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Terms and Conditions
Please read this Terms and Conditions Agreement (the
"Agreement") carefully. By using the Hugline.com web site
(the "Web site") you agree to be bound by this Agreement,
whether or not you register as a member ("Member"). To
become a member and make use of the Hugline.com service (the "Service"),
read these Terms and Conditions, and indicate your acceptance of
them by following the instructions in the Registration Process.
By becoming a Member, you agree to be bound by the terms and conditions
of this Agreement for the duration of your membership. The Agreement
sets out the legally binding terms under which the Services are
provided to you by us Hugline.com may change the terms and conditions
of this Agreement, change the Web site, discontinue any content
on or feature of the Web site, or change any fees or charges for
using the Web site. Such changes will be effective upon posting
by Hugline.com on the Web site. Your use of the Web site after such
posting will be deemed acceptance of the changes. Please review
this Agreement periodically, so that you may be aware of any modifications.
You must be eighteen or over to register as a member
of Hugline.com or use the Web site. By using the Web site, you represent
and warrant that you have the right, authority, and capacity to
enter into this Agreement and to abide by all of the terms and conditions
of this Agreement. However, we cannot guarantee that each Member
is at least the required minimum age, nor do we accept liability
for any content, communication or other use or access of the Web
site by persons in violation of this Agreement.
You may terminate your membership at any time, for
any reason by sending written notice of termination to Hugline.com.
Your termination is effective upon our receipt of the written termination
notice. We reserve the right to terminate your membership at any
time, for any reason by sending notice to you at the email address
you provide in your application of membership, or any email address
you may later provide to us. If Hugline.com terminates your membership
in the Service because you have breached the Agreement, you will
not be entitled to any refund of unused subscription fees. Even
after this Agreement is terminated, certain provisions may remain
in effect.
The Web site is for the sole, personal use of individual
Members only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not become
Members and should not use the Service or the Web site for any purpose.
Illegal and/or unauthorized uses of the Web site, including collecting
usernames and/or email addresses of members by electronic or other
means for the purpose of sending unsolicited email and unauthorized
framing of or linking to the Web site will be investigated, and
appropriate legal action will be taken, including without limitation,
civil, criminal, and injunctive redress.
Online Conduct.
¨ You are solely responsible for the information
or content that you publish or display (hereinafter, "post")
on the Service, or transmit to other Members.
¨ You are solely responsible for your interactions
with other Hugline.com Members. Hugline.com, reserves the right,
but has no obligation, to monitor disputes between you and other
Members.
¨ By becoming a member, you agree that Hugline.com
may review and delete any content, such as messages, photos or profiles
("Content") that in our judgment violate this Agreement
or which might be illegal, offensive, or that may violate the rights,
harm, or threaten the safety of other Members.
¨ By posting information or content to any area
of Hugline.com, you automatically grant, and you represent and warrant
that you have the right to grant, to Hugline.com an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute such information and content
and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sublicenses
of the foregoing.
¨ As a Member, you understand and agree that
the following is a partial list of the kind of Content that is illegal
or prohibited on the Web site. Hugline.com reserves the right to
investigate and take appropriate legal action in its sole discretion
against anyone who violates this provision, including without limitation,
removing the responsible party from the Service and terminating
the membership of such violator. It includes Content that:
is patently offensive to the online community, such as Content that
promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
displays pornographic or sexually explicit material of any kind;
provides material that exploits people under the age of 18 in a
sexual or violent manner, or solicits personal information from
anyone under 18;
provides instructional information about illegal activities such
as making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses;
involves harvesting or collecting personal information about other
Members whether or not for commercial purposes; and engages in commercial
activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, and pyramid schemes.
¨ You must use the Service in a manner consistent with any and
all applicable laws and regulations.
¨ You may not include in your Member profile
any telephone numbers, street addresses, last names, URLs or email
addresses.
You agree to indemnify and hold Hugline.com, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's
fees, made by any third party due to or arising out of your use
of the Service in violation of this Agreement and/or arising from
a breach of this Agreement and/or any breach of your representations
and warranties set forth above. This indemnity shall be applicable
without regard to the negligence of any party, including any indemnified
person.
Copyright Policy.
You may not post, distribute, or reproduce in any
way any copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such
proprietary rights. If you believe that a copy of your work is available
on the Service without your consent or that a copyright infringement
has otherwise occurred, please supply us with the following information:
(i) a full description of the copyrighted work, (ii) information
regarding the location of the infringed material on the Site, (iii)
your address, telephone number, and email address, (iv) a statement
by you that you believe in good faith that the use of the work on
the Web site is not authorized by the copyright owner, its agent,
or the law, and (v) an affidavit executed by you that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on their behalf. Please deliver this
information to:
Disclaimer of Warranty.
Hugline.com provides the service and the Web site
on an "as is" basis, and grants no warranties of any kind,
express, implied or statutory, and expressly disclaims any warranty
of merchantability, fitness for a particular purpose or noninfringement.
Hugline.com is not responsible for any incorrect or inaccurate Content
posted on the Web site or in connection with the Service, regardless
of the cause of such information. Hugline.com disclaims liability
for, and no warranty is made with respect to any Service, including
error, omission, interruption, deletion, defect, delay, theft or
destruction or unauthorized access to, or alteration of, user or
Member communications. Hugline.com is not responsible for any problems
or technical malfunction of any telephone network or lines, computer
online systems, servers or providers, computer equipment, software,
failure of email or players on account of technical problems or
traffic congestion on the Internet or at any web site or combination
thereof, including injury or damage to users and/or Members or to
any other person's computer related to or resulting from participating
or downloading materials in connection with the Web and/or in connection
with the Service. In no event will Hugline.com be liable for any
loss or damage, including personal injury or death, resulting from
anyone's use of the Web site or the Service, any Content posted
on the Web site or transmitted to Members, or any interactions between
users of the Web site, whether online or offline. Hugline.com is
not responsible for the conduct of any of the Members, whether online
or offline. Hugline.com cannot guarantee and does not promise any
specific results from use of the Web site and/or the Service.
Limitation on Liability.
In no event will Hugline.com be liable to you or
any third person for any indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost profits arising
from your use of the Web site or the Service, even if Hugline.com
has been advised of the possibility of such damages. Notwithstanding
anything to the contrary contained herein, Hugline.com'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, if any,
by you to Hugline.com for the Service during the term of membership.
Certain jurisdictions limit the applicability of warranty disclaimers
and limitations of liability so the above disclaimers of warranty
and limitations of liability may not apply to you.
Proprietary Rights.
Hugline.com owns and retains all proprietary rights
in the Web site and the Service. The Web site contains the copyrighted
material, trademarks, and other proprietary information and software
of Hugline.com, and its licensors. In addition, other Members may
post copyrighted information, which has copyright protection whether
or not it is identified as copyrighted. Except for that information
which is in the public domain or for which you have been given written
permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information.
Dispute.
If there is any dispute about or involving the Web
site and/or the Service, by using the Web site, you agree that the
dispute will be governed by the laws of the State of California
without regard to its conflict of law provisions. You agree to personal
jurisdiction by and venue in the state and federal courts of the
State of California, City of Los Angeles.
This Agreement, accepted upon use of the Web site
and further affirmed by becoming a Member of the Service, contains
the entire agreement between you and Hugline.com regarding the use
of the Web site and/or the Service. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue
in full force and effect.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.
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