Member Subscriber Terms & Conditions
As used below, the words “you” and “your” mean the subscriber; the words “HEYTODD.COM,” “we,” “us” and “our” mean HEYTODD.COM, its affiliated sites, digital communications and all other properties, its affiliates, subsidiaries, successors and assigns; the word “device” means the personal computer, tablet, smartphone or other electronic device you are using to view this page; and “payment method” means the credit card, debit card, bank account or the Apple Pay default card information you provide to us from time to time in connection with a subscription. Please print or save to your device a copy of this page.
This site or application (“Website”) is owned or managed by HEYTODD.COM. HEYTODD.COM owns and operates this website (hereafter, the “Website,” which shall also include any other websites owned or operated by HEYTODD.COM, services related to such operation, or any communications related to HEYTODD.COM). All references hereafter to HEYTODD.COM shall include HEYTODD.COM and, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of HEYTODD.COM.
1. Continuous Subscription Terms and Right To Cancel
All subscriptions are CONTINUOUS, which means your subscription will continue and you will be billed until you cancel the subscription. By providing your payment method information and clicking the “REGISTER” button as your electronic signature, you accept a CONTINUOUS SUBSCRIPTION, which means your initial subscription will automatically renew until canceled. You have the right to cancel service at any time. To cancel, go to YOUR ACCOUNT and click the “CANCEL YOUR MEMBERSHIP” link under “Actions”. We do not accept written correspondence sent by U.S. mail or otherwise. You will be charged for any service prior to cancellation.
2. Automatic Payment Authorization for Digital Subscriptions
By providing your payment method information and clicking the “REGISTER” button as your electronic signature, you authorize us to initiate charges/debits to your payment method automatically to pay each of your periodic payment amounts when due. Initial prices and your billing periods are set forth on the Registration Page. Future Prices may be higher. We reserve the right to increase rates at any time. You will be notified in advance of any change in rates. Charges will be made to your payment method as of the due date of each payment or the next business day and in the amount of the payment due. This authorization will remain in effect until it is cancelled by you or us. You may cancel this authorization at any time. To cancel, go to YOUR ACCOUNT and click the “CANCEL YOUR MEMBERSHIP” link under “Actions”. We may cancel automatic payments at any time if any payment is returned by your financial institution unpaid.
3. Electronic Communications Disclosure Statement and Consent
By providing your payment method information and clicking the [PLACE ORDER] button as your electronic signature, you confirm that you have read the disclosures below and you agree to receive billing statements and other notices, disclosures, documents and all other communications (collectively, “communications”) from us in electronic form.
If you are under 18 years, you need your parents’ permission before becoming a member and accessing the Site.
Your Membership is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Site using your username and password.
You are responsible for every use of the Site that occurs in conjunction with use of your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorised use of your membership, username or password.
Membership is based on periodic subscription fees which are detailed on the [ABOVE]. Your membership, or access to Content and areas of the Site, will be suspended or cancelled if we do not receive the fees for your subscription type.
5. Availability and Use of the Site
The Site will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend your access to the Site or the provision of the Site’s services and Content, for maintenance, technical or other reasons.
When accessing and using the Site and its services and Content, you must comply with directions, instructions or protocols posted on the Site.
We are pleased to be able to offer a wide range of exclusive Content on the Site for your entertainment, which we aim to regularly add to. The Content will be updated, changed or removed from time to time, at our discretion, so we can’t guarantee that specific Content will always be available on the Site.
6. Copyright & Trademark Notice
Use of Intellectual Property. The Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, HEYTODD.COM or any other logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by HEYTODD.COM or by other parties that have provided rights thereto to HEYTODD.COM.
Unless otherwise permitted by this Agreement, you may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Website, in whole or in part, without the express written permission of HEYTODD.COM.
Other trademarks, service marks, product names and company names or logos appearing on this Website that are not owned by HEYTODD.COM may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, Website may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this Website, or frame this Website, or any web page or material herein, nor may any entity include a link to any aspect of this Website in an email for commercial purposes, without the express written permission of HEYTODD.COM. Further, unless otherwise expressly permitted, you agree not to link to HEYTODD.COM’s Intellectual Property so as to cause you or anyone else to access HEYTODD.COM’s Intellectual Property other than through this Website.
