HWerks.com Terms of Use Agreement
HWerks.com is a social networking service that allows Members to create
unique personal profiles online in order to find and communicate with
old and new friends. The services offered by HWerks.com ("HWerks.com"
or "we") include the HWerks.com website (the "HWerks
Website"), the HWerks.com Internet messaging service, and any other
features, content, or applications offered from time to time by HWerks.com
in connection with the HWerks Website (collectively, the "HWerks
Services"). The HWerks Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the HWerks Services. By using the HWerks
Services, you agree to be bound by this Agreement, whether you are a
"Visitor" (which means that you simply browse the HWerks Website)
or you are a "Member" (which means that you have registered
with HWerks.com). The term "User" refers to a Visitor or a
Member. You are only authorized to use the HWerks Services (regardless
of whether your access or use is intended) if you agree to abide by
all applicable laws and to this Agreement. Please read this Agreement
carefully and save it. If you do not agree with it, you should leave
the HWerks Website and discontinue use of the HWerks Services immediately.
If you wish to become a Member, communicate with other Members and make
use of the HWerks Services, you must read this Agreement and indicate
your acceptance during the Registration process.
This Agreement includes HWerks.com's policy for acceptable use of the
HWerks Services and Content posted on the HWerks Website, your rights,
obligations and restrictions regarding your use of the HWerks Services
and HWerks.com's Privacy Policy. In order to participate in certain
HWerks Services, you may be notified that you are required to download
software or content and/or agree to additional terms and conditions.
Unless otherwise provided by the additional terms and conditions applicable
to the HWerks Services in which you choose to participate, those additional
terms are hereby incorporated into this Agreement. You may receive a
copy of this Agreement by emailing us at: Support@HWerks.com, Subject:
Terms of Use Agreement.
HWerks.com may modify this Agreement from time to time and such modification
shall be effective upon posting by HWerks.com on the HWerks Website.
You agree to be bound to any changes to this Agreement when you use
the HWerks Services after any such modification is posted. It is therefore
important that you review this Agreement regularly to ensure you are
updated as to any changes.
Please choose carefully the information you post on HWerks.com and that
you provide to other Users. Your HWerks.com profile may not include
the following items: telephone numbers, street addresses, last names,
and any photographs containing nudity, or obscene, lewd, excessively
violent, harassing, sexually explicit or otherwise objectionable subject
matter. Despite this prohibition, information provided by other HWerks.com
Members (for instance, in their Profile) may contain inaccurate, inappropriate,
offensive or sexually explicit material, products or services, and HWerks.com
assumes no responsibility or liability for this material. If you become
aware of misuse of the HWerks Services by any person, please contact
HWerks or click on the "Report " link in the “Actions”
box under the profile picture of the Hwerks.com page..
HWerks.com reserves the right, in its sole discretion, to reject, refuse
to post or remove any posting (including private messages) by you, or
to restrict, suspend, or terminate your access to all or any part of
the HWerks Services at any time, for any or no reason, with or without
prior notice, and without liability. HWerks expressly reserves the right
to remove your profile and/or restrict, suspend, or terminate your access
to any part of HWerks Services if HWerks determines, in its sole discretion,
that you pose a threat to HWerks and/or its Users.
1. Eligibility. Use of and Membership in the HWerks
Services is void where prohibited. By using the HWerks Services, you
represent and warrant that (a) all registration information you submit
is truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 18 years of age or older; and (d) your use
of the HWerks Services does not violate any applicable law or regulation.
Your profile may be deleted and your Membership may be terminated without
warning, if we believe that you are under 18 years of age.
2. Term. This Agreement shall remain in full force
and effect while you use the HWerks Services or are a Member. You may
terminate your Membership at any time, for any reason, by following
the instructions on the Member's Account Settings page. HWerks.com may
terminate your Membership at any time, without warning. Even after Membership
is terminated, this Agreement will remain in effect, including sections
5-17.
