PLEASE READ THESE TERMS AND CONDITIONS (THE "AGREEMENT") CAREFULLY BEFORE USING THE SERVICES. BY CLICKING ON THE "OKAY, DONE!" BUTTON, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOUR USE OF THE SITE AND THE SERVICES OFFERED BY HyperWeek IN ANY MANNER SHALL ALSO CONSTITUTE ASSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL HAVE NO RIGHT TO USE THE SITE OR THE SERVICES DESCRIBED HEREIN. YOUR USE OF THE SITE AND/OR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY HyperWeek, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The Web pages available at www.hyperweek.com and all linked pages ("Site"), are operated by Hyperweek SA. ("HyperWeek"), and are accessed by you ("User") under the following terms and conditions.
HyperWeek reserves the right, at its discretion, to modify the Agreement or Services (as defined below) or Content (as defined below) at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.
ACCESS TO THE SERVICES.
Subject to the terms and conditions of this Agreement, HyperWeek may offer to provide certain services and content solely for User's personal, non-commercial use, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"). Services shall include, but not be limited to, any services HyperWeek performs for User, as well as the offering of any materials displayed or performed on the Site (including, but not limited to diagrams, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") on the Site. HyperWeek may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. HyperWeek may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services.
User certifies to HyperWeek that if User is an individual (i.e., not a corporation or institution) User is of legal age to form a binding contract. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. Without limiting the foregoing, if User is under the age of 13, User is not allowed to use the Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not use, modify, publish, transmit, participate in the transfer, license or sale of, reproduce (except as provided in this section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, third party submissions, Services, or other proprietary rights not owned by User in whole or in part (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
User may, but only to the extent the Site expressly authorizes User to do so, download or copy the Content, and other items displayed on the Site for download, for personal, non-commercial use only, provided that User maintains all copyright and other notices contained in such Content. User shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from HyperWeek, or from the copyright holder (e.g. the person identified in such Content's copyright notice).
In the course of using the Services, User and other users may provide information which may be used by HyperWeek in connection with the Site or Services and which may be visible to certain other users. HyperWeek does not claim ownership rights in any original Content that User chooses to post to the Site or send using the Services. After posting original Content to the Site or sending Content using the Services, User continues to retain theownership rights in such Content that it had prior to such posting or sending, subject to the rights and licenses granted in this Agreement. User understands, consents and agrees that by uploading, displaying, publishing, posting or otherwise submitting information, materials or content to HyperWeek or through the Site (collectively, "User Submissions"), User hereby does and shall grant HyperWeek a non exclusive, worldwide, royalty free, fully paid, perpetual, irrevocable, sublicenseable and transferable right and license to use, reproduce, prepare derivative works of, distribute, publicly perform and display, modify, publish and otherwise fully exploit such User Submissions (including all related intellectual property and moral rights) in connection with the Site, Services and HyperWeek's (and its successor and assigns) business. User also hereby does and shall grant each user of the Site a non-exclusive license to access User Submissions through the Site and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under this Agreement. Further, HyperWeek may make User Submissions available for download by User, other users and the general public, and allow other users and the general public to download such User Submissions in accordance with the sharing and download options User specifies in the upload form for the applicable content file. If User has posted User Submissions to the Site prior to the Effective Date of this Agreement, as modified, User acknowledges and agrees that such User Submissions will only be so downloadable if User requests such service on an upload form for that content file.
User understands that all content, material, and information publicly posted or privately transmitted or otherwise accessible through the Site is the sole responsibility of the person from which such content originated and that HyperWeek will not be liable for any errors or omissions in any Content or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. User understands that HyperWeek cannot guarantee the identity of any other users with whom User may interact in the course of using the Service. Additionally, HyperWeek cannot guarantee the authenticity of any data which users may provide about themselves. User acknowledges that all Content accessed by User using the Services is at User's own risk and User will be solely responsible for any damage or loss to any party resulting therefrom.
As a condition of use, User represents, warrants and promises that it will not use the Services for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by HyperWeek, and that it possesses all rights necessary to use, upload, display and perform, publish, post, distribute and submit the User Submissions, and to grant HyperWeek and other users the rights and licenses to such User Submissions as provided herein.
By way of example, and not as a limitation, User represents, warrants and agrees that it will not contribute or send any Content or otherwise use the Services:
- to abuse, harm, harass, threaten, impersonate or intimidate other HyperWeek users;
- to contribute or send any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If User is an international user, User agrees to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any HyperWeek user;
- to modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;
- to create or submit unwanted email ("Spam") to any other HyperWeek users or any URL;
- to violate any laws in User's jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes;
User will not use any robot, spider, scraper or other automated means to access the Site for any purpose without HyperWeek's express written permission. Additionally, User agrees that it will not: (i) take any action that imposes, or may impose in HyperWeek's sole discretion an unreasonable or disproportionately large load on HyperWeek's infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures HyperWeek may use to prevent or restrict access to the Site.
User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any HyperWeek user. User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while User is not logged in to the Site and/or Service.
Some of the Services on the Site require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. Any fees paid hereunder are non-refundable. HyperWeek reserves the right to change its prices and to institute new charges at any time, upon prior notice to User, which may be sent by email or posted on the Site. User authorizes HyperWeek, directly or through third parties, to make any inquiries it considers necessary to validate User's account and financial information.
User acknowledges that HyperWeek has no control over, and no duty to take any action regarding: which users gains access to the Site or use the Services; what Content User accesses via the Site or Services; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases HyperWeek from all liability for User having acquired or not acquired Content through the Site or Services. The Site or Services may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. HyperWeek makes no representations concerning any content contained in or accessed through the Site or Services, and HyperWeek will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
REGISTRATION AND SECURITY.
As a condition to using the Services, User may be required to register with HyperWeek and enter an email address and password ("HyperWeek User ID"). User shall provide HyperWeek with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than User without appropriate authorization. HyperWeek reserves the right to refuse registration of, or cancel a HyperWeek User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's HyperWeek password.
User will indemnify and hold HyperWeek, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using User's account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL HYPERWEEK OR ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS OF THE GREATER OF THE AGGREGATE FEES PAID BY USER FOR SUCH SERVICES OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR (IV) FOR ANY MATTER BEYOND HyperWeek'S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
Either party may terminate the Services at any time by notifying the other party by any means. HyperWeek may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Upon termination of User's account, User's right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.
THIRD PARTY WEBSITES AND INTERACTIONS.
User's interactions with organizations and/or individuals found on or through the Service are solely between User and such organizations and/or individuals. User should make whatever investigation it feels necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. User agrees that HyperWeek shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site, or between User and any third party, User understands and agrees that HyperWeek is under no obligation to become involved. In the event that User has a dispute with one or more other users, User hereby releases HyperWeek, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If User is a California resident, User waives California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. HyperWeek shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond HyperWeek's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with HyperWeek's prior written consent. HyperWeek may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind HyperWeek in any respect whatsoever.
Effective Date: June 2, 2008
Those Term of services are a modified version of the terms of services available by Automattic under the Creative Commons Sharealike license. You're welcome to use this version under the same license.