PLEASE READ THESE TERMS OF USE, WHICH INCLUDES OUR PRIVACY POLICY, BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HICHICA.

Thank you for visiting www.hichica.com (the “Site”) which is operated by HiChica (“HiChica”, “we”, “us”, or “our”)! We hope you find our Site informative and enjoyable. Please read these Terms of Use carefully because by using our Site, using, downloading or installing any software and/or content provided herein (“Content”) available from or through our Site (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy and when we refer to our Terms of Use, we mean it shall include our Privacy Policy as well.

  • The services and content of the pages of this website is for your general information and use only. HiChica reserves the right to modify or discontinue its service or any user account for any reasons. It is subject to change without notice.
  • You must be at least 13 years old.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or services on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • It shall be your own responsibility on your data. We refuse to be held responsible for any downtime or data loss.
  • Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Law that Applies; Interpretation and Modification

You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of San Francisco, State of California, to adjudicate and resolve any dispute with HiChica, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms of Use are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time.  Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

Copyright Violations

HiChica respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HiChica’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is HiChica’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide HiChica’s Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website athttp://www.copyright.gov).

DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you would like to submit a claim of copyright infringement, please substantiate each claim by sending HiChica’s registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:

Copyright Agent:  yvonne@hichica.com

 A Notification of Alleged Infringement must include the following information:

(a) Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

(b) Identification of the copyrighted material claimed to have been infringed.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled.

(d) Information reasonably sufficient to permit HiChica to locate the material that is claimed to be infringing or to be the subject of infringing activity.

(e) Information reasonably sufficient to permit HiChica to contact you, such as a physical address, email address, and telephone number.

(f) 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.

(g) 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.

Limitation of Liability

The use of the Site and Content is at your own risk and are provided “as is.” Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, HICHICA AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, HiChica shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

Indemnification
You agree to defend, indemnify, and hold HiChica, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.