TERMS AND USE AGREEMENT....Hitspot.com (“HSC”) is a website that gives every user their own online profile. This profile will allow them to get in touch with and communicate with friends. HSC provides a number of services including the HSC website, messaging service and all content and features relating thereto. These services are hosted from the United States of America.

This is a legally binding Terms of Use Agreement (“Agreement”) between the HSC and the user of its services. Users are “Members” or “Visitors” and by using HSC services they agree to be bound by the terms of this Agreement. Members are users who have previously registered on the website. Visitors are simply browsing the website. Only users who agree to abide by this Agreement and all applicable laws are authorized to use the HSC services. Please take the time to read this Agreement and only use the HSC services if you agree to the terms contained herein. If you become a Member, you must read and accept the terms of this Agreement.

The HSC Privacy Policy, policy for acceptable use, and your rights, obligations and restrictions are included in this Agreement. You may be required to download software and agree to further terms and conditions when using the services of HSC. Any additional terms and conditions are hereby incorporated into this agreement. This agreement is available upon request from HSC.

HSC reserves the right to reject, refuse or remove any content posted by Users without prior notice and without liability. Eligibility: HSC services are void where prohibited. Users, by their use, warrant that information provided by them is truthful and accurate, that it remains so, that they are above the age of 13, and that their use of HSC services does not violate any applicable laws. Membership may be terminated without warning and without liability.

1.     Term: HSC may vary its services and may charge for its services. The user may terminate Membership at any time. HSC may terminate the user’s Membership at any time. This Agreement remains in effect after termination.

2.     Fees: The user acknowledges that HSC may charge fees for its services. Refund of fees will not be given to any user whose Membership is terminated by HSC.

3.     Password: The User agrees to keep his or her password private and confidential and to report suspected unauthorized use to HSC.

4.     Non-commercial Use: HSC services may not be used for any commercial use unless specifically authorized by HSC. HSC services are for personal use only. Advertising and links by users for commercial purposes is not permitted. Legal action may be taken for unauthorized commercial use of HSC services.

5.     Proprietary Rights

a.     HSC does not claim ownership of the content posted by users. The user retains ownership of posted content. By posting content, the user grants a licence to HSC to use, modify, perform, display, reproduce and distribute the content on HSC services. This license is non-exclusive and Users are free to post the content elsewhere. HSC is not required to pay royalties or any other fee for content posted by users. The licence ends when content is removed from the HSC website by the user. HSC does not have permission to use the content other than on the HSC website.

b.    The User warrants that he or she owns the content posted on the HSC website or is authorized to post such content. The User also warrants that the posting of content does not breach any applicable laws or the privacy of any person or persons. The user agrees to pay all royalties or other fees that may be due or may become due as a result of, user posting unauthorized content.

c.     HSC content is protected by copyright and other intellectual property rights and HSC retains all rights to this content. The User has a limited licence to use such content for personal use.

d.    The user may not sell, use, copy, or modify the content of other Members.

6.     Content Posted

a.     HSC may delete any content it sees as violating this agreement, the rights of a third party, or that is in breach of any applicable law. HSC assumes no responsibility for any of content posted by Users. If HSC monitors any content, it nonetheless assumes no responsibility for it. HSC assumes no responsibility for the conduct of Users.

b.    The User is responsible for all content he or she posts and for his or her conduct when using HSC services. Content is not necessarily reviewed by HSC. HSC may have no knowledge of content, and content does not necessarily reflect the views or opinions of HSC.

7.     Prohibited Activities and Content: The following are not permitted on the HSC websites. In addition, any content or behaviour deemed illegal or likely to incur liability to third parties is prohibited. HSC may investigate suspected prohibited use, take steps to rectify it, and take appropriate legal action where necessary.

