TERMS & CONDITIONS OF
SERVICE
This is a legal Agreement
between you and HippieHollow.com. Please read the Agreement carefully
before registering for the HippieHollow.com services. By registering for
services at HippieHollow.com, you become a Member of the Service, and you agree to be
bound by the terms and conditions of this Agreement for as long as you
continue to be a Member. If you do not agree to the terms, please do not
register for the HippieHollow.com service. The terms are subject to change
by HippieHollow.com at any time, effective upon notice to you.
SERVICE
AGREEMENT
1.0 ACKNOWLEDGMENT AND
ACCEPTANCE OF TERMS & CONDITIONS
The Service is provided
to you under the terms and conditions of this HippieHollow.com Service
Agreement and any amendments to it and any HippieHollow.com operating rules
or policies. This Agreement applies to each service separately or
collectively.
By completing the
registration process and clicking the checkbox labeled "I have read and
understood the foregoing agreement and agree to be bound by all of its
terms", you agree to be bound
by the Agreement.
You must be 18 years old
or older to access and use HippieHollow.com Member Photo Gallery.
Participating in, using
and/or registering for this Service means you accept the Terms of Use and
Disclaimers set out here. If for any reason you do not agree to and abide by
the Terms of Use and the Disclaimers in its entirety or any individual part
of it, you may not use this Service.
You hereby acknowledge,
understand and agree that all information disclosed by you to
HippieHollow.com has been disclosed freely
and knowingly, and that any and all information posted in or on the HippieHollow.com
site will be
used in furtherance of the services HippieHollow.com offers. The
information will not be disclosed knowingly or willfully to any third party
without your authorization as described in detail in the Privacy Policy,
except as may otherwise be permissible by this Agreement and required by the
Services offered by HippieHollow.com.
You acknowledge that by
submitting any type of communications to HippieHollow.com , no fiduciary,
confidential, contractually implied or other relationship is created between
you andHippieHollow.comor any of its subsidiary or affiliate other than
those subject to these terms and conditions. HippieHollow.comshall not be
responsible for any payment of money to any party in connection with
HippieHollow.com and/or any of its other companies and/or affiliates use of
communications submitted by you to the site in anyway.
You assume all risk
and/or responsibility for damage or loss arising indirectly or directly from
the use of the HippieHollow.com service.
You may not transmit,
post or otherwise use any information made available by the Service or the
site HippieHollow.com without the express permission of the owner of that
information.
You shall not interfere
or attempt to interfere with the operation of the Site, Service and/or
Software in any way through any means or device including but not limited to
uploading computer viruses, hacking, spamming and/or time bombs, or by means
expressly prohibited by any provisions of these Terms and Conditions.
You and/or any Member
and/or Guest may not at any time attempt to use or act upon any software,
robot, and bot, spider and/or any other means of entering the System and/or
Service. You may not post any type of service or URL for any reason.
You, Member and/or Guest
may not use HippieHollow.com or any of its other companies or services to
transmit libelous, racist, vulgar, or otherwise offensive and/or illegal
material.
HippieHollow.com is not
responsible for any disruptions, errors, delays, information, quality,
content, accuracy, or any other aspect of the information provided by
HippieHollow.com or in its transmissions.
You agree that HippieHollow.com will not be liable and,
will have no liability for any punitive, consequential, direct or indirect,
special or incidental damages, whether foreseeable or unforeseeable to you
for any damages or loss, either consequential or actual, arising out of or
relating to these terms, or to your or any third party use or inability to place content on a
Site, to use a Site, or to your reliance on information obtained from or
through a Site,in particular,HippieHollow.com and any of its other sites
and/or companies and/or any Site owned by HippieHollow.com.
This includes but is not
limited to claims of errors, interruptions, defamation, loss of data in
availability of data, arising out of or relating to these terms, your use or
inability to use a site, or to your placement of content on a site, or to
your reliance upon information obtained from or through a Site, whether
based in contract, tort, statutory or other law, except only in the case of
death or personal injury where and only to the extent that applicable law
requires such liability.
HippieHollow.com has and
reserves the right to remove anything that it deems in its sole and absolute
discretion and in compliance with relevant laws, does not comply with the
terms of use, or is offensive, vulgar, racist, harmful, or otherwise unfit.
HippieHollow.com
reserves the right to cancel any membership without prior notice and/or
access without prior notice of any User, Member, and/or Guest, who does not
comply with these and all rules.
