By visiting or using this Helium Mobiletm mailing list website, or the services provided on any Helium Mobile web site ("Site"), you agree to these Terms of Use.
You represent that you are at least 18 (or, if you are a Puerto Rico resident, at least 21 or legally emancipated) or that you are using the Site under the supervision of a parent or guardian. We may ask you to provide accurate registration information to create an account in order to use the Site or some of its features or services. If we believe that your information is incorrect or incomplete, we may prevent you from accessing the Site or otherwise limit or restrict your use or service. Your use of the Site is limited to non-commercial, personal use only. We may grant you temporary access to the Site and a limited, non-exclusive, revocable and nontransferable license to access and use the information contained within the Site solely for your internal business use only. We may limit the number of times you can visit or log in to the Site within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the Site, or any portion thereof, at any time, without notice.
Some parts of the Site may require a user name, account name or password. If you use these features, you agree to keep this information confidential and secure. You agree to accept responsibility for all activities that occur under your user name, account, or password, and to notify Helium Mobile immediately if the confidentiality of your user name, account or password is compromised. We will not be liable for any loss that you may incur as a result of someone else using your account or password. To protect the security of the Site and your account, we may terminate or suspend your account, change your user name or password, request additional information before we authorize transactions on your account, or take other reasonable actions.
You agree not to:
The Site may have features that let you submit content or communicate with Helium Mobile, other users, and the general public, such as email, posting comments, reviews or ratings, participating in chats or forums, and uploading files. Any questions, comments, suggestions, ideas, plans, notes, drawings, images, photographs, pictures, information and other materials you submit via the Site are referred to here as "Submissions." You agree to only post, upload submit, or request, Submissions that are appropriate and related to the purpose of the Site. You represent that you own or control all of the rights necessary to grant the licenses and sublicenses to your Submission as described in these Terms of Use. By posting Submissions that contain images, photographs, pictures or that may otherwise be graphical in whole or in part ("Images"), you represent that each person depicted in any Image, if any, has provided consent to the distribution, public display and reproduction of any Image. You are fully responsible for any damage or harm resulting from your Submissions, and we assume no liability for Submissions posted or submitted by you or other users. You must not post, upload, submit or request:
For any Submission you post, upload, submit or request via the Site, you grant Helium Mobile a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to (i) use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, disclose and publicly display and perform your Submission for commercial purposes throughout the world in any media now known or hereafter developed; and (ii) publish the name that you submit in connection with your Submission, in Helium Mobile's sole discretion. You agree that you have no recourse against Helium Mobile for anyone's infringement, misuse or violation of any right you may have in your Submissions, and you irrevocably waive any "moral rights" in your Submissions. You also irrevocably agree that Helium Mobile can pursue claims against anyone who violates Helium Mobile's rights in the Submissions. You also acknowledge that we assume no responsibility for the deletion of, or failure to store or otherwise provide access to Submissions submitted by you or others. No compensation will be paid with respect to the use of your Submission as provided in these Terms of Use. By submitting your email address in connection with your Submission, you agree that Helium Mobile and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes. If you are under the age of 18 (or, if you are a Puerto Rico resident, under the age of 21), we will honor your request to remove any Submission you previously posted, uploaded, or submitted on the Site. To request Submission removal, please contact: hello@hellohelium.com
Parties other than Helium Mobile may display and make available content, data, services and products through the Site. You acknowledge that Helium Mobile is not a publisher of, does not control or endorse, and is not responsible or liable for, any such third party content. The Site may contain links to websites operated by parties other than Helium Mobile. You acknowledge that we do not control those websites and we are not responsible for their content, their privacy practices, or any other policies provided on those websites.
For information about how we collect, use and share information related to your use of the Site or our services, please refer to our Privacy Policy.
