PRIVACY POLICY

Effective: September 1, 2021

Hover Digital Media, LLC (“Hover Media,” “we,” “us”) recognizes and respects the importance of keeping your personal information secure.  Moreover, we believe it is important for our customers to know and understand how we keep your personal information secure.   

This Privacy Policy (the “Policy”) describes how we collect, use, communicate, disclose, and make use of your personal information when you use our Services.   Please read this Policy carefully.   This Policy applies to all information collected through our website, app, and any related services, sales, marketing, or events (collectively, the “Services”). 

By using, accessing, or licensing our Services, you agree to be bound by our Privacy Policy and our Terms of Use (hyperlink this).  If you do not agree with our Privacy Policy or our Terms of Use, you must immediately stop using our Services.           
 

Information We Collect

To best serve your needs, we periodically collect certain personal and technical information from you.

Personal Information

We collect certain personal information when you voluntarily provide it, such as when registering an account, purchasing a license to our product, or sending us messages.  This information may include your name, address, telephone number, e-mail address, date of birth, user name, credit card number, corporate information, testimonial, and any other information you voluntarily provide to us.

We collect Personal Information when you: 

  • Access and use our Services (for example, when you upload, download, collaborate on or share files or other information).

  • Participate in any interactive features of the Services.

  • Request customer support.

  • Voluntarily complete a customer survey or provide feedback on any of our message boards or via e-mail.

  • Use or view our website via your browser’s cookies.

Before or at the time of collecting personal information, we will identify the purposes for which the information is being collected.  The information is collected with the objective of fulfilling those purposes specified by us and for other compatible purposes and will only be retained for as long as necessary to fulfill those purposes.  Your personal information will be collected by lawful means and will be protected by reasonable safeguards against loss, theft, and unauthorized access.


Technical information (Cookies).  When you use our Services, we may automatically collect and store your technical information, through cookies or similar technology.  A cookie is a small data file that a site or its service provider transfers to your computer’s hard drive through your web browser, and is stored by your web browser on your computer.  We use cookies to collect standard Internet log information and visitor behavior information. Cookies help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services.

Collected information may include:

  • The Internet address from which you accessed our Services (both your IP address and MAC address)

  • The date and time you used our Services

  • Whether you are a new or returning visitor

  • The page from which you exit our Services

  • What country you are visiting from (your network location)

  • Your mobile carrier

  • The Internet address of the web site from which you linked to us

  • The name of the file or words you searched for, the items clicked on a page, and the browser and operating system used

  • The average number of pages visited and the average time spent on our Services.

We use cookies in a range of ways to improve your experience on our website and in our Services and app, including:

  • Keeping you signed in to your account

  • Remembering your account preferences

  • Understanding how you use our Services

  • Improve site functionality and user experience

There are several different types of cookies.  Our Services use the following types of cookies:

  • Functionality Cookies – We use functionality cookies to recognize you on our website and app and to remember your previously selected preferences. These could include what language you prefer and the location you are in. A mix of first-party and third-party cookies are used.

  • Advertising Cookies – We use advertising cookies to collect information about your visit to our website or app, the content you viewed, the links you followed and information about your browser, device, your IP address, the date and time of your visit, the words you searched for, the items you clicked on, and the page you last visited before exiting our Services.  We sometimes share some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

You can set your browser to not accept cookies. If you do not accept cookies, some of the features that make your site experience more efficient will be disabled, and some of our services may not function properly as a result.


How We Use The Information We Collect

We want to provide you with the best possible Internet experience.  In order to make your experience a pleasant one, we collect information that allows us to, without limitation:

  • Provide services to you through our Services

  • Develop and display content and advertising tailored to your interests on our website or app

  • Identify your product and service preferences

  • Customize our communications to you

  • Improve, upgrade, or enhance our customer service

  • Share your positive testimonials or feedback with others

  • To assess how our users interact with or use our Services

  • To identify system performance or problem areas.

  • To investigate, prevent, or respond to violations of our Privacy Policy or Terms of Use, suspected fraud, potential threats to the safety of others, or potential illegal activity.

  • To regain information needed to comply with legal obligations, resolve disputes, and enforce agreements

We use Google Analytics to analyze user patterns on our website.  Google Analytics uses cookies to allow us to see how you use our website so we can improve your experience.  Google’s ability to use and share information collected by Google Analytics, about your visits to the site, is restricted by the Google Analytics Terms of Use available at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy available at http://www.google.com/policies/privacy/

You can prevent Google Analytics from recognizing you on return visits to the site by disabling cookies in your browser.  If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on available at https://tools.google.com/dlpage/gaoptout.