HippieHollow.com is not
responsible for any misuse of information or material
provided. HippieHollow.com is not obligated to monitor, verify or review any
information provided nor does it monitor transmissions for quality or
content.HippieHollow.com may monitor the contents in its services but is
not obligated to do so.
HippieHollow.com shall
have the right for any reason, in its sole discretion, to suspend, change,
terminate, or discontinue any aspect of the site, including but not limited
to features, content or hours of availability. HippieHollow.com may also
impose limits on certain services and features or restrict your access to
parts or the entire Site without notice or liability.
HippieHollow.com is not
responsible for the contents of any off site pages referenced from the Site.
You specifically acknowledge that HippieHollow.com are not liable for the illegal, offensive, or
defamatory conduct or anything else related to the use of other users, third
parties or links. Solely you undertake the risk of injury from the
foregoing.
Any and all links from
HippieHollow.com to other sites
do not constitute an endorsement from HippieHollow.com. These links are
provided as an information service only. It is the responsibility of the
user to evaluate the content and usefulness of information from these links.
HippieHollow.com
reserves the right, at its sole discretion, to modify, change, add or remove
any portion of these terms and conditions of use, in whole or in part, at
any time. Changes in these terms and conditions of use will be effective
from the time they are posted on the Site. You agree to review these terms
and conditions of use periodically to be aware of any changes. Your
continued use of the site after changes to these terms and conditions of use
will be considered as your Acceptance of those changes.
HippieHollow.com can
own, control, license or has the right to use and provide the Site and all
material on the site including, without limitation, tables, text, images,
illustrations, photographs and/or content. The Site is protected by
copyright as a collective work and/or compilation, pursuant to copyright
laws, international conventions. HippieHollow.com is the owner of the
copyright of the entire Site.
You agree to abide by any
and all information, restrictions, and/or copyright notices displayed on the
Site.
Your comments and
suggestions on HippieHollow.com, the Site, the Service and/or the Software
are welcome. Any or all information, suggestions, ideas, comments and/or
text becomes the property of HippieHollow.com with no commission or money
to be exchanged in return.
At the sole discretion of
HippieHollow.com the Company may be free to pay a commission or exchange of
money for ideas, but HippieHollow.com is under no obligation to pay any
money at any time for anything sent to HippieHollow.com.
HippieHollow.com
reserves the right to use any materials or information you provide to it or
that it obtains through your use of the Site, Software, Service, offline
Sites and/or any other Partner, affiliate, or any company, service, system,
software, or any other means, owned by, related to and/or partner of
HippieHollow.com, to the fullest extent permitted by law.
Anytime you, Member
and/or Guest upload files, messages, enter data or engage in any other form
of communication, individually or collectively within the site, you grant to
HippieHollow.com a perpetual, World Wide, irrevocable, unrestricted,
non-restricted, non-exclusive, royalty-free license to use. This includes
use for promotional and advertising purposes, copy, license, sublicense,
adapt, distribute, display, publicly perform, reproduce, transmit, modify,
edit and otherwise exploit such communications and any ideas or original
materials contained in such communications, in all media now known or
hereafter developed. This grant shall include the right to exploit any and
all proprietary rights in such communications including, without
limitations, any and all rights under copyright, trademark, service mark or
patent laws under any relevant jurisdiction.
You waive all rights you
may have to inspect and/or approve of any use by HippieHollow.com of any
material or idea, submitted by you in any communication or to receive any
compensation for such use.
You waive all rights to
any claim against HippieHollow.com for any alleged or actual infringements
of any proprietary rights, rights of privacy and publicity, moral rights,
and rights of attribution in connection with such communications.
You agree and understand
that HippieHollow.com is under no obligation to use any material or idea
submitted by you in any communication in any way whatsoever.
You agree to indemnify
and hold harmless, HippieHollow.com, and/or each of its stand-alone
services, its parents, subsidiaries, affiliates, officers, advertisers,
employees, agents, and third parties from and against any claims,
liabilities, losses, costs, damages or expenses. This includes but is not
limited to Attorney's fees arising from the use of or participation in
the HippieHollow.com Service or the information contained in it.
You are solely
responsible for the quality, accuracy of information and content you
provide.
2.0 MEMBER'S REGISTRATION
INFORMATION
As a condition for using
the Service, you agree to:
- provide true, accurate,
current and complete information about yourself as prompted during the
registration process, including but not limited to the Contact Information
form; and
- to maintain and update
this information to keep it true, accurate, current and complete.