a.     Offensive or racist acts, or acts promoting racism, hatred, bigotry or violence of any kind;

b.    Harassment or the advocacy of harassment;

c.     Sexual or violent exploitation;

d.    Nudity, violence, offensive subject matter or links to such content;

e.     Soliciting of personal information of anyone under 18;

f.     Providing personal or contact information;

g.    Promotion of false, misleading, abusive, defamatory or libellous information;

h.     Promoting illegal activity including illegal or unauthorized use or copying of the intellectual property of any person, or attempting to circumvent measures taken by an owner of intellectual property to protect such property;

i.      Transmitting unsolicited mail, junk mail or chain letters;

j.      Hiding information from other members by the use of passwords or similar device;

k.     Promoting or providing instruction for illegal activity of any kind;

l.      Soliciting personal or private information with the intent to use in the commission of a crime;

m.   Involving commercial activity of any kind, including advertising, investing, gambling or bartering;

n.     Posting a photograph of another person without that person’s consent;

o.    Using sexual or suggestive imagery or content to draw traffic.

p.    Criminal or tortious activity of any kind;

q.    Advertising and selling;

r.      Using information gained from HSC services or HSC users for uses other than those permitted by such users;

s.     Covering or obscuring HSC advertising on any HSC page;

t.      Using automated systems such as scripts;

u.     Interfering with HSC services or putting undue strain on such services;

v.     Impersonating another person;

w.    Copying code from one profile to another or embedding it into other profiles;

x.     Using or disclosing the account, username or password of another member;

y.     Selling or transferring your profile to another;

z.     Displaying advertising on your profile or accepting payment from another person in connection with any use of your profile;

aa.  Using the HSC services in a manner inconsistent with this agreement and all applicable laws.

8.     Copyright Policy: Users must not breach copyright laws while using HSC services. Copyrighted material may not be posted, modified, distributed, copied or reproduced without authorization. HSC will terminate the membership of any user suspected or known to be breaching the copyright of any person, or entity. Users who believe a copyright is being breached must report such breach to HSC. Such report should contain the necessary information to determine if a copyright has been breached and who has breached it.

9.     Member Disputes: Users are solely responsible for their interaction with other members. HSC may monitor disputes but will not accept liability or responsibility for any such dispute.

10.  Privacy: Use of HSC services is also subject to the HSC privacy policy which is hereby incorporated into this agreement.

11.  Disclaimer: HSC is not responsible for any content posted by users. HSC is not responsible for links contained in user profiles. HSC is not responsible for and does not endorse the views expressed by users. HSC does not monitor content posted by users. No approval of content will be implied. HSC does not authorize its services for commercial use and is not responsible for commercial uses made by users. HSC is not responsible for any errors or omissions in its content, nor is it responsible for failures of its system or for the inability of Members to access profiles and use HSC services. HSC is not responsible for malfunctions or technical problems occurring on computers or communications equipment. HSC is not responsible for any loss, damage or injury, including personal injury or death, caused by reliance on its services, or the content thereof. HSC services are provided “as is” and no warranty is given as to their fitness for any purpose. No results are promised or guaranteed.

12.  US Export Controls: Where any part of HSC services are subject to export controls, they may not be used in breach of said export controls.

13.  Disputes: Disputes shall be governed by the laws and courts of Colorado but without prejudice to the foregoing, HSC may seek injunctive relief in any competent jurisdiction.

14.  Indemnity: The user indemnifies HSC and its agents, partners, employees and associates from all liability, costs and legal fees arising from any breach of this agreement.

15.  Other: Acceptance of this Agreement shall be deemed by use of the HSC services. This agreement constitutes the entire agreement between HSC and the user except where it specifically refers to or incorporates other terms. HSC shall not be deemed to waive a right under this agreement by failure to take action. This Agreement operates to the fullest extent permissible by law. If any provision is void or unenforceable, it shall be severed from the agreement and shall not affect the validity
and enforceability of the agreement as a whole.
 

Any questions relating to this agreement should be referred to HSC.

You must read this agreement and agree to its terms in order to proceed.

The User is responsible for content that he or she posts to the HSC website. Content that is obscene, offensive, violent, harassing, illegal, in breach of the privacy or rights of others, or deemed inappropriate, may not be posted on the website. The content posted by Members may be inaccurate or inappropriate and HSC accepts no responsibility or liability for such content. If you wish to report inappropriate content please contact HSC.

The User needs to review this agreement from time to time as it may be amended or modified by HSC and such amendment or modification shall be effective upon posting to the HSC website.