We use remarketing services to advertise to you on third-party websites, after you visit our website.  This allows us to display advertisements to visitors who may not have completed a task on our website, such as filling out a request for information or purchasing items in their cart.  Remarketing may take the form of an advertisement on the Google search results page, a site in the Google Display Network, or an ad network, or Facebook.

We use Google AdWords, a remarketing service provided by Google, Inc.  You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads.

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

We may use remarketing services provided by Facebook Inc.  You can learn about their advertising at: https://www.facebook.com/help/164968693837950.  To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217.

We may use other online advertising services such as Bing Ads, LinkedIn, Facebook, Instagram, Spotify, and others.

We also may use Google's "cross-device functionality" to show ads to signed-in Google-users who have chosen to allow Google to display personalized ads by associating their web and app browsing history with their Google account.  You can disable personalized advertising through your Google account settings.

Information We Share with Others

We do not sell, rent, trade, or otherwise transfer your personally identifiable information to outside parties without advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential.

For example, we may share your personally identifiable information with the following third-party services: Google Analytics, Facebook, Twitter, Amazon AWS, Stripe, Tapfiliate, Google Fonts, Intercom.

On rare occasions, we may disclose specific information upon governmental request, in response to a court order, or when required by law to do so. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.

We also may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company
 

Data Retention

We will retain your data only for as long as is necessary for the purposes set out in this Privacy Policy.  We will retain and use your data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Links to Other Sites
We may provide links through our Services to other sites. These sites operate independently of our site and have established their privacy and security policies. We encourage you to review these policies at any site you visit.

Updating or Reviewing Your Information
You may review or update your personal information (name, address, telephone number, e-mail address, credit card number, etc.) under your account at any time.

Security

We are committed to protecting the privacy of your Personal Information.  We intend to protect against the loss, misuse, or alteration of information that we collected from you. 

We use a variety of current technologies and processes for the protection of information we collect and we limit the information we provide to third parties.  We have security measures in place to help protect information under our control from the risk of accidental or unlawful destruction or accidental loss, alteration, or unauthorized disclosure or access.  However, “perfect security” does not exist on the Internet and we cannot promise or guarantee the absolute security of your personal information.

When you make a purchase of or submit a document using our Services, your transactional information is transmitted in a safe, encrypted format. In the unlikely case of a data breach, the following steps will be followed:

 

  • Site, server and database access will temporarily be disabled

  • All of our passwords and security certificates will be changed

  • Our Users will be emailed and notified of the breach

  • An internal investigation will be started to ascertain as much as we can about the breach

  • The Hover Media site, server and databases will be re-enabled once they’ve been proven to be secure

  • Changes will be made, and documented, to prevent a similar breach in the future

  • A follow up email will be sent to all of our Users, detailing what we learned from the investigation, along with the steps to prevent future breaches

Do Not Track Requests 

“Cookies” are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

“Do Not Track” or “DNT” is a privacy preference that users can set in certain web browsers. While we are committed to providing clear, transparent, and meaningful choices about the information collected on our Site, we do not currently recognize or respond to browser-initiated DNT signals.

California Residents 

California law permits our users who are California residents to request and obtain from us information about the categories of personal information we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared your personal information in the immediately preceding calendar year.  By law, you may request this information once per year.  We must provide it to you free of charge.

If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information in the Contact Us section below.  We reserve the right to request further information to verify you are a California resident.

If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request the removal of unwanted data that you publicly post on the Services. To request the removal of such data, please contact us using the contact information provided in the Contact Us section, below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems. 

Nevada Residents

If you are a resident of Nevada, you may request we limit the sale of certain personal information to third parties for resale or licensing purposes.  You are entitled to register your preference for limits on such sales in the future by contacting us. 

Please contact us via e-mail with the subject line, "Nevada Do Not Sell Request".  You must include your first and last name, zip code, the e-mail address connected to your account, or, if you have terminated your account, then the e-mail address connected to your terminated account.  We reserve the right to require further information to verify you are a Nevada resident.


EU General Data Protection Regulation (GDPR) Notice

Under the GDPR, we are a Data Controller of your personal information.

If you are from the European Economic Area (EEA), our legal basis for collecting and using your personal information depends on the information we collect and the specific context in which we collect it. To learn how and why we collect your information read the Information We Collect and the How We Use The Information We Collect sections of this Privacy Policy.

