TERMS OF SERVICE
1. Your Responsibilities.
Prohibited User Content (as defined below) includes, but is not limited to, User Content that, in the sole discretion of HC:
1. is patently offensive, or 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, excessive violence, or offensive subject matter, or contains a link to an adult web site;
5. solicits personal information from anyone under 18;
6. publicly posts information that poses or creates a privacy or security risk to any person;
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. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing, instant messaging, "spimming," or spamming";
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. 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;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
12. involves commercial activities and/or sales without our prior written consent from HC such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes; or
13. violates the privacy rights, publicity rights, copyrights, trademark rights, or any other rights of any person.
The following are examples of the kind of activity and communication that is illegal or prohibited on the Site and through the use of the Services. HC reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
14. 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;
15. advertising to, or solicitation of, any user to buy or sell any products or services through the Services;
16. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
17. activity that involves the use of viruses, bots, worms, or any other computer code files or programs, that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
18. covering or obscuring the banner advertisements on Forums, or any HC page via HTML/CSS or any other means;
19. any automated use of the system, such as, but not limited to, using scripts to send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
21. impersonating or attempting to impersonate another user, person, or entity;
22. 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;
23. using any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; or
24. using the Services in a manner inconsistent with any and all applicable laws and regulations.
2. User Content.
HC does not endorse and has no control over User Content submitted by others to the Site. User Content submitted to the Site is not necessarily reviewed by HC prior to posting and does not necessarily reflect the opinions or policies of HC. HC makes no warranties, express or implied, as to such User Content or its accuracy and reliability. Nonetheless, HC reserves the right to prevent you from submitting User Content to the Site and to edit, restrict, delete or remove such User Content for any reason at any time.
3. Copyright Infringement.
HC respects the intellectual property rights of others. Accordingly, HC has a policy of removing User Content that violate copyright law, suspending access to the HC Network (or any portion thereof) to any user who uses the HC Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the HC Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, HC has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the HC Network, please provide written notice to the following HC agent for notice of claims of copyright infringement.
PO Box 655
Murrieta, California, 92564
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow HC to locate that material; (d) contain adequate information by which HC can contact you (including postal address, telephone number, and e- mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and
(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to HC’s designated agent.
HC may terminate your HC Network membership or suspend your access to all or part of the HC Network, without notice, if you violate these Terms or you engage in any conduct that HC, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of HC, any other HC Network user, or any third party. YOU AGREE THAT HC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER CONTENT OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE HC NETWORK (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the HC Network at any time. HC reserves the right to investigate your use of the HC Network in the event HC, in its sole and absolute discretion, believes you have violated these Terms.
5. Modifications to Terms.
HC may, in its sole and absolute discretion, change these Terms from time to time. HC will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be
to cease using the HC Network. Continued use of the HC Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
6. Modifications to HC Network.
HC reserves the right to modify or discontinue the HC Network with or without notice to you. YOU AGREE THAT HC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD HC EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE HC NETWORK.
HC reserves the right at any time to charge fees for access to new HC Network content or services or to portions of the existing HC Network content or services or to the HC Network as a whole. In no event will you be charged for access to any HC Network content or service, or to the HC Network as a whole, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
8. Password and Security.
You are responsible for maintaining the confidentiality of your HC Network password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify HC of any unauthorized use of your password or any other breach of security related to the HC Network. HC reserves the right to require you to alter your password if HC believes that your password is no longer secure. YOU AGREE THAT HC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
HC’s provision of a link to any other Website or Internet resource is for your convenience only and does not signify HC’s endorsement of such other Web site or resource or its contents. YOU AGREE THAT HC SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.
10. No Commercial Use; Other Use Restrictions.
You may not resell, distribute, make any commercial use of (other than to keep and share information for your own business purposes), use on a timeshare or service bureau basis, or use to operate a Web site or otherwise generate income from the HC Network or any information
obtained therefrom. The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HC. Illegal and/or unauthorized use of the 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 Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. HC reserves the right to take appropriate legal action for any illegal or unauthorized use of the Services.
Except for User Content, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of HC or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.
Also, except for User Content, you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
11. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE HC NETWORK IS AT YOUR SOLE RISK. THE HC NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE HC NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). HC MAKES NO WARRANTY THAT THE HC NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE HC NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE HC NETWORK IS NOT GUARANTEED AND THAT HC SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE HC NETWORK OR ITS UNAVAILABILITY. HC MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HC NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE HC NETWORK, OR THAT DEFECTS IN THE HC NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HC NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HC OR THROUGH THE HC NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. Limitation of Liability.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL HC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE HC NETWORK.
13. Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that HC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of HC’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless HC, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. HC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with HC’s defense of such claim.
“HC” and the design, as well as certain other of the names, logos, and materials displayed in the HC Network constitute trademarks, trade names, service marks or logos (“Marks”) of HC or other entities. You are not authorized to use any such Marks without the express written consent of HC. Ownership of all such Marks and the goodwill associated therewith remains with HC or those other entities.
16. Copyrights; Restrictions on Use.
The content on the Site (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by HC or its licensors. Other than with respect to your own User Content: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of HC and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
17. U.S. Export Controls
Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that HC makes available through the HC Network and any additional terms to which you agree when using particular elements of the HC Network, constitute the entire and exclusive and final statement of the agreement between you and HC with respect to the subject matter hereof, and govern your use of the HC Network, superseding any prior agreements or negotiations between you and HC with respect to the subject matter hereof. These Terms and the relationship between you and HC shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the HC Network shall be brought in the Federal or State courts located in Riverside County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of HC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of HC and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the HC Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 11 through 18 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the HC Network.