- If any information
provided by you is found to be untrue, inaccurate, non-current or
incomplete, HippieHollow.com has the right to terminate your account and
refuse any and all current or future use of the HippieHollow.com Service.
3.0 MEMBER INFORMATION &
EMAIL
HippieHollow.com
considers non-public member account information, including but not limited
to information provided during the registration process and e-mail
communications transmitted through the Service, to be private information.
HippieHollow.com shall not disclose such information to any third parties
without your consent. Except when you agree that this excludes the
circumstances, HippieHollow.com may do so in the good faith that such action
is reasonably necessary:
- to comply with the law;
- to comply with legal
process;
- to enforce the Agreement;
- to respond to claims that
such content violates the rights of third-parties;
- to protect the rights or
interests of HippieHollow.com; or
- to protect the rights or
interests ofHippieHollow.com users or others.
You understand and agree
that HippieHollow.com may access the content of your account in order to
identify and resolve technical problems or service complaints.
4.0 MODIFICATIONS TO
SERVICE AGREEMENT
HippieHollow.com may
change the Agreement from time to time. You may be informed of any such
changes by a notice on the log-in page of the Service stating that the
Agreement has changed. Your continued use of the Service
after HippieHollow.comhas posted such notice constitutes your acceptance of
any such changes.
5.0 MODIFICATIONS TO
SERVICE
HippieHollow.com
reserves the right to modify or discontinue, temporarily or permanently, the
HippieHollow.com Service with or without notice to you.
You agree that
HippieHollow.com shall not be liable to you or any third party for any
modification or discontinuation of the Service.
6.0 MEMBER CONDUCT
You agree to be solely
responsible for the contents of your transmissions to or through the Service
and for your interactions with other HippieHollow.com members.
6.1 You agree to abide by
all applicable local, state, national, and international laws and
regulations in your use of the Service, and agree not to attempt to gain
unauthorized access to other computer systems or networks connected to the HippieHollow.com Service. You also agree not to interfere with the use and
enjoyment of the Service by other members.
6.2 You agree not to
transmit any unlawful, harassing, libelous, privacy invading, sexually
explicit and/or racially offensive, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind. You agree not to
transmit any pictures that have been edited or distorted.
(i) sexual
intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex;
(ii) bestiality;
(iii) masturbation;
(iv) sadistic or
masochistic abuse; or
(v) lascivious
exhibition of the genitals or pubic area of any person.
6.3 You agree not to
transmit any material that violates the rights of another, including but not
limited to the intellectual property rights of another.
6.4 You agree not to
transmit "junk mail", "spam," "chain letters, " or unsolicited mass
distribution of email, or to use the HippieHollow.com Service for any
commercial purposes.
6.5 You agree not to
include in your public profile any telephone numbers, street addresses, last
names, URLs, email addresses, offensive anatomical or sexual references or
offensive sexually suggestive language. You also agree not to post any
photos containing offensive material in any areas on the Site/Service, which
are accessible to the public or HippieHollow.com's general membership.
HippieHollow.com
reserves the right, but has no obligation, to reject or remove any profile
or photo that does not comply with the letter or spirit of the Agreement.
6.6 Your membership in
the HippieHollow.com Service is for your sole personal use. You may not
authorize others to use your membership and you may not assign or otherwise
transfer your account to any other person or entity. You are responsible for
logging out if your computer is accessible to others. This prevents
unauthorized access.
7.0 NO RESALE OF SERVICE
You agree not to resell
the HippieHollow.com Service or use of or access to the Service.
8.0 TERMINATION
You agree
that HippieHollow.com may, in its sole discretion, terminate or suspend
your access to all or part of the Service for any reason, including, without
limitation, breach of the Agreement or any subsequent modifications, or
attempt to assign to anyone your account. You acknowledge and agree that
termination may be effected without prior notice, and acknowledge and agree
that HippieHollow.com may immediately delete files in your account and bar
any further access to it.
8.1 HippieHollow.com
shall not be liable to you or any third party for the termination of Service
or any claims related to the termination of Service. Any suspected
fraudulent, abusive or illegal activity may be termed as grounds for
termination of your account and may be referred to appropriate law
enforcement authorities.
