Hedron Terms of Use

1. Welcome to Hedron

This Terms of Use agreement (the “Agreement”) is a binding contract between you and Hedron, LLC ("Hedron", “Tabletop Mirror”, “we”, “us”, or “our”). It governs your rights and responsibilities related to your use of the Hedron platform and any associated mobile applications, software, and websites (collectively, the “Platform”), and any additional services we may introduce.

• Engaging with the Platform, whether you create an account or not, means you agree to these Terms and our Privacy Policy.
• To establish an account on the Platform, you must be at least 13 years old. If you are a minor, your parent or guardian must agree on your behalf.
• We will periodically revise these Terms. The most current version will always be available on the Platform. By continuing to use the Platform, you accept the most recent version of the Terms. If you disagree, please refrain from using the Platform.
• Violating this Agreement may result in the termination of your account and prohibition from further use of the Platform.

2. Our License to You

Hedron grants you the right to use the Platform solely for personal, non-commercial purposes. Any other uses, particularly commercial ones that we do not explicitly permit, are forbidden unless covered by a separate agreement. When utilizing the Platform, you agree to abide by all applicable laws related to your use of the Platform.

3. Your Account

1. Account Requirements. To access all features of the Platform, you need to register for an Account. For this, you must be at least 13 years old. If you are not yet the age of majority in your jurisdiction, a parent or guardian must register on your behalf.
2. Third-Party Sign-In. We may require the use of third-party sign-in services, such as Google, to allow you to create an Account on the Platform. Your use of these services is subject to that third party’s user terms and privacy policy.
3. Account Security. You, and only you, are accountable for activities on your Account. You agree to safeguard your username and password. In case of password loss or any other breach of your Account, notify us immediately. By creating an Account, you permit us to send communications related to your Account and to the Platform. We may do this via a message on your Account, email, text message, or other contact information you provide through your Account.
4. Your Username. Hedron aims to be a friendly environment for our users, so you are prohibited from selecting a username that is offensive, vulgar, or obscene. Additionally, you cannot choose a username that includes someone else's name, a brand name, or trademark without authorization.
5. Transfers. You may not sell, transfer, or assign your Account or any rights or obligations under this Agreement to any third party without the prior written consent of Hedron.
6. Messages from Hedron. You understand that we may send you business-related communications through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.

Marketing-related email messages will be accompanied by instructions for opting out.

4. Your Content

1. Your Content and License Grant. Any communications or material of any kind that you post, email, message, or otherwise transmit to Hedron or the public on or using the Service, including but not limited to any stories, characters, maps, campaigns, and any photographs, images, chats, emails, comments, sound and voice recordings, music, data, questions, comments, or suggestions are known as your “Content.”

   Hedron does not own your Content. By posting Content, you represent (i) that you are the owner of the Content or have all of the necessary rights to share them, and (ii) give Hedron permission to use, copy, distribute, modify, publish, perform, display, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis anywhere in the world solely for the purposes of operating the Service, in accordance with any permissions specified by you with respect to your Content in your Account. This license will end when your Content is deleted from our systems, at your request or otherwise.

2. Content Sharing. Without limiting the license granted above, the Platform may feature certain functionality for you to control which users you share your Content with, whether keeping it private, sharing with specific users, and sharing to all users, etc. However, Hedron makes no guarantees that the Content will be kept private or that other users either will, or will not, be able to access any Content.
3. Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which:
   • is threatening, bullying, defamatory, abusive, obscene, extremely violent, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
   • is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
   • constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
   • is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
   • encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
   • restricts, inhibits, or discourages any other user from using the Platform;
   • hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Platform experience;
   • violates any local, state, federal or international laws or gives rise to civil liability;
   • violates or infringes any third-party rights (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
   • imposes an unreasonable or disproportionately large load on the Platform or otherwise interferes with the Platform;
   • is a “chain letter,” or constitutes “junk mail”;
   • specifies or claims that that you are affiliated with Hedron when you are not, including without limitation an “Administrator,” “Moderator,” “Game Master,” or any other employee or agent of Hedron;
   • requests login information from other users;
   • “spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
   • uses or possesses programs to “crack” the Platform or other Internet security tools;
   • contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Platform; or
   • anything else that Hedron, in its sole determination, deems offensive or harmful to the Platform or to Hedron’s integrity or business.

