Helium Account Agreement

This Helium Account Agreement (the “Agreement”) creates and account and allows you to contribute to Helium.  This Agreement is legally binding on you, and will affect your rights regarding information and material you post, upload or add or that others post, upload or add (“Content”). Other agreement(s) may have additional terms regarding ownership or use of Content; The terms “you” and “your” refer to you, the account holder. “Helium,” refers to Helium, Inc., which includes Helium Network, Helium owned websites and urls, and Helium Content Source

1. Your Account

To contribute to Helium, you must create an account (“Account”). By creating an Account, you warrant the information you provide is accurate, current and complete, and that you will keep it up to date. You agree not to share or transfer your password or other Account access information with any other party. You shall bear sole responsibility for all use and activities of your Account, and for the confidentiality of any passwords you create to access Helium. Should you notice any unauthorized use of your Account, contact Helium immediately at help@heliumnetwork.com. Helium will not be responsible for any losses that you may incur as a result of someone else using your Account. You may only open (1) Account. To enter Helium, you must be at least 13 years of age or older.

2. Content submission

You represent and warrant that the Content you submit is work of your own original authorship. You are responsible for making sure your submission of the Content and the use as outlined in this Agreement, does not violate any copyright, trademark, trade secret or other rights or the privacy of others, including the right to transmit the Content you provide to Helium and for Helium to publicly display such Content. Violations are considered a breach of this Agreement.

3. Indemnity

You agree to indemnify and hold Helium and its parent, subsidiaries, partners, affiliates, officers, agents and employees harmless from any claim, damage, expense or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) Content that you submit, post or upload to Helium, (b) your use of Helium, (c) your connection to Helium, (d) your violation of the Agreement, or (3) your violation of any rights of a third party.

4. Applicable law

This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without application of its principles of conflicts of laws. If any provision of this Agreement is found unlawful, void or unenforceable, that provision is deemed severable from the remaining provisions of the Agreement and does not affect the validity and enforceability of any remaining provisions.

Helium makes no representations that Content is appropriate or legally available for use in locations outside the United States. By creating an Account, you agree to comply with all laws, statutes and regulations of your jurisdiction, all contracts to which you are a party, and all fiduciary obligations you may have (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) as a result of creating an Account, using Helium and/or submitting Content. By submitting information to Helium, you understand and agree that you are transferring it and submitting it via Helium’s servers in the United States.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOU EXPLICITLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF HELIUM OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

5. Modification to Agreement

Helium may modify the terms of this Agreement at any time without any prior notice. Helium is a conduit for Content you submit, and as such Helium has the right, but not the obligation, to screen, to refuse to post, or to remove any Content submitted or posted on Helium for any reason whatsoever without obligation to notify you.  Notices to you, if any, regarding changes to this Agreement may be made via links to notices on Helium or in a splash or other format upon Helium, depending on the character of message. Changes also may be posted on the Community Section (http://www.helium.com/community).

6. Cancellation of your Account

Helium has the right to cancel your Account (or any part thereof), or to exclude you from Helium, for any reason in Helium’s sole discretion, with or without prior notice. In case of cancellation, you will forfeit all rights you may have to your Account and to any then accrued or future earnings you may have otherwise been entitled to earn. Cancellation will not affect your remaining responsibilities to Helium according to this Agreement. If Helium cancels your Account, you may not open a new account under your own or an alternate name/email address. If you feel an Account cancellation was made in error, please contact Helium at help@heliumnetwork.com.

7 Helium Privacy Policy and Website Terms of Use

Helium’s privacy policy can be found at http://www.heliumnetwork.com/privacy-policy.  The website terms of use can be found at http://www.heliumnetwork.com/terms-of-use.By creating an Account, you consent to both the website terms of use and Helium’s collection, use and disclosure of the information you give to Helium in accordance with the privacy policy.

8. The entire Agreement

This Agreement constitutes the entire agreement between you and Helium with regards to Accounts and supersedes all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Helium.

9. Waiver

The failure of Helium to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

10. Headings

The headings in this Agreement are for your convenience and reference.

This Agreement constitutes a binding agreement between you and Helium, and is accepted by you upon your use of Helium. By clicking “I agree TO THE TERMS OF THE HELIUM USER AGREEMENT AND THE HELIUM PRIVACY POLICY” you represent that you are capable of entering into a binding agreement, and that you have reviewed this Agreement and agree to be bound by its terms.