We do not sell, rent, or trade your data. 

When we process your order, we may send your data to, and also use the resulting information from, credit card processing agencies in order to process your purchase.

How do we store your data?

We securely store your data at our service providers, who are GDPR compliant.

We will keep your data for as long as required by law, until we no longer have a valid reason for keeping it, or until you request us to stop using it. Once this time period has expired, we will delete your personal information from our servers and databases.

What are your data protection rights under GDPR?

We want you to be fully aware of all of your data protection rights under the GDPR. Every user located in a country which has adopted the GDPR is entitled to the following:

  • The right to access – You have the right to request copies of your data. We may charge you a small fee for this service.

  • The right to rectification – You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request we complete the information you believe is incomplete.

  • The right to erasure – You have the right to request that we erase your data, under certain conditions.

  • The right to restrict processing – You have the right to request that we restrict the processing of your data, under certain conditions.

  • The right to object to processing – You have the right to object to our processing of your data, under certain conditions.

  • The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at the address or e-mail identified in the Contact Us section at the end of this document.

We may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Who is the Data Protection Officer?

Christy Copley, Creative Director

Protecting Children’s Privacy Online

Our Services is not intended to be used by individuals under the age of thirteen (13).  We do not knowingly collect information from children under 13 without parental consent. If you believe we received information from an individual under the age of thirteen (13), please contact us at our email address listed in the Contact Us section below.  We will take all reasonable efforts to remove the information.  For information about the Children’s Online Privacy Protection Act (COPPA) visit the Federal Trade Commission website. 

Updates to this Policy

We may update this Privacy Policy from time to time.  If we make any material changes to this Policy, we will inform you by updating the date at the top of this policy.  You should regularly review this page to see if our Privacy Policy has changed.

We may, in our sole discretion, modify or update this Policy from time to time.  Therefore, you should periodically review this Policy.  When we make any material changes, we will update the “effective date” of the Policy.

Dispute Resolution

Your use of our Services, and any disputes arising from your use, are bound by the dispute resolution provisions identified in our Terms of Use (hyperlink this document).  Please read carefully the Terms of Use and periodically review them to be informed of the most current revisions.  

Your Consent

By continuing to use our Services, you consent to the collection and use of your Personal Information as detailed in this privacy policy.

Contact us

We always welcome your questions and feedback. Please contact us at christy@gohaversack.com for questions or to request your account, and its associated data, to be deleted from the Hover Media, and associated, servers.

TERMS OF USE

 

Hover Digital Media, LLC, a North Carolina limited liability company (“Hover Media”) provides this website and the services offered thereon (collectively “the Website”) to you subject to the following Terms of Use (these “Terms”).  If you are accessing and/or using the Website on behalf of your employer or as a consultant or agent of a third party, you represent and warrant that you have authority to act on behalf of and bind your employer or third party to these Terms. The Website is hosted in the United States.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND HOVER MEDIA.

  1. Binding Effect / Users.  These Terms set forth the legally binding terms for your use of the Website.  “Use” of or “Using” the Website includes browsing, using, or accessing all or any part of the Website and any content offered therein. Your use of the Website signifies that you have read, understand and agree to be bound by these Terms. You are only authorized to use the Website (regardless of whether your use is intended) if you agree to abide by all applicable laws and these Terms.  If you do not agree to abide by all applicable laws and these Terms, you should discontinue use of the Website immediately.

  2. Other Policies / Terms.   All policies currently posted on the Website, and all policies that may be posted by us on the Website in the future, in our sole discretion, are hereby incorporated into the Terms.

  3. Modification of Terms.  WE RESERVE THE RIGHT TO CHANGE, ADD TO, OR DELETE, PORTIONS OF THESE TERMS WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION.  If we do this, we will post such modifications on our website.  Each such modification shall be effective upon posting.  Your continued use of the Website after Hover Media posts a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.

  4. Proprietary Rights to Hover Media Content.

    1. Rights to Hover Media Content.  All content available on the Website, including without limitation, designs, text, blog posts, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, applications, music, sound and other files, and their selection and arrangement (the "Hover Media Content") are the proprietary property of Hover Media or its licensors with all rights reserved. Except as expressly provided in these Terms or permitted by Hover Media, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, post, display, frame, reproduce, republish, download or sell all or any part of the Hover Media Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Hover Media’s prior written permission.   

