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hevcadvance.com

Terms of Use

Last updated: March 2015

HEVC Advance, LLC
28 State Street
Boston, MA 02109
info@hevcadvance.com

Welcome! Please take a moment to scroll down and read these Terms of Use.

This Site is directed towards patent professionals only. It is not directed towards general public or consumers.

HEVC Advance, LLC (“HEVC Advance,” “we,” “us,” or “our”) owns and operates the website located at hevcadvance.com (the “Site”). By visiting the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use. If you do not agree with these Terms of Use, then please do not access the Site. These Terms of Use may be updated by us from time to time without notice to you.

Use of Personal Data.
Your use of the Site may involve the transmission to us of certain personally-identifiable information (the “Personal Information”). Our policies with respect to the collection and use of Personal Information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

Request for License.
If you are a patent professional and wish to obtain information about the license for the portfolio of patents essential to the HEVC/H.265 standard (the “HEVC/H.265 Standard Patent Portfolio”), you can send a request to us through the Site by providing your first name, last name, company name, email address and phone number. Upon receipt of your request, we may send you pricing information and a summary of the license terms (“License Summary”) via email. You may also view/download the License Summary and any other information available from our Site. If you would like to receive a copy of the HEVC Advance patent license agreement (“HEVC Advance Patent License Agreement”), you will have to send us a request by following the instructions on our Site. Upon receipt of your request and verification of your credentials, we may send you a printed copy of the HEVC Advance Patent License Agreement. You hereby represent and warrant that (i) all information you submit to us is truthful and accurate, and you will maintain the accuracy of such information, and (ii) You will not, directly or indirectly, copy, upload, post, publish, transmit, reproduce, create derivative works of, sublicense, resell or distribute the HEVC Advance Intellectual Property (defined below), or any portion thereof, except as otherwise permitted under these Terms of Use.

HEVC Advance Intellectual Property.
We retain all rights, title and interest in and to the Site, and all content and information available through the Site, including, but not limited to the License Summary, the HEVC Advance Patent License Agreement and the HEVC Advance Trademarks (as defined below) (collectively, the “HEVC Advance Intellectual Property”). The HEVC Advance Intellectual Property may be owned by us or our Licensors, and is protected under both United States and foreign laws. You may view, copy and reproduce the HEVC Advance Intellectual Property for your or your company’s internal use only; provided that you agree to and abide by the terms and conditions contained here. You must retain all copyright and other proprietary notices contained in the original HEVC Advance Intellectual Property on any copy or reproduction you make of the HEVC Advance Intellectual Property. Except as expressly permitted in these Terms of Use, you have no rights in or to the HEVC Advance Intellectual Property.

HEVC Advance Trademarks.
HEVC Advance is the owner or Licensee of certain trademarks, service marks and logos (registered and unregistered) (the “HEVC Advance Trademarks”). Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to HEVC Advance. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the HEVC Advance Trademarks displayed on this Site without our prior written permission in each instance. All goodwill generated from the use of the HEVC Advance Trademarks will inure to our benefit.

Community Guidelines.
By accessing and/or using the Site, you hereby agree that:

  • You will not use the Site for any unlawful purpose;
  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
  • You will abide by these Terms of Use at all times;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
  • You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, or files related to the Site through hacking, password or data mining, or any other means.

Unsolicited Information.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, subsidiaries, shareholders, or its or their respective officers, directors, members, employees, agents, managers, contractors, subcontractors, suppliers or representatives (collectively, the “HEVC Advance Parties”) may use such Unsolicited Information for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, any of the HEVC Advance Parties are free to use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Disclaimer and Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE, INCLUDING, WITHOUT LIMITATION, THE HEVC ADVANCE INTELLECTUAL PROPERTY, ALL CONTENT, FUNCTIONS, INFORMATION, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE HEVC ADVANCE PARTIES WARRANT THAT THE SITE, THE HEVC ADVANCE INTELLECTUAL PROPERTY, ALL CONTENT, FUNCTIONS AND MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE HEVC ADVANCE PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE.

IN NO EVENT SHALL ANY OF THE HEVC ADVANCE PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF HEVC ADVANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL HEVC ADVANCE’S LIABILITY FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS HEVC ADVANCE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR THE CONTENT IS TO STOP USING THIS SAME.

External Sites.
This Site may contain links to third-party websites (“External Sites”), but HEVC Advance does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification.
You agree to defend, indemnify, and hold the HEVC Advance Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the Site, and (iii) your violation of any intellectual property or other right of any third party.

Compliance with Applicable Laws.
The Site and the content, functions, or materials made available to you through the Site are intended to comply with the laws and regulations of the United States of America, and though accessible to users outside of the United States, are intended to be used only by residents of the United States that are age 13 years or older. We make no claims concerning whether the Site, or any content, functions, or materials made available to you through the Site may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, or any content, functions, or materials made available to you through the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination.
We may terminate these Terms of Use and your access to all or any part of the Site at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.

Copyright Complaints.
If you believe this Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

  • An electronic or physical signature of 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;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • 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
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact our Copyright Agent by regular mail, please write to:

HEVC Advance, LLC
Peter Moller
8 Southwoods Blvd., Suite 410
Albany, NY 12211

To contact our Copyright Agent by email, please write to dmca@hevcadvance.com, with COPYRIGHT NOTICE in the subject line.

Miscellaneous.
In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, and the sections entitled Indemnification, Disclaimer and Limitation of Liability, HEVC Advance Intellectual Property and HEVC Advance Trademarks shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of New York. In the event of a dispute arising under or relating to these Term of Use (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in New York, New York may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York, New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, HEVC Advance may litigate in court to seek injunctive relief.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address info@hevcadvance.com.