3. Fees. You acknowledge that HWerks.com reserves the
right to charge for the HWerks Services and to change its fees from
time to time in its discretion. If HWerks.com terminates your Membership
because you have breached the Agreement, you shall not be entitled to
the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you
will also be asked to choose a password. You are entirely responsible
for maintaining the confidentiality of your password. You agree not
to use the account, username, or password of another Member at any time
or to disclose your password to any third party. You agree to notify
HWerks.com immediately if you suspect any unauthorized use of your account
or access to your password. You are solely responsible for any and all
use of your account.
5. Non-commercial Use by Members. The HWerks Services
are for the personal use of Members only and may not be used in connection
with any commercial endeavors except those that are specifically endorsed
or approved by HWerks.com. Illegal and/or unauthorized use of the HWerks
Services, including collecting usernames and/or email addresses of Members
by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the HWerks Website is
prohibited. Commercial advertisements, affiliate links, and other forms
of solicitation may be removed from Member profiles without notice and
may result in termination of Membership privileges. Appropriate legal
action will be taken for any illegal or unauthorized use of the HWerks
Services.
6. Proprietary Rights in Content on HWerks.com.
1. HWerks.com does not claim any ownership rights in the text, files,
images, photos, video, sounds, musical works, works of authorship,
or any other materials (collectively, "Content") that you
post to the HWerks Services. After posting your Content to the HWerks
Services, you continue to retain all ownership rights in such Content,
and you continue to have the right to use your Content in any way
you choose. By displaying or publishing ("posting") any
Content on or through the HWerks Services, you hereby grant to HWerks.com
a limited license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content solely on and through the HWerks
Services.
Without this license, HWerks.com would be unable to provide the HWerks
Services. For example, without the right to modify Member Content,
HWerks.com would not be able to digitally compress music files that
Members submit or otherwise format Content to satisfy technical requirements,
and without the right to publicly perform Member Content, HWerks.com
could not allow Users to listen to music posted by Members. The license
you grant to HWerks.com is non-exclusive (meaning you are free to
license your Content to anyone else in addition to HWerks.com), fully-paid
and royalty-free (meaning that HWerks.com is not required to pay you
for the use on the HWerks Services of the Content that you post),
sublicensable (so that HWerks.com is able to use its affiliates and
subcontractors such as Internet content delivery networks to provide
the HWerks Services), and worldwide (because the Internet and the
HWerks Services are global in reach). This license will terminate
at the time you remove your Content from the HWerks Services. The
license does not grant HWerks.com the right to sell your Content,
nor does the license grant HWerks.com the right to distribute your
Content outside of the HWerks Services.
2. You represent and warrant that: (i) you own the Content posted
by you on or through the HWerks Services or otherwise have the right
to grant the license set forth in this section, and (ii) the posting
of your Content on or through the HWerks Services does not violate
the privacy rights, publicity rights, copyrights, contract rights
or any other rights of any person. You agree to pay for all royalties,
fees, and any other monies owing any person by reason of any Content
posted by you to or through the HWerks Services.
3. The HWerks Services contain Content of HWerks.com ("HWerks.com
Content"). HWerks.com Content is protected by copyright, trademark,
patent, trade secret and other laws, and HWerks.com owns and retains
all rights in the HWerks.com Content and the HWerks Services. HWerks.com
hereby grants you a limited, revocable, nonsublicensable license to
reproduce and display the HWerks.com Content (excluding any software
code) solely for your personal use in connection with viewing the
HWerks Website and using the HWerks Services.
4. The HWerks Services contain Content of Users and other HWerks.com
licensors. Except for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display,
or sell any Content appearing on or through the HWerks Services.
1. HWerks.com may delete any Content that in the sole
judgment of HWerks.com violates this Agreement or which may be offensive,
illegal or violate the rights, harm, or threaten the safety of any person.
HWerks.com assumes no responsibility for monitoring the HWerks Services
for inappropriate Content or conduct. If at any time HWerks.com chooses,
in its sole discretion, to monitor the HWerks Services, HWerks.com nonetheless
assumes no responsibility for the Content, no obligation to modify or
remove any inappropriate Content, and no responsibility for the conduct
of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through
any of the HWerks Services, and any material or information that you
transmit to other Members and for your interactions with other Users.
