Terms of Use Agreement

Effective Date of this Terms of Use Agreement: January 17, 2012

HarQen appreciates your interest in our websites, HarQen.com, VoiceAdvantage.com, ComicWonder.com and http://Symposia.HarQen.com (the "Sites"). Use of our Sites is for informational purposes only, except as otherwise stated.

PLEASE CAREFULLY REVIEW THIS ENTIRE TERMS OF USE AGREEMENT BEFORE USING THESE SITES. By using our Sites or downloading materials from our Sites you agree to abide by this Terms of Use Agreement ("Agreement"). If you do not agree to abide by this Agreement, do not use our Sites or download materials from our Sites.

Information About Us

The Sites are operated by HarQen, INC. ("We"). We are registered in the state of Wisconsin, U.S.A. and have our registered office at 1830 N. Hubbard St. Suite 700, Milwaukee, WI 53212, United States. Our main trading address is 1830 N. Hubbard St. Suite 700, Milwaukee, WI 53212, United States.

Privacy Policy

The personal information you submit to our Sites are governed by our Privacy Policy http://harqen.com/policies/privacy and, where applicable, our Safe Harbor Policy http://harqen.com/polices/safeharbor which is incorporated into this Agreement.

Limited License

Subject to the terms and conditions set forth in this Agreement, HarQen grants you a non exclusive, non-transferable license, with a limited right to access, use and display our Sites and any materials contained on our Sites. By using our Sites, you acknowledge and agree that all content, including but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to you on our Sites ("Material") is protected by our or other third parties' copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

You may view and download the Material contained on our Sites for your personal, non-commercial use only. We, or the applicable third party, if any, retain legal title to all Material or copies of the Material you may download. Your use of the Material contained on our Sites are limited in the following ways:

  • you may not modify, reproduce, copy, republish, re-post, transmit, hyperlink, merge, publicly display or distribute Material downloaded from our Sites for any public or commercial purpose;
  • if Material downloaded from our Sites contain copyright or other proprietary notices, you must retain such notices on any and all copies of the Material; and
  • any person to whom you transfer any Material from our Sites must agree to be bound by this Agreement.

Third-Party Sites

Our Sites may contain links to non-affiliated, third party sites. These links are provided solely for your convenience. If you choose to utilize any of these links, you will leave our Sites. HarQen has not reviewed these third party sites and does not control and is not responsible for any of these sites or their content. HarQen does not make any representations about any third party sites, or any information, software or other products or materials found on the sites. If you access any of the third party sites linked to our Sites, you do so entirely at your own risk.

Linking to our Sites

Any and all links to our Sites must be approved in writing by HarQen, except where:

  • the link is a text-only link containing only the name "HarQen," "Symposia," "Comic Wonder" or "Voice Advantage";
  • the link is to HarQen.com, VoiceAdvantage.com, ComicWonder.com and http://Symposia.HarQen.com, and not to deeper, internal or subsidiary pages;
  • when activated, the link will display one of our Sites on the full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked third party site;
  • the appearance, position, and other aspects of the link may neither create the false appearance that a third party or its activities, products or services are endorsed by, associated with or sponsored by HarQen; and
  • the appearance, position, and other aspects of the link does not damage or dilute the goodwill associated with the name and marks of HarQen.

Any third party use of our registered and unregistered trademarks and service marks in metatags and/or hidden text will be regarded by us as trademark infringement. Further, we will treat the use of registered and unregistered trademarks and service marks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.

  • HarQen reserves the right to revoke this consent to link to HarQen.com, VoiceAdvantage.com, ComicWonder.com and http://Symposia.HarQen.com at any time, in its sole discretion.

Uploading Material to Our Sites

Whenever you make use of a feature that allows you to upload material to our Sites, or to make contact with other users of our Sites, you must comply with the spirit of the following content standards, as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions);
  • comply with applicable law in the United States and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, deceitful, hateful or inflammatory;
  • promote sexually explicit material or violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe copyright, database right, trade mark or any other third party proprietary rights (including right to privacy);
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • advocate, promote or assist any unlawful act.

You warrant that any such contribution complies with these standards, and you indemnify us for any breach of that warranty. We have the right to remove any material or posting you make on our Sites if, in our opinion, such material does not comply with the content standards set out in this policy.

Any material you upload to our Sites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Sites.

Use of Our Sites

Your use of our Sites shall be for lawful purposes only. You shall not use our Sites for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, distasteful, offensive, controversial or otherwise objectionable, or that infringes or may infringe the intellectual property or rights of HarQen, its affiliates, or another or that violates any international, federal, state, or local law. You understand and acknowledge that HarQen or its affiliates may, in its sole discretion, terminate your access to its Sites, without notice, if we believe you have in any way violated this Agreement.

Disclaimer

NEITHER HARQEN, ITS AFFILIATES NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, SERVICING, UPDATING OR DELIVERING THE SITES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS ACCESS, USE, OR INABILITY TO USE OUR SITES OR ANY SITES LINKED TO OUR SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED ON OUR SITES IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

HarQen further does not warrant the accuracy and completeness of the content on our Sites. HarQen may make changes to the materials and services on our Sites at any time without notice. The materials and services on our Sites may be out of date and we make no commitment to update the materials and services on our Sites. Information published on our Sites may refer to products, programs or services that are not available in your country. Contact us at support@harqen.com for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You agree that any cause of action or claim that you may have relating to our Sites must be made or instituted within one year of when the cause of action or claim accrued.

Indemnification

You agree to defend, indemnify, and hold HarQen, its officers, directors, employees, agents, licensors, affiliates, service providers and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

Applicable Laws

Our Sites are controlled, operated and administered by HarQen from offices within the State of Wisconsin. HarQen makes no representation that materials on our Sites are appropriate or available for use at other locations outside of the United States and access to them from territories where their content is illegal or restricted is prohibited. You may not use our Sites or export the materials in violation of U.S. export laws and regulations. If you access our Sites from a location outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the United States and of the State of Wisconsin, without giving effect to its conflict of laws provisions.

This Agreement constitutes the entire agreement between HarQen and you with respect to your use of our Sites. If for any reason a court of competent jurisdiction finds any provision of this Agreement or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Relationship to User Agreements

Our individual sites VoiceAdvantage.com and ComicWonder.com and Symposia.Harqen.com each have user agreements which may supplement the terms of this Agreement. To the extent the terms of this Agreement are inconsistent with the terms of a user agreement, the terms of the user agreement shall control.

Changes to this Agreement

HarQen may change, revise, modify, add or remove any terms of this Agreement at any time by updating this posting. You should visit this posting from time to time to review the then-current Agreement because your continued use of our Sites after any changes to this Agreement have been posted will be deemed acceptance of any revised terms. You agree that we shall not be liable to you or any third-party for any modification or discontinuance of any materials, features, products, prices, services, information or the Sites.