This Software (“HIBster”) is owned and operated by Educational Development Software (“EDS” “we,” or “us”). Please read these Terms and Conditions (“Terms”) carefully before using this Software. Your use of this Software constitutes acceptance of these Terms. If you do not agree to these Terms, please do not use this Software. We reserve the right to change, add, or remove any of these Terms at any time by posting changes on this page. Your continued use of this Software following the posting of changes to these Terms means you accept such changes.
You expressly agree that you will not use this Software for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user name, including but not limited to the content of any Technology that are made using services provided through this Software. Any unauthorized commercial use of this Software, EDS’s servers, or Internet infrastructure, is expressly prohibited. Without EDS’s prior written consent, you may not reproduce, distribute, modify, display derivative works based on, repost, or otherwise use the content of this Software. Nothing contained in these Terms shall be construed to provide any license or right under any copyright or other intellectual property right. EDS reserves the right to monitor, review, retain, and disclose any information collected from or about you related to your use of the Software that is necessary to satisfy any applicable law, regulation, legal process, or legitimate governmental request.
Registration and Passwords
To use this Software, you may be required to register with us. By registering, you agree to provide accurate and complete information about yourself and to maintain and update the information. During the registration process, you may be asked to designate a user name and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you.
Disclaimers / Limitation of Liability
You use this Software at your own risk. Neither EDS nor any other party involved in creating, producing, or delivering this Software is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, this Software. The material contained on this Software may contain inaccuracies and errors. EDS does not guarantee that the functional aspects of the Software will be uninterrupted or error-free or that this Software or the server that provides it are free of viruses or other harmful components. EVERYTHING ON THE SOFTWARE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
EDS assumes no responsibility and shall not be liable for any damages to your computer or other equipment, or for any effects of viruses or other malware that may affect your computer or other property, related to your access to or use of this Software, or related to your downloading of any materials, data, text, images, video, or audio from this Software.
EDS has not reviewed all of the sites that you may link to from this Software. Such sites may contain information or material that some people may find inappropriate or offensive. EDS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from any site. We offer links to other Softwares to you only as a convenience, and our inclusion of any link on this Software does not imply endorsement of the linked-to Software. Your dealings with third parties accessed through this Software, including payment and delivery of goods or services offered by such third parties, are solely between you and such third parties. You agree that EDS is not responsible or liable for any loss or damage you incur as a result of your dealings with such third parties through this Software.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Software are registered and unregistered trademarks of EDS and others. Your misuse of the Trademarks displayed on this Software is strictly prohibited. Nothing contained on this Software should be construed as granting any license or right to use any Trademark displayed on the Software without the written permission of EDS or such third party as may own the Trademark.
All the material you see or read on this Software or download from our servers is protected by copyright unless otherwise stated and may only be used according to these terms and conditions. Any unauthorized use of such material may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other Technology regulations and statutes. EDS does not warrant or represent that your use of materials displayed on this Software will not infringe rights of third parties who are not owned or affiliated with EDS.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible through this Software in a way that constitutes copyright infringement, you may notify us by providing EDS’s Copyright Agent with the following information: the electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, and a description of the infringing activity; a description of the location of the material that you claim is infringing; your name, address, telephone number, and email address; and a statement by you, made under penalty of perjury, that the above information is accurate and that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. EDS’s agent for notice of claims of copyright infringement can be reached at the following address: Educational Development Software., 1910 Minno Drive, Suite 210, Johnstown, PA. 15905 USA.
These Terms are governed by the laws of the United States of America and the Commonwealth of Pennsylvania without regard to conflicts of law provisions. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the Commonwealth of Pennsylvania. If you use this Software from locations outside the U.S., you are responsible for compliance with local laws and regulations. Use of this Software is unauthorized in any jurisdiction that does not give effect to all these Terms, including without limitation this paragraph. The failure of EDS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.