If you see any of the above while using the Platform, please let us know at [email protected].

5. Payments

1. Subscriptions and other Platform Purchases. We may offer subscriptions, one-time purchases, and other opportunities to pay for various aspects of the Platform, which could include paid content, additional features, or other promotions. If you agree to purchase a subscription made available on the Platform through your Account, you authorize us to charge your payment method at the start of each agreed-upon subscription period, until you cancel the subscription within your Account or by contacting us. This payment is a pre-payment for access to the applicable Platform features throughout the subscription period, and is non-refundable.
2. Payment Obligations. All charges are non-refundable unless expressly stated otherwise, or unless you reside in a jurisdiction that requires refunds to be made available. You are responsible for paying all fees and applicable taxes associated with any paid portions of the Platform, using an accepted payment method. If we approve a refund or are required by law to do so, we will process the refund within a reasonable time.
3. Changes to Fees. You agree that we may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any portion of the Platform. We will use reasonable efforts to inform you of any changes through a message to your Account.

6. Hedron Intellectual Property; Support

By using the Platform, you agree not to alter or remove any copyright or trademark notices present on the Platform. You acknowledge that Hedron is the proprietor of any copyrights and trademarks on the Platform, unless the content is owned by third parties who license those rights to us. You also agree not to reverse engineer or decompile the Platform. Lastly, you acknowledge that we are not obligated to provide any customer or technical support for the Platform, and that we are not responsible for any issues if we choose not to provide support. However, we might offer support to you when you contact us at [email protected].

Linked Services and Third-Party Content

We may include content on the Platform from Hedron, users, or other third parties, which may link to other products, services, and content which is not on the Platform (“Linked Services”). Hedron does not exercise control over content from Linked Services. When you interact with these links or leave the Platform, you acknowledge that Hedron is not responsible for those Linked Services, nor do we guarantee their content or functionality. You also agree that we are not endorsing or sponsored by those Linked Services. Any dealings or relationships between you and any parties found through the Linked Services are solely between you and that party.

8. Term, Termination, and Modification

1. Term and Termination. These Terms become effective when you start using the Platform (whether you have an Account or not) and continue to be in effect as long as you use the Platform. You acknowledge that we may terminate this Agreement with you or the Platform entirely at any time, at our sole discretion. This might occur if we discontinue the Platform or if we determine that you have breached these Terms. If we terminate these Terms, be aware that we are not liable for any refunds, and you must cease using the Platform immediately.
2. Modifications. We may modify these Terms occasionally. If we do, we will notify you either through the Platform itself or through the contact information on your Account. By continuing to use the Platform, you agree to the latest version of the Terms. If you wish to terminate this agreement or delete your Account, you can inform us by messaging at [email protected].

Copyright Complaints – Digital Millenium Copyright Act

If you are a copyright owner or their agent, and you believe that any content on the Platform infringes your copyright rights, you may submit a DMCA notification in writing to us with the following information:

• 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 are claimed, a list of those works on the Platform.
• Identification of the material that is claimed to be infringing and that is to be removed or disabled, with sufficient detail to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number.
• A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You can send these notices to [email protected].

10. No Warranties

1. Disclaimer of Warranties. We expressly disclaim any warranty in, to, or for the Platform. The Platform is provided “As Is,” without any express or implied warranty of any kind. We expressly disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, or continuous operation. You assume the entire risk associated with your use of the Platform.

   We do not warrant or assume responsibility for the accuracy or completeness of any content, information, text, graphics, links, or other items contained within the Platform. We make no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. We further expressly disclaim any warranty or representation to any third party who may operate or otherwise utilize the Platform.

   We cannot guarantee the integrity of the Platform or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Platform is loaded and operating.

