Hipfig : Terms of Use
WELCOME TO HIPFIG
We hope you find Hipfig.com useful. By accessing our servers, websites, videos, other services, or content (together, "HF") through mobile and all other applications, you agree to these Terms of Use ("TOU"), last updated August 16, 2018
By using our sites and services, you are a "user" and you accept and agree to this TOU as a legal contract between you and us. We may post changes to these TOU at any time, and any such changes will be applicable to all subsequent access to or use of our sites and services. If you do not accept and agree to all provisions of these TOU, now or in the future, you may reject these TOU by immediately terminating all access and use of our sites and services, in which case any continuing access or use of our sites and service is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services.
LICENSE:
If you are 18 or older, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license to access HF in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from HF, excluding content you create and sharing with site visitors, friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE:
You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with HF, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI").
Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."
We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to our sites and services, and, if you create an account/ subscribe on our sites and services, you are responsible for all conduct or activities on, through or by use of your account.
MODERATION:
You agree we may moderate HF access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via our sites and services by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our sites and services) by any user (or any other third party in any manner); and to enforce these TOU, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of these TOU by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "our representatives" and individually "our representative") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these TOU.
CONTENT:
Although our representatives may moderate content on our sites and services at our discretion, our representatives have no authority to make binding commitments, promises, or representations to anyone that they or anyone else on behalf of us will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us or by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us, or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported TOU violation. For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our sites and services are solely those of the poster and not ours, or an our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys or other agents. We do not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator. Administrators and moderators are not our agents and their opinions, comments and posts are their own.
We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our sites and services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account/subscribe, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from our sites and services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our sites and services would violate these TOU or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services.
DISCLAIMER:
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to HF, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and HF is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) content; (b) user conduct, e.g. illegal conduct; (c) your HF use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("HF ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) HF ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL)
WE ARE NOT RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED IN CONNECTION WITH THE USE OF HF OR ANY CONTENT OR SERVICES AVAILABLE VIA THE SITE. THE SITE IS PROVIDED “AS IS”. THE INFORMATION ON THIS SITE IS GENERAL AND MAY NOT BE SUITABLE FOR YOUR PARTICULAR NEEDS. YOU SHOULD VERIFY ALL CRITICAL INFORMATION (LIKE ADVICE ABOUT VISAS, DIRECTIONS, AND HEALTH AND SAFETY) INDEPENDENTLY BEFORE YOU TRAVEL.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR ITS CONTENT AND EXCLUDE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY WHICH MAY ARISE AS A RESULT OF THEIR USE. WE WILL NEVER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, OR LOSS OF PROFITS OR REVENUE ARISING OUT OF THE USE OF OUR WEBSITE. YOU INDEMNIFY HF AGAINST EACH CLAIM, ACTION, PROCEEDING, JUDGMENT, DAMAGE, LOSS, EXPENSE OR LIABILITY INCURRED OR SUFFERED BY, OR BROUGHT, MADE OR RECOVERED AGAINST US IN CONNECTION WITH ANY BREACH BY YOU OF THESE TERMS.
CLAIMS:
You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your HF use is governed by Washington ("WA") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Bellevue, WA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 month after it arose or be forever barred; (5) not to bring or take part in a class action against HF Entities; (6) (except government agencies) to indemnify HF Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your HF use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $1,200 per event.
MISC.:
Users complying with prior written licenses may access HF thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls.
DATA SHARING:
You authorize HF to share limited PI for fees to third party for marketing. You authorize HF to share PI to law enforcement agencies on case to case basis.
SALES:
You authorize us to charge your account for HF fees for authorized and agreed transaction/s. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
THIRD PARTY CONTENT:
Any non-site visitors third party contents posted on HF are property of that party. HF will remove those non-site visitors content upon receiving request and party proving their claim on those contents.
It is expressly prohibited for any third party to post content to our sites and services on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
It is expressly prohibited to post content to our sites and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our sites and services (by any user or other third party) using that automated means.
Affiliate marketing by users is expressly prohibited on our sites and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
HF sites or services may provide links to other websites and online resources. Because we have no control over such websites and resources, you acknowledge and agree that we, including our shareholders, affiliates, employees, officers, directors, agents, representatives, licensors, suppliers and service providers, (collectively, "we") are not responsible for the availability of such external websites or resources and we neither endorse nor are responsible or liable for, and make no representations or warranties regarding, the identity or trustworthiness of the third-party website or resources, including any content, advertising, products, services, or other materials on or available through such websites or resources. Other websites may provide links to our sites with or without authorization. You acknowledge and agree that we do not endorse such websites, and are not and shall not be responsible or liable for any links from those websites to our sites, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY APPLICABLE TO SUCH WEBSITES AND RESOURCES. We shall have the right, at any time and in our sole discretion, to block links to our sites through technological or other means without prior notice.
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