Terms of Use

PHV TERMS OF USE

Date of last revision: September 2021

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE PHV PLATFORM.

You are reading these Terms because you are using a PHV website, digital experience, mobile app, or one of our other products or services, all of which are part of PHV’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console or other technology, which we refer to here as a “Device”. Your service provider’s normal rates and fees apply to your Device.

These Terms create a legally binding agreement between you and PHV and its affiliates (which we may refer to as “PHV”, “we”, “us” or “our”) regarding your use of the Platform. A few important points:

1. GROUND RULES

Rules for Registration. When you register for an account with us, the following rules apply:

Be True: Provide accurate and current registration information.
Be You: Keep your registration personal. Do not register for more than one PHV account, register a PHV account on behalf of someone else, or transfer your account.
Be Secure: Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
Be Responsible: Inform PHV immediately of any unauthorized use of your PHV account. You are responsible for anything that happens through your PHV account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PHV IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORISZD USE OF YOUR ACCOUNT.

2. OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") – is owned by PHV or others we license Content from, and is protected by copyright, trademark, patent and other laws. PHV reserves all rights not expressly described in these Terms.

All trademarks, service marks and trade names are owned, registered and/or licensed by PHV. You do not acquire a licence or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.

You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

To the extent PHV approves the download or use of Content comprised of copyrights or copyrightable works, PHV grants you a limited, personal, non-transferable, non-sub licensable, and revocable licence to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as PHV makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. PHV reserves the right to monitor your use and to alter or revoke this licence or your access to the Content at any time and for any reason. PHV reserves the right to take down any Content in violation of these terms or PHV’s intellectual property rights. PHV allowing you this limited use does not constitute a waiver of any of PHV’s rights to the Content.

Outside of the specific usage rights granted to you by PHV in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without PHV’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

3. POSTING CONTENT ON THE PLATFORM

User Content Licence. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content”. PHV is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to PHV as described below:

You represent that you have the right to post your User Content, and you grant PHV a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide licence to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. PHV may, in its sole discretion, remove any User Content at any time.

You understand that deleted User Content may persist in PHV’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.

LICENCE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback or ideas you send us are provided on a non-confidential basis and you grant to PHV a perpetual, worldwide licence to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

4. IMPORTANT DISCLAIMERS

The Platform, Content, and the materials and products on this Platform are provided "AS IS”. We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise.

PHV does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.

To the fullest extent permitted by law, PHV disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.

We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.

5. TERMINATION

PHV may terminate or modify any PHV Platform, product or service at any time without notice.

PHV may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to PHV, subject to applicable law.

You understand and agree that some of your User Content, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.

These Terms remain in effect even after your account is terminated or you have stopped using the Platform.

6. INDEMNIFICATION/LIMITATION OF LIABILITY

Indemnification and RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. [See Canada, France, Germany and Hong Kong terms.] You agree to indemnify, defend, and hold harmless Power HV Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “PHV Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the PHV Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. [See Canada, France, Germany, Hong Kong and Philippines terms.] NONE OF THE PHV PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A PHV EVENT OR PHV PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF PHV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST PHV IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF PHV IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, PHV'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.