7. Copyright Infringement
HEYTODD.COM respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Website, you are granting permission to have this material posted on this Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. HEYTODD.COM reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights HEYTODD.COM may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
8. Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
723 W. University Avenue
Georgetown, TX 78626
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HEYTODD.COM to locate the material.
- Information reasonably sufficient to permit HEYTODD.COM to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
9. Fair use and prohibited conduct
Your membership is subject to a ‘fair use’ policy. Our ‘fair use’ policy requires that your use of the Site and the Content must be fair, genuine and reasonable. We will use our reasonable discretion to decide whether a member has complied with the ‘fair use’ policy.
You must not use scripts to automatically mass download Content.
You also must not:
a. use a false email address, impersonate others, or misrepresent your affiliation with others;
b. insert advertising, branding or other promotional content into the Site or Content;
c. attempt to gain unauthorised access to computer systems or materials through the Site;
d. engage in automatic gathering of information from or through the Site (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses);
e. attempt to interrupt or alter the Site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine );
f. use the Site or the Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or
g. except as allowed in these Membership Terms, copy, distribute, transmit, modify or otherwise exploit the Content or any other data or code made available through the Site.
10. User Code of Conduct
We reserve the right, but are not obliged, to monitor all matter posted to the Website. We are not responsible or liable for material posted by others. We do, however, reserve the right to edit, refuse to post or to remove matter that in our discretion is objectionable or in violation of these Membership Terms, our policies or applicable law.
In accessing and using this Website, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes.
- Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Website, or any postings which advocate illegal activity.
- Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
- Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Deliver, or provide links to, any postings containing defamatory, false or libelous material. Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver. Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this HEYTODD.COM service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Website or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to this Website, any related website, other accounts, computer system, or networks connected to this Website, through hacking, password mining, or any other means. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website, including harvesting or otherwise collecting information about others such as email addresses.
- Fees – Except where otherwise provided, HEYTODD.COM reserves the right to charge a fee for access to or use of this Website, at any time in the future. Your access to or use of this Website before such time does not entitle you to use of this Website without charge in the future.
11. Privacy and Protection of Personal Information
11. Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE AND/OR INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE OR INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. HEYTODD.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEYTODD.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. HEYTODD.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. HEYTODD.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
HEYTODD.COM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, HEYTODD.COM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Limitations on Liability
In no event shall HEYTODD.COM, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this Website or any information, software, products, services, and related graphics obtained through this Website; (vi) any transactions entered into through this Website; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Website and Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if HEYTODD.COM has been advised of the possibility of damages.
You agree to indemnify and hold harmless HEYTODD.COM, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Website. You agree to cooperate fully with HEYTODD.COM in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
15. Advertisements, Sponsorships, Co-Promotions and Other Partnerships.
HEYTODD.COM may display advertisements for the goods and services of a third party on the Website, including in connection with co-promotions, sponsorships and other similar partnership arrangements. HEYTODD.COM does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this Website.
15. Refusal, suspension or termination of membership
We may, in our discretion, immediately restrict, suspend or terminate your membership and access to the Website if we consider you in breach of these Membership Terms, any other Site rules, or applicable law.
We reserve the right to refuse membership in our discretion.
16. Changes to Membership Terms
We may change these Membership Terms from time to time, but we will notify members before doing so. You will be given the opportunity to cancel your subscription if you do not want to accept the changes. If you do not opt out in this way, your continued subscription to and use of the Website will be an acceptance of the updated Membership Terms.
17. Applicable Laws
We control and operate the Site from our offices in Texas. The laws of Texas govern these Membership Terms, and you and HEYTODD.COM submit to the jurisdiction of the courts there.
YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME. To cancel, go to YOUR ACCOUNT and click the “CANCEL YOUR MEMBERSHIP” link under “Actions”.