We offer our service through our website at www.haystack.tv
according to our Terms of Service below. By using the service on our website
you accept and agree to be bound by these Terms of Service and each of its
provisions. You may not use our service and you may not accept these Terms of
Service if you are not of a legal age to form a binding contract with
If you have questions about these Terms of Service,
please email us at email@example.com
To receive the service at Haystack website, you must
first register with us by providing fully accurate personal information as we
may reasonably require, which may include without limitation your name and email
address; you agree to keep all the personal information updated and correct.
Upon your registration to us, you become eligible to receive the service you
have selected. After registering with us, you are responsible for maintaining
the confidentiality of your account credentials and for restricting access to
your computer. Moreover, you agree to accept responsibility for all activities
that occur in your account.
We may provide automatic service alerts and account-related
alerts. Automatic service alerts may be sent to you. You can modify your
communication preference at any time. Account–related alerts are sent to
you as part of
service. Alerts will be
sent to the email address you have provided as your primary email address for Haystack.
If your email address changes, you are responsible for informing us of that change.
Anyone with access to your email will be able to view the content of these
alerts. At any time you may disable future alerts.
There may be links from Haystack, or from communications you receive from Haystack, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within Haystack. Haystack also includes third-party content that we do not control, maintain or endorse. Functionality on the service may also permit interactions between the service and a third-party web site or feature, including applications that connect the Service or your profile on the service with a third-party web site or feature. For example, Haystack may include a feature that enables you to share content from our service or your content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords. Haystack does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Haystack is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
LIABILITY AND WARRANTY DISCLAIMERS
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE Haystack SITE ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. Haystack HEREBY
DISCLAIMS ALL OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE
OF DEALING, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR TITLE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HAYSTACK BE LIABLE TO YOU, ANY PARTY
YOU REGISTER FOR SERVICES OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. OTHER THAN PURSUANT TO THE
SERVICE PROMISE, IN NO EVENT SHALL THE TOTAL LIABILITY OF HAYSTACK UNDER
THIS AGREEMENT OR REGARDING SERVICES EXCEED THE GREATER OF ONE THOUSAND DOLLARS
($1000). Some jurisdictions do not allow certain limitations of damages so the
foregoing may not apply to you.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the Haystack TV Services, including through a link, infringes your copyright, you should notify Haystack TV of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Haystack TV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Haystack TV's copyright agent at firstname.lastname@example.org (subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Attention: Copyright Agent
Haystack TV, Inc
370 Convention Way
Redwood City, CA 94063
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Haystack TV Services that is reasonably sufficient to enable Haystack TV to identify and locate the material; (iv) how Haystack TV can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to email@example.com for purposes other than communication about copyright infringement may not be answered.
Haystack TV has a policy of terminating repeat infringers in appropriate circumstances.
INDEMNIFICATION OF Haystack
You agree that you will be responsible for any damages
resulting from any violation of these Terms of Service. You further agree to
indemnify and hold
Haystack and its
affiliates, officers, directors, agents and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of these Terms of Service, or any violation of
any law or the rights of any third party that occurs in connection with your
use of the
GOVERNING LAW AND FORUM FOR DISPUTES
These Terms of Service shall be governed by the laws of the State of Illinois, without regard to any laws that would direct the choice of another state's laws and, where applicable, to be governed by the federal laws of the United States.
We reserve the right to make changes to these Terms of Service and our other legal notices at any time. By continuing to use this Web site following our posting of such changes, you agree to be bound by these Terms of Service as modified. We may change, restrict access to, suspend or discontinue the Haystack site, or any portion of thereof, at any time.
HOW WE COLLECT AND USE YOUR INFORMATION
Haystack obtains information from and about you in a number of different ways, including:
As many other Websites, we gather web server log file information automatically such as your IP address, browser type, referring/exit pages, web pages visited, operating system and domain name of your Internet service provider. We use this information to administer our website, understand how visitors navigate through our website and to improve visitors' experience when using our website. In addition, we may provide general Information about our customers, sales, website traffic patterns and related information to our affiliates or third parties.
Personally identifying information
You must provide certain personally identifying information to us as part of the registration process in order to receive the services defined in Haystack's Terms of Service. We will not rent or sell your personally identifying information to other companies or individuals, unless we have your consent.
Communications with Haystack
The website contains links to other websites, including those to third party referral websites. We are not responsible for the privacy practices of such other websites. We encourage you to learn about the privacy practices of those other websites.
We occasionally conduct consumer surveys to learn about your views on our products. We use the survey data for research and to improve our services. We may share the aggregate survey results with the media and our partners. We never share any survey information about specific response unless that individual consents.
HOW WE SHARE YOUR PERSONALLY IDENTIFYING INFORMATION
We may provide your personally identifying information to companies that provide services to help us with our business activities such as web site analytics or offering customer service. These third parties are authorized to use your personally identifying information only as necessary to provide these services to us. We may also disclose your personally identifying information.
OPT OUT FROM Haystack' COMMUNICATIONS
If you register at the website, you may receive marketing communications from our affiliates, or us including but not limiting to a welcome email and notification emails. If you do not wish to receive such communications, you may update your preference by following the instructions in those communications. Regardless of any such notice from you, we may still contact you about services for which you have registered.
Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. If you have any questions about security on our website, you can send us an email at firstname.lastname@example.org.
We post customer testimonials/comments/reviews on our web site which may contain personally identifiable information. We do obtain the customer's consent via email prior to posting the testimonial to post their name along with their testimonial.
Our service is not intended for children under 13. Children aged 13 or older should not submit any personally identifying information without the permission of their parents or guardians. By using our service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents' or guardians' permission to use our service.
CHANGES TO THIS PRIVACY STATEMENT