HWerks.com does not endorse and has no control over the Content. Content
is not necessarily reviewed by HWerks.com prior to posting and does
not necessarily reflect the opinions or policies of HWerks.com. HWerks.com
makes no warranties, express or implied, as to the Content or to the
accuracy and reliability of the Content or any material or information
that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial
list of the kind of Content that is illegal or prohibited to post on or
through the HWerks Services. HWerks.com reserves the right to investigate
and take appropriate legal action against anyone who, in HWerks.com's
sole discretion, violates this provision, including without limitation,
removing the offending communication from the HWerks Services and terminating
the Membership of such violators. Prohibited Content includes, but is
not limited to Content that, in the sole discretion of HWerks.com: \
1. is patently offensive and promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains
a link to an adult website;
5. solicits personal information from anyone;
6. provides any telephone numbers, street addresses, last names,
URLs or email addresses;
7. promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
8. 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;
9. involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing, instant messaging, "spimming,"
or "spamming";
10. contains restricted or password only access pages or hidden
pages or images (those not linked to or from another accessible
page);
11. furthers or promotes any criminal activity or enterprise or
provides instructional information about illegal activities including,
but not limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising,
or pyramid schemes;
14. includes a photograph of another person that you have posted
without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery
or any other unfair, misleading or deceptive Content intended to
draw traffic to the profile. The following is a partial list of
the kind of activity that is illegal or prohibited on the HWerks
Website and through your use of the HWerks Services. HWerks.com
reserves the right to investigate and take appropriate legal action
against anyone who, in HWerks.com's sole discretion, violates this
provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
16. criminal or tortious activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses or
other harmful files, copyright infringement, patent infringement,
or theft of trade secrets;
17. advertising to, or solicitation of, any Member to buy or sell
any products or services through the HWerks Services. You may not
transmit any chain letters or junk email to other Members. It is
also a violation of these rules to use any information obtained
from the HWerks Services in order to contact, advertise to, solicit,
or sell to any Member without their prior explicit consent. In order
to protect our Members from such advertising or solicitation, HWerks.com
reserves the right to restrict the number of emails which a Member
may send to other Members in any 24-hour period to a number which
HWerks.com deems appropriate in its sole discretion. If you breach
this Agreement and send unsolicited bulk email, instant messages
or other unsolicited communications of any kind through the HWerks
Services, you acknowledge that you will have caused substantial
harm to HWerks.com, but that the amount of such harm would be extremely
difficult to ascertain. As a reasonable estimation of such harm,
you agree to pay HWerks.com $50 for each such unsolicited email
or other unsolicited communication you send through the HWerks Services;
18. covering or obscuring the banner advertisements on your personal
profile page, or any HWerks.com page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add
friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on
the HWerks Services or the networks or services connected to the
HWerks Services;
21. attempting to impersonate another Member or person;
22. for band profiles, copying the code for your HWerks Player and
embedding it into other profiles or asking other Members to embed
it into their profiles;
23. using the account, username, or password of another Member at
any time or disclosing your password to any third party or permitting
any third party to access your account;
24. selling or otherwise transferring your profile;
25. using any information obtained from the HWerks Services in order
to harass, abuse, or harm another person;
26. displaying an advertisement on your profile, or accepting payment
or anything of value from a third person in exchange for your performing
any commercial activity on or through the HWerks Services on behalf
of that person, such as placing commercial content on your profile,
posting blogs or bulletins with a commercial purpose, selecting
a profile with a commercial purpose as one of your "Top 8"
friends, or sending private messages with a commercial purpose;
or
27. Solicitation: You may not use HWerks to solicit for donations,
money or services.
28. using the HWerks Services in a manner inconsistent with any
and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute,
or reproduce in any way any copyrighted material, trademarks, or other
proprietary information belonging to others without obtaining the prior
written consent of the owner of such proprietary rights. It is the policy
of HWerks.com to terminate Membership privileges of any Member who repeatedly
infringes the copyright rights of others upon receipt of proper notification
to HWerks.com by the copyright owner or the copyright owner's legal
agent. Without limiting the foregoing, if you believe that your work
has been copied and posted on the HWerks Services in a way that constitutes
copyright infringement, please provide our Copyright Agent with the
following information: (i) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing
is located on the HWerks Services; (iv) your address, telephone number,
and email address; (v) a written 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; (vi) 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. HWerks.com's Copyright Agent for notice of claims of
copyright infringement can be reached as follows: Support@Hwerks.com.