    2. Copyrights/Patents.  All the Website design, text, graphics, blog posts, logos, button icons, images, photos, audio clips, video clips, digital downloads, data compilations, and Hover Media Content, are owned solely and exclusively by Hover Media or its content suppliers and are protected by U.S. and international copyright or patent laws.  The compilation, “look and feel” and color schemes of all content on the Website are the exclusive property of Hover Media and protected by U.S. and international copyright laws.

    3. Trademarks. All Hover Media product and service names and logos, graphics, page headers, button icons, logos, scripts, and all registered and unregistered marks and service names used by Hover Media are service marks, trade names, trademarks and/or trade dress of Hover Media or its affiliates (collectively “Hover Media’s Marks”).  You may not use Hover Media’s Marks for any reason or purpose whatsoever.  All trademarks not owned by Hover Media that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hover Media.   

Protecting Copyrights and Other Intellectual Property. Hover Media respects the intellectual property rights of others.  Following is our Notice and Procedure for Making Claims of Copyright Infringement.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hover Media’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Hover Media that your copyrighted material has been infringed.

·       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 upon;

·       A description of the location on the Website of the material that you claim is infringing; 

·       your address, telephone number, and e-mail 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;

·       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 authorized to act on the copyright owner's behalf.

Hover Media’s Agent for Notice of copyright infringement can be reached as follows:

By Mail:                           Ryan S. Luft, Esq.

                                    Luft Tumlin PLLC

3125 Kathleen Ave.
Greensboro, North Carolina 27408

USA

 

  1. Privacy and Terms of Use. Your use of the Website is subject to our Privacy Policy, which is incorporated into these Terms by this reference.

  2. Disclaimers.

    1. Users.  Hover Media is not responsible or liable, and makes no warranties, express or implied, for the conduct of any user of the Website. 

    2. Third Party Web Sites.  The Website may contain links to third party websites.  Hover Media is not responsible or liable for the content, completeness, accuracy or opinions expressed on such third party websites.  Inclusion of any linked website on the Website does not imply Hover Media’s approval or endorsement of, or agreement with, the content of the Web site.  If you choose to access third party websites, you do so at your own risk. 

    3. Third Party Advertisements / Applications.  Hover Media is not responsible or liable for third party advertisements or third party applications that are posted on or through the Website, nor does it take any responsibility for the goods or services provided by its advertisers.

    4. Availability of the Website.  The Website or any portion thereof may be unavailable from time to time for maintenance or other reasons.  Hover Media assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication.  Hover Media is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to your or to any other person's computer, mobile phone, smart phone, tablet or other equipment related to or resulting from use of the Website.  Under no circumstances shall Hover Media be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting from anyone’s use of the Website, or from the conduct of any user(s) of the Website.     

  3. Disclaimer of Warranties. THE WEBSITE AND HOVER MEDIA CONTENT ARE PROVIDED "AS IS" AND AS AVAILABLE AND HOVER MEDIA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOVER MEDIA DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. HOVER MEDIA DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND MALWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, OR DATA FROM OR THROUGH THE WEBSITE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

    13.           Limitation on Liability. IN NO EVENT SHALL HOVER MEDIA, ITS EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Website OR HOVER MEDIA CONTENT EVEN IF HOVER MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOVER MEDIA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO HOVER MEDIA FOR USE OF THE WEBSITE ONLY, IF ANY, DURING THE TIME YOUR ARE A REGISTERED USER OF THE WEBSITE.  YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO HOVER MEDIA FOR USE OF THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM HOVER MEDIA, REGARDLESS OF THE CAUSE OF ACTION.

  4. Disputes. These Terms shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its conflict of law provisions.  Any and all actions or proceedings arising out of or relating to these Terms, the Website or the Hover Media Content, shall be instituted and litigated in a court of competent jurisdiction in Guilford County, North Carolina.  You and Hover Media hereby agree to submit to the exclusive personal jurisdiction of the courts located in Mecklenburg County, North Carolina to resolve any dispute arising out of these Terms, the Website or the Hover Media Content.  EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.  

  5. Indemnity.  You agree to indemnify and hold harmless Hover Media and its representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) the use of your the Website account by you or any other person; c) your breach or violation of these Terms; d) your breach of the representations and warranties set forth in these Terms; and/or e) information provided by you or any person through your use of the Website.    

  6. Other. These Terms, including all documents referenced herein, as such may be modified from time to time, constitute the entire agreement between you and Hover Media regarding the use of the Website.  The failure of Hover Media to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.  The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law.  If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.