8.2 Should you object to
any terms and conditions of the Agreement, or any subsequent changes to the
Agreement, or become dissatisfied with the Service in any way, your only
recourse is to immediately:
- Discontinue and
terminate your membership with the Service; and
- Notify HippieHollow.com
of termination by sending e-mail to info11 @ hippiehollow,com.
8.3 Your membership under
this Agreement shall be available for an unspecified term on an “at will”
basis. You agree that your membership may be terminated immediately for any
reason whatsoever. The termination of membership will terminate your right
to use the HippieHollow.com Service and the HippieHollow.com website and
database.
8.4 Refund Policy:
If you are not 100%
satisfied with our service, for any reason, you may close your account
within the first ten days of your membership and we will issue you a full
refund. This offer applies to first time members only.
We reserve the right to terminate the Service Agreement
and your membership in the Service. In such event, you shall not be entitled
to any refund of any unused subscription fees. Even after membership is
terminated, this Agreement will remain in effect.
After the first ten days, early termination of your account, does not result
in a prorated refund. After ten days we require that you stay the entire
length of your subscription to consider any match guarantees that may apply
and qualify you for a prorated refund or service extension.
9.0 DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD
PARTIES
Your correspondence, transactions or other dealings
with advertisers, HippieHollow.com partners, vendors or other
third parties available on or linked through the Service, including but not
limited to payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser, partner, vendor or
other third party.
HippieHollow.com does not endorse and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such parties or resources.
You agree not to hold HippieHollow.com liable for any
loss or damage of any sort incurred as the result of the presence,
availability or non-availability of the advertisers, partners, vendors or
other third parties available on or through the Service, or as the result of
any dealings with such parties, including but not limited to attendance at
events advertised or purchase or use of goods or services offered on or
through the HippieHollow.com site.
10.0 PROPRIETARY RIGHTS
10.1 You acknowledge and agree that content, including
but not limited to text, software, music, sound, photographs, graphics,
video, or other material contained in sponsor advertisements or information
presented to you by HippieHollow.com, its partners or advertisers, is
protected by copyrights, trademarks, service marks, patents, or other
proprietary rights and laws. You acknowledge and agree that you are
permitted to download and print this material and information for your
personal, non-commercial use or as expressly authorized by
HippieHollow.com, its partners or advertisers, and may not copy, reproduce,
transmit, distribute, or create derivative works of such content or
information without express authorization.
10.2 You acknowledge and agree that any material you
send to HippieHollow.com, by email or otherwise, or that you post in any
areas on the Service that are accessible to the public or
HippieHollow.com's general membership, will be treated as non-confidential
and non-proprietary and HippieHollow.com may use such material, in whole or
in part, in any medium for any purpose, including but not limited to the
reproduction, disclosure, transmission, publication, broadcast and posting
of such material in advertising and promotions.
11.0 DISCLAIMER OF WARRANTIES
The Service and the materials available on or through
the HippieHollow.com Service are provided "as is" and "as available" and
without warranties or conditions of any kind either express or implied.
To the fullest extent permissible under applicable
law, HippieHollow.com disclaims all warranties and conditions express or
implied, including, but not limited to, implied warranties and conditions of
merchantability, merchant quality, correspondence to description and fitness
for a particular purpose.
HippieHollow.com does not represent or warrant that
the HippieHollow.com Service will be uninterrupted or error-free, or that
defects will be corrected, or that this site or the server that makes it
available, are free of viruses or other harmful components.HippieHollow.com
does not represent or warrant that the materials or the results of the use
of the materials available through the Service or from third parties will be
correct, accurate, timely, reliable or otherwise.
12.0 LIMITATION OF LIABILITY
To the fullest extent permissible under applicable
law, HippieHollow.com shall not be liable under any circumstances, including
but not limited to negligence, for any direct, indirect, incidental, special
or consequential damages that result from:
- the use of or the inability to use the
HippieHollow.com Service,
- any changes to the Service,
- unauthorized access to or alteration of your
transmissions or data,
- any material or data sent or received or not sent or
received, or
- any transactions entered into through the Service.
You specifically agree that HippieHollow.com is not
responsible or liable for any threatening, defamatory, obscene, offensive or
illegal content or conduct of any other party or any infringement of
another's rights, including intellectual property rights. If you are
dissatisfied with the HippieHollow.com Service, the materials available on
or through the Service, or with any of HippieHollow.com's terms and
conditions, the sole and exclusive remedy available to you is to discontinue
using HippieHollow.com.
