Read The Fine Print

Acceptance of terms

BY USING AND/OR VISITING this service (collectively, including all Content available through the Helio.com domain name, the "Helio Service", or "Site"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF HELIO'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.helio.com/legal/privacy_policy , AND INCORPORATED HEREIN BY REFERENCE. Helio reserves the right to change this service at any time, including by charging fees for the use thereof. If you do not agree to any of these terms, then please do not use the Helio Service

Intellectual Property Rights

The content on the Helio Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Helio, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

How end users can use the content

Content on the site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Helio reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Helio Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Helio Service or the Content therein. No commercial use is permitted of the Helio service or any Content or User Submission.

User Submissions and confidentiality

You understand that whether or not such User Submissions are published, Helio does not guarantee any confidentiality with respect to any submissions.

Copyright

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Helio to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Helio all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Helio or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business:; (v) impersonate another person or (vi) submit material that violates any rules, regulations, or policies of the Federal Communications Commission or other governmental entities or competent jurisdiction.

User Submissions and ownership rights

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Helio, you hereby grant Helio a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Helio Service and Helio's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Helio Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Helio Service a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Helio Service.

User Submissions and ownership rights

You also hereby grant each user of the Helio Service a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.

User Submissions and ownership rights

The foregoing license granted by you shall be terminated once you remove or delete a User Submission from the Helio Service.

Right to remove user content

Helio does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Helio will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Helio reserves the right to remove Content and User Submissions without prior notice.

Helio also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Helio may remove any User Submissions and/or terminate a User's access for uploading any material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Right to cancel a user account

Helio will also terminate a User's access to its Site, if a User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice.

Recourse for a copyright owner

In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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; and
(vi) 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.
Helio's designated Copyright Agent to receive notifications of claimed infringement is: Terri Miki, Helio LLC, 10960 Wilshire Blvd., Suite 700, Los Angeles, CA 90024, email: tmiki@Helio.com, telephone: 310-445-7000, fax: 310-445-7001. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Helio customer service through http://www.helio.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Liability for content

You understand that when using the Helio Service, you will be exposed to User Submissions from a variety of sources, and that Helio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Helio with respect thereto, and agree to indemnify and hold Helio, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Age restriction

You affirm that you are either (i) more than 18 years of age, or an emancipated minor, or (ii) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 14, as the Helio Service is not intended for children under 14. If you are under 14 years of age, then please do not use the Helio Service.

Legal jurisdiction

You agree that: (i) the Helio Service shall be deemed solely based in California; and (ii) the Helio Service shall be deemed a passive site that does not give rise to personal jurisdiction over Helio, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Helio that arises in whole or in part from the Helio Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice at http://www.helio.com/legal/privacy_policy and any other legal notices published by Helio on the Site, shall constitute the entire agreement between you and Helio concerning the Helio Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Helio's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Helio reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Helio Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND HELIO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HELIO SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.