We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
We are committed to the adherence of ethical standards that: protect and preserve the rights of users of our site and our assessment tool, uphold the integrity of How To Fascinate, and promote professionalism in the administration of the assessment.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
By using our assessment tool, you acknowledge and agree that the content provided by you as well as the conclusions and assessment derived therefrom may be used by us for research, innovation, case studies, and commercial purposes in our discretion. Your assessment data may be aggregated for research and comparison purposes. In certain circumstances, the assessment may have been ordered or arranged for by an employer or management consultant for a variety of purposes. The engagement of our company and the use of our assessment tool by a sponsoring organization, employer or third-party consultant is solely and wholly that party’s responsibility and the use of your data under such circumstances is subject to such parties’ independent policies. You agree that we may share your assessment results with the organization or individuals who purchased or sponsored your assessment including but not limited to employers, potential employers or third-party consultants. You may revoke such consent upon written request to How to Fascinate.
UNSOLICITED SUBMISSION POLICY
Please do not send your unsolicited ideas to How to Fascinate. In the event that you disregard this policy and submit to How to Fascinate any unsolicited idea (i) you will be granting How to Fascinate and its affiliates, permission to use your unsolicited idea in connection with the operation of its businesses, including, without limitation, the right to copy, distribute, display, edit, reproduce, translate and reformat your unsolicited idea and (ii) you warrant and represent that you own or otherwise control all of the rights to unsolicited idea submitted by you. Moreover, no compensation will be paid with respect to your unsolicited idea. How to Fascinate will not be subject to any obligation of confidence with respect to your unsolicited idea.
Consent to use Content
You acknowledge that How to Fascinate has the right but not the obligation to use and display any postings or contributions of any kind and that How to Fascinate may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not How to Fascinate. Neither How to Fascinate nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, How to Fascinate neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized How to Fascinate representative while acting in his/her official capacity.
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WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
You agree at all times to defend, indemnify and hold harmless How to Fascinate, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Interactive Features and Acceptable Use Policy
This Site may include a variety of features, such as bulletin boards, web logs, blogs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site.
The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate use of the services. This list is provided by way of example and shall not be considered exhaustive.
It is a condition of your use of the Site that you do not:
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- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
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- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
How to Fascinate may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. How to Fascinate or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by How to Fascinate staff, How to Fascinate outside contributors, or by users not connected with How to Fascinate, some of whom may employ anonymous user names. How to Fascinate expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of How to Fascinate or any of its subsidiaries or affiliates.
How to Fascinate has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. We may from time to time send email verification of your user information including username and password to the email address you provided.
Limitation of Liability
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Copyright and Trademarks
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by How to Fascinate infringe your copyright, you, or your agent may send to How to Fascinate a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon How to Fascinate actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to How to Fascinate a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. How to Fascinate Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Info@howtofascinate.com
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All disputes arising out of or related to this website or any of the products and services offered herein are subject to Arbitration. Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions, and without waiving either party’s right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.
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You may download material displayed on the site for your personal and noncommercial uses but you must keep all copyright, trademark and other proprietary notices shown on the materials. It is prohibited and not permitted for you and other users, without express written permission from How to Fascinate to distribute, change, send, transmit, reuse, repurpose, copy, re-post, or use the content of the site for display to the public or for commercial uses, including the text, copy, images, audio, and video without How to Fascinate’s express written permission.
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How to Fascinate maintains websites including HowToFascinate.com for users personal information and education. It is based on Sally Hogshead’s knowledge and expertise in crafting brand messages for corporate and personal brands throughout the world. The Fascination Advantage Assessment is not a psychology test, it is based on branding and no medical or psychological service or training is provided.
You may download material displayed on the site www.HowToFascinate.com and this and other materials that you download for your own noncommercial, personal use but you must keep visible and unchanged all copyright and other proprietary notices contained on the materials. While you can download for personal use materials on the site and/or purchased from How to Fascinate, you cannot distribute digitally or in hard copy, modify, transmit, repurpose, remake, re-post, or use the content of the site, the site for public or commercial purposes. The limitation applies to all parts of the site including the text, images, audio, and video and may not be so used without How to Fascinate’s express written permission. The Fascination Advantage Assessment may not be reengineered or changed or altered in any way.
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Terms and Conditions of Use
All materials on How to Fascinate’s site and downloaded from How to Fascinate, are copyrighted and may not be used except as provided in these Terms and Conditions without the written permission of How to Fascinate. The user shall use HowToFascinate.com and all materials downloaded or otherwise obtained from How to Fascinate, for lawful purposes only. The user shall not post or transmit through HowToFascinate.com any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without How to Fascinate’s express prior approval, has advertising or solicitations with respect to products or services. No endorsement from How to Fascinate or from Sally Hogshead may be used or claimed without express, written approval of same from How to Fascinate and any such endorsement may be revoked or withheld subject to our sole discretion. No digital endorsement or use of the names of How to Fascinate’s products or services or Sally Hogshead may be used at any time.
Consent to use Personal Data
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You acknowledge and agree that How to Fascinate may occasionally send you communications regarding your account or the Service via email or text message. The acceptance of and use of the Fascination Advantage Assessment shall constitute Prior Express Consent to receive communications from Fascinate and its affiliates via mobile text and email. If you do not want to receive any such communications please opt out at firstname.lastname@example.org.
How to Fascinate may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Fascinate or our customers, including the enforcement of our agreements or policies governing your use of the services; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Fascinate employees, customers, or the public. We may also disclose personal information as part of a corporate transaction such as a merger or sale of assets.
Under no circumstances, including, but not limited to, negligence, shall How to Fascinate, its subsidiaries or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, How to Fascinate or HowToFascinate.com materials, products, or services, third-party materials, products or services made available through How to Fascinate, or any part of How to Fascinate ’s services or on HowToFascinate.com. The user specifically acknowledges and agrees that How to Fascinate is not liable for any defamatory, offensive, or illegal conduct of any user. If user is dissatisfied with any How to Fascinate material, products, or services or with any of How to Fascinate’s or the website HowToFascinate.com’s Terms and Conditions, the user’s sole and exclusive remedy is to discontinue using the How to Fascinate services and to stop using the website(s).
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Some of How to Fascinate’s sites contain links to other sites whose information practices may be different from How to Fascinate’s. Users should consult the other site’s privacy notices, as How to Fascinate makes no warranties regarding the information that is submitted to, or collected by these other sites.
Software and other materials from this site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this site may be downloaded or exported (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. How to Fascinate does not authorize the downloading or exportation of any software or technical data from this site to any jurisdiction prohibited by the United States Export laws.
How to Fascinate may at any time revise these Terms and Conditions by updating the Terms and Conditions posting at www.HowToFascinate.com. You are bound by any such revisions. Therefore, as you access the How to Fascinate websites, including HowToFascinate.com you should periodically visit and review the then current Terms and Conditions to which you agree by using the site.
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