Except for Submissions, the Site and its content, software, and services (together, "Materials") are the property of Helium Mobile and its suppliers and is protected by copyright, trademark, service mark, and other proprietary or intellectual property rights ("Intellectual Property Rights"). We reserve all of our rights in the Materials. If any service on the Site includes the provision of a specific IP address, URL or other designation for your use, you acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that we may change your IP address, URL or other designation at any time.
The trademarks, service marks, logos, designs, icons, graphics, product and service names, company names and other source identifiers displayed or presented on the Site are registered or unregistered trademarks of Helium Mobile, its suppliers or other third parties, and may not be copied, imitated or used, in whole or in part, without prior written permission of Helium Mobile or their relevant owners. Please note that the mark "Helium" is a registered trademark of Decentralized Wireless Foundation, Inc. (dba the Helium Foundation), used by permission. Nothing contained in this site may be construed as a grant of a license or right of use of any trademark displayed in this site without the prior express written permission of Helium Mobile or its relevant owner, by implication, estoppel, or otherwise. A reference to any products, services, processes, or other information does not constitute or imply any endorsement, affiliation, sponsorship, approval or recommendation by Helium Mobile.
Helium Mobile respects the Intellectual Property Rights of others and is committed to complying with U.S. Copyright laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.
If you believe that material available on the Site or residing on our system or network infringes a copyright of yours or a third party for whom you are authorized to act, please notify our Designated Agent by using the procedures described in the DMCA and below. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. Our Designated Agent under the DMCA ca be contacted at hello@hellohelium.com.
The notice must include the information as provided by the DMCA, 17 U.S.C. § 512(c) (3):
If you believe that material you have placed on Helium Mobile's system or network has been removed by mistake or as the result of an improper take down notice, you may send our Designated Agent, identified above, a "counter notification" containing the following information as provided by the DMCA, 17 U.S.C. § 512(g)(3):
There are substantial penalties for sending false notices. It is Helium Mobile's policy, in appropriate circumstances and in its sole judgment, to suspend or terminate the Service of any subscriber, account holder, or user who is deemed to be a repeat or blatant infringer of copyrights.
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, ANY MATERIALS INCLUDED ON, DOWNLOADABLE FROM OR OTHERWISE ACCESSIBLE VIA THE SITE, OR ANY SERVICES OR PRODUCTS AVAILABLE FOR PURCHASE VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT. FURTHER, HELIUM MOBILE DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. HELIUM MOBILE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY. THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AVAILABLE FOR PURCHASE ON THE SITE OR USED IN CONNECTION WITH THE SERVICES IS A WARRANTY PROVIDED BY THE PRODUCT MANUFACTURER(S), WHICH IS EITHER INCLUDED WITH THE PRODUCT ITSELF OR CAN BE OBTAINED FROM THE MANUFACTURER(S).
IN NO EVENT SHALL HELIUM MOBILE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY MATERIALS, EVEN IF HELIUM MOBILE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HELIUM MOBILE (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE SITE OR ANY SITE-RELATED MATERIALS OR SERVICES, EXCEED $5.00.
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 to you, and you may have additional rights. In such states, Helium Mobile's liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless Helium Mobile, and our officers, directors, employees, agents, licensors and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of: (i) your violation of these Terms of Use; (ii) your use of the Site; (iii) any Submissions you supply; or (iv) your violation of any law or the rights of a third party.
These Terms of Use are governed by and will be enforced under the Federal Arbitration Act, applicable federal law, and the laws of the state of California as they are applied to agreements entered into and to be performed in California.
You agree that this electronic document and any other electronic agreement, notice, or other communication that we provide to you meets any legal requirement that such communication be in writing.
We may change these Terms of Use without advance notice. Please visit this page periodically to see the most current Terms of Use that govern your use. If any part of these Terms of Use is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms of Use will continue in full force and effect. Helium Mobile's failure to enforce strict performance of any part of these Terms of Use does not waive any of our rights. Helium Mobile may assign its rights and duties under these Terms of Use to any party at any time.