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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITE. These Terms of Use constitute an agreement between Hernest and you. We recommend that you print out a copy of these Terms of Use for your records.
By using our site, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use our site.

I.YOUR ACCOUNT AND PASSWORD

1.If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.

2.We have the right to disable any account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

3.If you know or suspect that anyone other than you knows your login details, you must promptly notify us ASAP at the email address reflected at the bottom of each page of our site.


II.ACCEPTABLE USE POLICY

1.In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of Shop Instagram and any other interactive feature of our site.

2.When using our site you must not: (a) circumvent, disable or otherwise interfere with any security related features of the site or features that prevent or restrict use or copying of the content accessible via the site; (b) give any false information in your account details; (c) take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organization; (d) use the site if we have suspended or banned you from using it; (e) send junk, spam or repetitive messages; (f) engage in any illegal or unlawful conduct; (g) modify, interfere, intercept, disrupt or hack the site; (h) misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the site, any site user’s equipment or have a detrimental impact on any site user’s experience of using the site; (i) collect any data from the site other than in accordance with these Terms of Use; (j) submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive; (k) abuse, harm or bully another site user, member of our staff or person; (l) submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or (m) submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).

3. Failure to comply with the Acceptable Use Policy constitutes a serious breach of these Terms of Use and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use the site; (b) immediate, temporary or permanent removal of any User Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

4.The responses described above are not limited and we may take any other action we reasonably deem appropriate.


III.INFEINGEMENT AND REPORT POLICY

1.If you believe that content available through the site:

(a) infringes your rights or any rights of a third party you represent; or

(b) otherwise breaches the Acceptable Use Policy,

please tell us immediately by email at the address presented at the bottom of each page of our site.

2. When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Acceptable Use Policy.

We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Acceptable Use Policy. We are not obliged to discuss or inform you about our chosen course of action following a report from you.


IV.INTELLECTUAL PROPERTY RIGHTS

1. We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site's content is prohibited. This prohibition includes, but is not limited to:

(a) making commercial use of our site's content;

(b) reproduction of our products by name, logo, trade marks or any other content available on our site; and

(c) downloading or copying any of our site content for yourself or for a third-party.

2.If you wish to make any use of material on our site other than that set out above, please contact us by email at the address presented at the bottom of each page of our site.


V.RIGHT TO ACCESS

YOU MUST BE AT LEAST AGE 13 TO USE OUR SITE. By using our site, you affirm that you are over age 13. If you are under age 13, you may not access or use the site. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF OUR SITE.


VI.OUTAGES

Hernest periodically schedules system downtime for our site for maintenance and other purposes. Unplanned system outages also may occur. You agree that Hernest has no responsibility and is not liable for: (a) the unavailability of any of our site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of our site, any Internet service providers or otherwise.


VII.DISCLAIMER AND LIABILITY

1. Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.

2. We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.

3.Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.

4. In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.

5. We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.

6. Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.

7. If you are browsing our site as a consumer, then nothing in these Terms of Use or any additional terms limits any consumer’s legal rights which cannot be changed by these Terms of Use.


VIII.VARIATIONS

Hernest reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or our site. Your use of our site following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding our site. If we request, you agree to sign a non-electronic version of these Terms of Use.

We will notify you of any change to these Terms of Use by updating the "Last Updated" date at the top of this page.


IX.SEVERABILITY

If any of these Terms of Use is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.

X.JURISDICTION AND APPLICABLE LAW

Our sites are intended for users who reside in the United States of America. Hernest makes no representations or warranties that our sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use our site outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Hernest reserves the right to limit the availability of our site and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.


XI.CONTACT US

All questions, comments or complaints about these Terms of Use or our site are welcome. Please do not hesitate to contact us via email at the address presented at the bottom of each page of our site if necessary.