspension shall not affect your obligations to the Company under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which shall survive termination or suspension.
6. User Conduct
The Company wants to promote an environment where Users can safely interact with each other. You agree not to do any of the following while accessing or using the App:
- register for a User account on behalf of another individual;
- falsely represent yourself, impersonate another person or entity, or create a false identity on the App;
- use or try to use another User’s account;
- collect other Users’ email addresses or other contact information from the the App using electronic or other means for sending unsolicited emails or communications;
- submit or transmit any unsolicited or unauthorized promotional materials, advertising, solicitations, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- circumvent, disable or otherwise interfere with security related features of the App or features that prevent or restrict use or copying of any Content;
- intimidate or harass other Users;
- upload, email, or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name of each person (to the extent each is implicated by the User Content) and such consent or permission in necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- submit or transfer content, in the sole judgment of the Company, which is objectionable or inhibits another User from effectively using the App, or which may expose the Company or its Users to harm or liability;
- submit or store any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- submit or transfer User Content that constitutes, encourages or provide instructions for a criminal offense, violates the rights of any entity, or create liabilities or violates any local, state, national or international laws;
- use the App in any unlawful manner or in any other manner that could damage, disable, overburden or impair the App;
- attempt to probe, scan or test the vulnerability of the App or impair and breach any security or authentication measures protecting the App;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App.
7. Copyright Complaints
The Company respects the intellectual property rights of others and prohibits Users from submitting or otherwise transmitting any materials using the App that violate another party's intellectual property rights. When the Company receives proper Notification of Alleged Copyright Infringement, the Company will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act. If you believe that any material on the App infringes upon any copyright which you own or control, you may send a written notification of such infringement to the Company’s Copyright Agent at:
c/o Presdo, Inc.
465 Fairchild Drive, Suite 128
Mountain View, CA 94043
8. Third Party Links
The App may provide links to other web sites (“Third Party Apps”) or other resources from the App. Information on Third Party Apps are not investigated, monitored or checked for accuracy, offensiveness, opinions, reliability, privacy practices or other policies, and the Company is not responsible for any Third Party Apps accessed through the App. Inclusion of or linking to the use of any Third Party Apps does not imply approval or endorsement by the Company. You take sole responsibility for and assume all risk arising from your use of any such websites or resources. If you decide to leave the App and access Third Party Apps, you do so at your own risk and you are aware that our terms and policies no longer govern. You should review the applicable terms and policies of any site to which you navigate, including privacy and data gathering practices.
You and the Company agree that except as otherwise stated, the sole and exclusive forum and remedy for any dispute and claim relating to or arising out of these Terms of Service, the App shall be final and binding arbitration. To the extent that either of us has in any manner infringed upon or violated the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth, then the parties acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought.
Arbitration under this Terms of Service shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Your use of the App, Content and User Content is at your sole discretion and risk. The App, Content and User Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. The Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT AND USER CONTENT, 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. The Company disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the App; or (ii) that the App, Content and User Content will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Company, shall create any warranty not expressly stated in this Agreement. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
11. Indemnification and Limitation of Liability
You agree to defend, indemnify, and hold the Company, its officers, directors, employees and agents, subsidiaries and affiliates, and each of their officers, directors, employees and agents, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including, without limitation, reasonable attorney's fees, arising out of or in any way connected with (i) your access to or use of the App, Content and User Content; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party.
You acknowledge that since no fees are paid to the Company, you shall be limited to injunctive relief only, unless otherwise permitted by law, and you shall not be entitled to damages of any kind from the Company, regardless of the cause of action.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply, and you may have additional rights.
These Terms of Service constitute the entire agreement between you and the Company concerning the use of the App, and supersedes any prior agreement between you and the Company relating to your use of the App. This Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, excluding that body of law pertaining to conflict of laws. The Company’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of this right or provision in this or any other instance. If any provision of this Terms of Service is held to be invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or unenforceable, that provision shall be deemed severable from these Terms of Service but shall not affect the validity and enforceability of the remaining provisions.
The Company welcomes your feedback. You may submit feedback by emailing us at email@example.com. You acknowledge and agree that any questions, comments, suggestions, ideas, or other information about the App (“Feedback”) provided by you to the Company or any of its employees or representatives are non-confidential. The Company shall own a non-exclusive license to the unlimited use of the Feedback, including without limitation the right to reformat and translate it, for commercial or other purposes and its dissemination without acknowledgment or compensation to you.
If you have questions about these Terms of Service or about the App, contact the Company at firstname.lastname@example.org or send a written request to:
465 Fairchild Drive, Suite 128
Mountain View, CA 94043
United States of America