TERMS AND CONDITIONS
HookUpz.Com Terms of Use Agreement
January 1, 2007
HookUpz.Com is a Web Portal which includes services of; dating, social networking and other services that allows Members to create unique personal profiles online in order to find and communicate with others. The services offered by HookUpz.Com ("HookUpz or "we") include the HookUpz.Com website (the "Website"), the HookUpz.Com Internet messaging service, and any other features, content, or applications offered from time to time by HookUpz in connection with the Website (collectively, the "HookUpz Services"). The HookUpz Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the HookUpz Services. By using the HookUpz Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with HookUpz.Com). The term "User" refers to a Visitor or a Member. You are only authorized to use the HookUpz 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 Website and discontinue use of the HookUpz Services immediately. If you wish to become a Member, communicate with other Members and make use of the HookUpz Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes HookUpz.Com's policy for acceptable use of the HookUpz Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the HookUpz Services and HookUpz.Com's Privacy Policy. In order to participate in certain HookUpz 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 HookUpz 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: privacy@HookUpz.Com, Subject: Terms of Use Agreement.
HookUpz.Com may modify this Agreement from time to time and such modification shall be effective upon posting by HookUpz.Com on the Website. You agree to be bound to any changes to this Agreement when you use the HookUpz 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 HookUpz.Com and that you provide to other Users. Your HookUpz.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 HookUpz.Com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and HookUpz.Com assumes no responsibility or liability for this material. If you become aware of misuse of the HookUpz Services by any person, please contact HookUpz or click on the "Report Inappropriate Content" link at the bottom of any HookUpz.Com page.
HookUpz.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 HookUpz Services at any time, for any or no reason, with or without prior notice, and without liability. HookUpz expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of HookUpz Services if HookUpz determines, in its sole discretion, that you pose a threat to HookUpz and/or its Users.
1. Eligibility.
Use of and Membership in the HookUpz Services is void where prohibited.
By using the HookUpz 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 14 years of
age or older; and (d) your use of the HookUpz 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 14 years of age.
2. Term. This Agreement shall remain
in full force and effect while you use the HookUpz 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. HookUpz.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 HookUpz.Com reserves the
right to charge for the HookUpz Services and to change its fees from time
to time in its discretion. If HookUpz.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 HookUpz.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
HookUpz 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 HookUpz.Com. Illegal and/or unauthorized
use of the HookUpz 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 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 HookUpz
Services.
6. Proprietary Rights in Content on HookUpz.Com.
1. HookUpz.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 HookUpz Services. After posting your Content to the HookUpz 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 HookUpz
Services, you hereby grant to HookUpz.Com a limited license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content
solely on and through the HookUpz Services.
Without this license, HookUpz.Com would be unable
to provide the HookUpz Services. For example, without the right to modify
Member Content, HookUpz.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,
HookUpz.Com could not allow Users to listen to music posted by Members.
The license you grant to HookUpz.Com is non-exclusive (meaning you are
free to license your Content to anyone else in addition to HookUpz.Com),
fully-paid and royalty-free (meaning that HookUpz.Com is not required
to pay you for the use on the HookUpz Services of the Content that you
post), sublicensable (so that HookUpz.Com is able to use its affiliates
and subcontractors such as Internet content delivery networks to provide
the HookUpz Services), and worldwide (because the Internet and the HookUpz
Services are global in reach). This license will terminate at the time
you remove your Content from the HookUpz Services. The license does not
grant HookUpz.Com the right to sell your Content, nor does the license
grant HookUpz.Com the right to distribute your Content outside of the
HookUpz Services.
2. You represent and warrant that: (i) you own the Content posted by you
on or through the HookUpz 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 HookUpz 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 HookUpz Services.
3. The HookUpz Services contain Content of HookUpz.Com ("HookUpz.Com
Content"). HookUpz.Com Content is protected by copyright, trademark,
patent, trade secret and other laws, and HookUpz.Com owns and retains
all rights in the HookUpz.Com Content and the HookUpz Services. HookUpz.Com
hereby grants you a limited, revocable, nonsublicensable license to reproduce
and display the HookUpz.Com Content (excluding any software code) solely
for your personal use in connection with viewing the Website and using
the HookUpz Services.
4. The HookUpz Services contain Content of Users and other HookUpz.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 HookUpz Services.
7. Content Posted.
1. HookUpz.Com may delete any Content that in the sole judgment of HookUpz.Com
violates this Agreement or which may be offensive, illegal or violate
the rights, harm, or threaten the safety of any person. HookUpz.Com assumes
no responsibility for monitoring the HookUpz Services for inappropriate
Content or conduct. If at any time HookUpz.Com chooses, in its sole discretion,
to monitor the HookUpz Services, HookUpz.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 HookUpz Services, and any material or information that you
transmit to other Members and for your interactions with other Users.
