Terms of Use

Please read these Terms of Use ("Agreement" or "Terms of Use") carefully before using the services offered by Herond Browser. This Agreement sets forth the legally binding terms and conditions for your use of the Herond Web Browser and all related services, including, without limitation, any features, content, websites, or applications offered from time to time by Herond in connection therewith (collectively "Services"). By using the Services in any manner, you agree to be bound by this Agreement.

Last updated: June 26, 2023

Acceptance of Terms

The Service is offered subject to acceptance without modification of all of these Terms of Use and all other operating rules, policies, and procedures that may be published from time to time in connection with the Services by Herond. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Herond from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. Herond may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use

Herond reserves the right, at its sole discretion, to modify or replace any of the Terms of Use or change, suspend, or discontinue the Service (including, without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Herond website or Service or by sending you an email. Herond may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Other Policies

If you believe that material or content residing on or accessible through the Service infringes a copyright, please review Herond's Copyright Dispute Policy at the bottom of these Terms of Service.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. For purposes of the Terms of Use, the term "Content" includes, without limitation, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. By way of example, and not as a limitation, you shall not:

Use the Service in any manner that violates any applicable laws or regulations.

Use the Service to engage in any illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable conduct.

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.

Upload, post, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Upload, post, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

Upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitation.

Upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

Engage in any activity that would interfere with or disrupt the Service or the servers or networks connected to the Service.

Violate any applicable laws or regulations regarding the transmission of technical data or software exported from the United States or the country in which you reside.

Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means.

Collect or store personal data about other users without their express permission.

Modify, adapt, translate, or reverse engineer any portion of the Service.

Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

Use or attempt to use another user's account, service, or system without authorization from Herond or create a false identity on the Service.

Herond reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including, without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities. By using the Service, you acknowledge that Herond has no obligation to monitor your access to or use of the Service or to review or edit any Content but has the right to do so for the purpose of operating the Service, ensuring compliance with these Terms of Use, or complying with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Trademarks & Patents

All trademarks or registered trademarks associated with the Herond Browser brand, including logos, marks, and designations, belong to Herond. The property rights of all other trademarks mentioned on this website are retained by their respective owners. The use of the trademarks and logos displayed on this website without the prior written consent of Herond or their respective owners is strictly prohibited. It is possible that portions, features, and/or functionality of Herond's products are protected by Herond patent applications or patents.

Termination

Herond Browser may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Use, which may result in the forfeiture and destruction of all information associated with your account. In addition, either party may terminate the Services for any reason and at any time upon written notice. If you decide to terminate your account, you can do so by following the instructions on the Service. Please note that any fees paid under these Terms of Use are non-refundable. Upon termination, all rights and licenses granted to you in this Agreement shall immediately terminate. However, certain provisions of this Agreement, including warranty disclaimers, indemnity, and limitations of liability, shall survive termination as they are necessary to uphold the intended rights and obligations even after termination.

Disclaimer

ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. The Herond Browser Service (including, without limitation, the Herond Browser and any content) is provided "as is" and "as available" without warranty of any kind, express or implied. There are no warranties, representations, or guarantees, whether expressed or implied, including but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Any warranties implied by any course of performance or usage of trade are expressly disclaimed. It is important to note that some states may not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold Herond, its affiliates, and each of their employees, contractors, directors, suppliers, and representatives harmless from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, arising from or related to: (i) Your use or misuse of the Service. (ii) Your violation of the Terms of Use or any applicable laws, contracts, policies, regulations, or other obligations. In the event of any such claim, Herond reserves the right to assume the exclusive defense and control, and you agree to assist and cooperate with Herond in defending against any such claim.

Miscellaneous

The Terms of Use constitute the entire agreement between you and Herond regarding the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Herond regarding the Service. If any provision of the Terms of Use is deemed unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise any right provided herein shall not be considered a waiver of any further rights under the Terms of Use. Herond shall not be held liable for any failure to perform its obligations hereunder due to circumstances beyond Herond's reasonable control. The Terms of Use are personal to you and may not be assigned or transferred by you without Herond's prior written consent. Herond may assign, transfer, or delegate any of its rights and obligations under the Terms of Use without requiring consent. The Terms of Use do not create an agency, partnership, joint venture, or employment relationship between the parties, and neither party has the authority to bind the other in any way. Unless otherwise specified, all notices under the Terms of Use must be in writing and will be considered duly given upon receipt, if personally delivered or sent by certified or registered mail with a return receipt requested. Notice will be deemed received when electronically confirmed, if transmitted by facsimile or email, or two days after sending, if sent for next day delivery via recognized overnight delivery service.

Copyright Dispute Policy

Herond respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Herond has implemented the following Copyright Dispute Policy to address copyright infringement claims.

Reporting Copyright Infringement

If you believe that your copyrighted work has been infringed upon by a user of the Herond Browser, please promptly notify us by sending a written notice to our designated Copyright Agent, including the following information: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are involved, a representative list of such works. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, along with information reasonably sufficient to locate the material. Sufficient contact information, including your full name, address, telephone number, and email address. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Counter-Notification

If you believe that a notice of copyright infringement has been wrongly filed against you, you may send a counter-notification to our designated Copyright Agent, including the following information: Your physical or electronic signature. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. Your full name, address, telephone number, and email address. A statement that you consent to the jurisdiction for the judicial district in which your address is located, and that you will accept service of process from the person who provided the original copyright infringement notification or an agent of such person. A physical or electronic signature (typing your full name will suffice) of the user submitting the counter-notification.

Repeat Infringers

Herond reserves the right to terminate user accounts that are found to be repeat infringers of copyrighted material.

Contact Information

All copyright infringement notices and counter-notifications should be sent to us via email at the following address: [email protected]. Please consult your legal advisor before filing a copyright infringement notice or counter-notification. Misrepresentations of copyright infringement may result in legal consequences.

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