10. Member Disputes. You are solely responsible for
your interactions with other HWerks.com Members. HWerks.com reserves
the right, but has no obligation, to monitor disputes between you and
other Members.
11. Privacy. Use of the HWerks Services is also governed
by our Privacy Policy, which is incorporated into this Agreement by this
reference.
12. Disclaimers. HWerks.com is not responsible for any
incorrect or inaccurate Content posted on the HWerks Website or in connection
with the HWerks Services, whether caused by Users of the HWerks Services
or by any of the equipment or programming associated with or utilized
in the HWerks Services. Profiles created and posted by Members on the
HWerks Website may contain links to other websites. HWerks.com is not
responsible for the Content, accuracy or opinions expressed on such websites,
and such websites are in no way investigated, monitored or checked for
accuracy or completeness by HWerks.com. Inclusion of any linked website
on the HWerks Services does not imply approval or endorsement of the linked
website by HWerks.com. When you access these third-party sites, you do
so at your own risk. HWerks.com takes no responsibility for third party
advertisements which are posted on this HWerks Website or through the
HWerks Services, nor does it take any responsibility for the goods or
services provided by its advertisers. HWerks.com is not responsible for
the conduct, whether online or offline, of any User of the HWerks Services.
HWerks.com assumes no responsibility 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 or Member communication. HWerks.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 any email or players due to technical problems or traffic congestion
on the Internet or on any of the HWerks Services or combination thereof,
including any injury or damage to Users or to any person's computer related
to or resulting from participation or downloading materials in connection
with the HWerks Services. Under no circumstances shall HWerks.com be responsible
for any loss or damage, including personal injury or death, resulting
from use of the HWerks Services, attendance at a HWerks.com event, from
any Content posted on or through the HWerks Services, or from the conduct
of any Users of the HWerks Services, whether online or offline. The HWerks
Services are provided "AS-IS" and as available and HWerks.com
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. HWerks.com cannot guarantee and does not promise any
specific results from use of the HWerks Services.
13. Limitation on Liability. IN NO EVENT
SHALL HWERKS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HWERKS.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, HWERKS.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 HWERKS.COM FOR
THE HWERKS SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection
with the HWerks Services (the "Software") is further subject
to United States export controls. No Software may be downloaded from the
HWerks Services or otherwise exported or re-exported in violation of U.S.
export laws. Downloading or using the Software is at your sole risk.
15. Disputes. If there is any dispute about or involving
the HWerks Services, you agree that the dispute shall be governed by the
laws of the State of Illinois, USA, without regard to conflict of law
provisions and you agree to exclusive personal jurisdiction and venue
in the state and federal courts of the United States located in the State
of Illinois, City of Romeoville. Either HWerks.com or you may demand that
any dispute between HWerks.com and you about or involving the HWerks Services
must be settled by arbitration utilizing the dispute resolution procedures
of the American Arbitration Association (AAA) in Romeoville, Illinois,
USA, provided that the foregoing shall not prevent HWerks.com from seeking
injunctive relief in a court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold HWerks.com,
its subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the HWerks Services 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 and/or if any Content that
you post on the HWerks Website or through the HWerks Services causes HWerks.com
to be liable to another.
17. Other. This Agreement is accepted upon your use of
the HWerks Website or any of the HWerks Services and is further affirmed
by you becoming a Member. This Agreement constitutes the entire agreement
between you and HWerks.com regarding the use of the HWerks Services. The
failure of HWerks.com to exercise or enforce any right or provision of
this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have
no legal or contractual effect. HWerks.com is a trademark of HWerks, Inc.
This Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that provision
is deemed severable from this Agreement and does not affect the validity
and enforceability of any remaining provisions.
Please contact us at: Support@HWerks.com with any questions
regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
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