In no event, except in jurisdictions where such
provisions are restricted, shall HippieHollow.com and each of its
stand-alone services, its parents, subsidiaries, affiliates, officers and
employees be liable to you or any third party for any exemplary, incidental,
indirect, consequential, special or punitive damages, including any and/or
lost profits arising from your use of the Site, HippieHollow.com, any and
all other sites, any and all services, advertising, banners, and/or any part
of the site and/or any service or services offered, even if
HippieHollow.com has been advised of the possibility of such damages.
At all times HippieHollow.com and all of its other
services and companies shall never in any way be liable to you for more than
the amount paid.
Notwithstanding anything to the contrary contained
here, HippieHollow.com, and each of its stand-alone services, its parents,
subsidiaries, affiliates, officers and employees are not liable 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 HippieHollow.com for
any and all services during the term and/or terms of the Membership.
Some jurisdictions do not allow the limitation or
exclusion of warranties, conditions or liability for incidental or
consequential damages, so some of the above limitations in Sections #11 and
#12 may not apply to you.
13.0 INDEMNIFICATION
You agree to indemnify and hold harmless HippieHollow.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and
employees, from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising from the
content you transmit to or through, as well as your conduct on or arising
from your use of the HippieHollow.com Service and your use of the service
in violation of this Agreement and/or arising from a breach of these terms
of use and/or any breach of your representations and warranties set forth
within this Agreement.
Any and all users or members shall indemnify and hold
harmless HippieHollow.com and each of its stand-alone services,its parents, subsidiaries, affiliates, officers and
employees from and against any claims, costs, damages,
liabilities, expenses, losses or damages including Attorney's fees arising
from the use of or participation in this Service or the information
contained there.
If any part of this Agreement is said to be not
included all other parts will still apply.
14.0 NOTICE
Any notice to HippieHollow.com shall be made via email
or regular mail. HippieHollow.com may provide notices of changes to the
Agreement or other matters by displaying notices to members generally on the
Site, or via e-mail or regular mail.
15.0 GENERAL
HippieHollow.com's failure to exercise or enforce any
right or provision of the Agreement shall not constitute a waiver of such
right or provision. If any provision of the Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision. And the other provisions of the Agreement 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 Service or the Agreement must be filed within one (1) year after such
claim or cause of action arose, or be forever barred.
The section titles in the Agreement are for convenience
only and have no legal or contractual effect.
16.0 PROFILE DISCLAIMER
HippieHollow.com posts all profiles without explicit
knowledge of and/or about the person who submitted the profile or profiles.
At any time you suspect anyone of wrongdoing or if at any time you feel the
need to contact HippieHollow.com about a violation of its policy and/or
policies please contact HippieHollow.com through email at the
addresse listed in the contact section of the site.
HippieHollow.com considers any violation a serious
matter and it reserves the right to contact any person about conduct
regarding HippieHollow.com and/or of its services.
17.0 DISCLAIMERS
At no time is HippieHollow.com responsible for any inaccurate or incorrect content posted on the site
or in connection with HippieHollow.com and/or each of its
stand-alone Services, its parents, subsidiaries, affiliates, officers,
advertisers, whether caused by the user, users, members, guest, or by any of the equipment or programming associated with
or utilized in the service, nor for the conduct of any
user, member, and/or guest of the HippieHollow.com service and/or services,
whether online or offline.
HippieHollow.com assumes no responsibility for any
interruption, technical malfunctions, error, defect, deletion, omission,
communications line failure, delay in operation or transmission,
unauthorized access to, theft or destruction, or alteration of, members
and/or users and/or guest communications. This includes personal injury or
damage to users, members, guest, or anyone else or to any person's computer
related to or resulting from participating or downloading materials in
connection with HippieHollow.com and each of its stand-alone services, its
parents, subsidiaries, affiliates, officers and employees.
The Service and the site are provided "as is" and
HippieHollow.com expressly disclaims any warranty of fitness for a
particular purpose or non-infringement.
HippieHollow.com cannot guarantee and does not promise
any specific results from use of the Service and/or the Site of
HippieHollow.com
18.0 OTHER
This Agreement, accepted upon use of the Site and
further affirmed by becoming a Member of HippieHollow.com and any of its
Services, contains the entire Agreement between you and HippieHollow.com
regarding the use of the Site and/or any and all services or Service.
If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect.
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