HookUpz.Com does not endorse and has no control over the Content. Content
is not necessarily reviewed by HookUpz.Com prior to posting and does not
necessarily reflect the opinions or policies of HookUpz.Com. HookUpz.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 HookUpz Services. HookUpz.Com reserves the right to investigate
and take appropriate legal action against anyone who, in HookUpz.Com's
sole discretion, violates this provision, including without limitation,
removing the offending communication from the HookUpz Services and terminating
the Membership of such violators. Prohibited Content includes, but is
not limited to Content that, in the sole discretion of HookUpz.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 under 18;
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 Website and through your use of the
HookUpz Services. HookUpz.Com reserves the right to investigate and take
appropriate legal action against anyone who, in HookUpz.Com's sole discretion,
violates this provision, including without limitation, reporting you to
law enforcement authorities. Prohibited activity includes, but is not
limited to:
1. 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;
2. advertising to, or solicitation of, any Member to buy or sell any products
or services through the HookUpz 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 HookUpz 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, HookUpz.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 HookUpz.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 HookUpz
Services, you acknowledge that you will have caused substantial harm to
HookUpz.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
HookUpz.Com $50 for each such unsolicited email or other unsolicited communication
you send through the HookUpz Services;
3. covering or obscuring the banner advertisements on your personal profile
page, or any HookUpz.Com page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends
or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the HookUpz
Services or the networks or services connected to the HookUpz Services;
6. attempting to impersonate another Member or person;
7. for band profiles, copying the code for your HookUpz Player and embedding
it into other profiles or asking other Members to embed it into their
profiles;
8. 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;
9. selling or otherwise transferring your profile;
10. using any information obtained from the HookUpz Services in order
to harass, abuse, or harm another person;
11. 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 HookUpz 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
12. using the HookUpz 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 HookUpz.Com to terminate Membership privileges of any Member who repeatedly
infringes the copyright rights of others upon receipt of proper notification
to HookUpz.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 HookUpz 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 HookUpz
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. HookUpz.Com's
Copyright Agent for notice of claims of copyright infringement can be
reached as follows: Copyright Agent, HookUpz, Inc., 8391 Beverly Blvd.,
#349, Los Angeles, CA 90048; Facsimile: (310) 969-7394; Attn: Copyright
Agent; and email: management@HookUpz.Com.
10. Member Disputes. You are solely responsible for your
interactions with other HookUpz.Com Members. HookUpz.Com reserves the
right, but has no obligation, to monitor disputes between you and other
Members.
11. Privacy. Use of the HookUpz Services is also governed
by our Privacy Policy, which is incorporated into this Agreement by this
reference.
12. Disclaimers. HookUpz.Com is not responsible for any
incorrect or inaccurate Content posted on the Website or in connection
with the HookUpz Services, whether caused by Users of the HookUpz Services
or by any of the equipment or programming associated with or utilized
in the HookUpz Services. Profiles created and posted by Members on the
Website may contain links to other website's.HookUpz.Com is not responsible
for the Content, accuracy or opinions expressed on such website's., and
such website's are in no way investigated, monitored or checked for accuracy
or completeness by HookUpz.Com. Inclusion of any linked website on the
HookUpz Services does not imply approval or endorsement of the linked
website by HookUpz.Com. When you access these third-party sites, you do
so at your own risk. HookUpz.Com takes no responsibility for third party
advertisements which are posted on this Website or through the HookUpz
Services, nor does it take any responsibility for the goods or services
provided by its advertisers. HookUpz.Com is not responsible for the conduct,
whether online or offline, of any User of the HookUpz Services. HookUpz.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. HookUpz.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 HookUpz 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 HookUpz Services. Under no circumstances shall HookUpz.Com be
responsible for any loss or damage, including personal injury or death,
resulting from use of the HookUpz Services, attendance at a HookUpz.Com
event, from any Content posted on or through the HookUpz Services, or
from the conduct of any Users of the HookUpz Services, whether online
or offline. The HookUpz Services are provided "AS-IS" and as
available and HookUpz.Com expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. HookUpz.Com cannot guarantee
and does not promise any specific results from use of the HookUpz Services.
13. Limitation on Liability. IN NO EVENT SHALL HookUpz.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 HookUpz.Com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, HookUpz.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 HookUpz.Com FOR THE HookUpz SERVICES
DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection
with the HookUpz Services (the "Software") is further subject
to United States export controls. No Software may be downloaded from the
HookUpz 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 HookUpz Services, you agree that the dispute shall be governed by
the laws of the State of California, 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 California, City of Los Angeles. Either HookUpz.Com or you may demand
that any dispute between HookUpz.Com and you about or involving the HookUpz
Services must be settled by arbitration utilizing the dispute resolution
procedures of the American Arbitration Association (AAA) in Los Angeles,
California, USA, provided that the foregoing shall not prevent HookUpz.Com
from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold HookUpz.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 HookUpz 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 Website or through the HookUpz Services causes HookUpz.Com
to be liable to another.
17. Other. This Agreement is accepted upon your use of
the Website or any of the HookUpz Services and is further affirmed by
you becoming a Member. This Agreement constitutes the entire agreement
between you and HookUpz.Com regarding the use of the HookUpz Services.
The failure of HookUpz.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. HookUpz.Com is a trademark of HookUpz,
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: HookUpz Management with any questions regarding this Agreement.
© Copyright 1999-2007 All
Rights Reserved
HookUpz.Com a Subsidiary of PCS World Network, Inc.