2. Enforceability. Because some states or jurisdictions do not allow the disclaimer of certain express and implied warranties, in such states or jurisdictions, Hedron’s liability will be limited to the fullest extent permitted by law.

11. Limitation of Liability

1. Limitation of Liability. You agree that Hedron is not liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) arising out of your use of, or inability to use, the Platform, or the use or inability to use the Platform by any third party that may have access to the Platform by or through you, even if we have been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise. We have no liability with respect to user conduct, the content of the Platform or any part of the Platform, including but not limited to, errors or omissions, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
2. Other Limitations. We have no liability with respect to any third-party content, including but not limited to User Content, advertisements, videos, images, or other content displayed as part of the service. We are not a backup service, and you agree and acknowledge that we have no liability to keep backups or archive copies of your User Content or any Service Content, and you agree not to rely on us to do so. We are not liable for any loss of any content whatsoever.
3. Enforceability. The limitation of liability set forth here may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Hedron’s liability will be limited to the fullest extent permitted by law.

12. Indemnification

You agree to indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of User Content or Service Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection with that breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Platform.

13. Privacy Policy

Your privacy is important to us. To protect your privacy, we will treat any personal information that you upload, or that is otherwise collected and shared by the Platform, according to our Privacy Policy located at https://ttm-official.sfo3.cdn.digitaloceanspaces.com/Privacy-Policy.pdf.

14. Disclosures Required By Law

As part of our operation of the Platform, we reserve the right to disclose any information, including personally identifiable information about you, as necessary to stay compliant with any applicable law, legal process, or governmental request. We reserve the right to fully cooperate with any authorities or court orders requesting or directing us to disclose the identity of anyone publishing or otherwise making any materials available that are believed to violate this Agreement.

BY ACCEPTING THESE TERMS YOU WAIVE ALL RIGHTS AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

15. Dispute Resolution and Governing Law

Except to the extent that the applicable laws of your jurisdiction otherwise require, these Terms are governed by California law. Subject to Section 16 below, you agree to submit to the exclusive jurisdiction of the courts in or near Mountain View, California to resolve all disputes arising from or related to these Terms.

For EU users only: If there is a dispute relating to the interpretation, performance, or validity of these Terms, an amicable solution can be sought before any legal action. You can file your complaint with Hedron by sending a message via email to [email protected]. In case we can’t come to an amicable solution, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. If out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

16. Binding Arbitration

1. Resolving Disputes. Any dispute or claim relating in any way to your use of the Platform will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Additionally, each claim needs to be brought individually, and not joined with any other arbitration, in a class, consolidated, or representative action, or as a private attorney general. The Federal Arbitration Act and federal arbitration law apply to these Terms and this binding arbitration agreement. Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator has to follow these Terms as a court otherwise would. Court review of the arbitration award is limited.
2. Initiating Arbitration. To start an arbitration, you must send a letter to our address here describing your claim and requesting arbitration. We will then begin the proceedings through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267.
3. Fees. The payment of the initial filing fees will be made by the party filing the claim, and any other filing and other fees will be divided as directed by the JAMS rules. If the arbitrator determines that the claims are frivolous, the party defending the claims may seek attorneys’ fees and costs.
4. Location. Arbitration will take place in Mountain View, California, but you can choose to participate by telephone or Internet connection or through written submissions.
5. Waiver. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND HEDRON WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Notwithstanding the terms of this Section, either of us may bring a suit in court to enjoin infringement or other misuse of intellectual property rights.
6. Severability. You and Hedron agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.

17. Miscellaneous Terms

1. Force Majeure. Hedron is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Hedron, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Hedron’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
2. Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hedron as a result of this Agreement or your use of the Platform.
3. Assignment. Hedron may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Hedron’s prior written consent, and any unauthorized assignment by you will be null and void.
4. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
5. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
6. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
7. Remedies. You hereby agree that Hedron would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
8. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Hedron with respect to the Platform and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Hedron with respect to the Platform.