You acknowledge and agree
that we will not be liable to you or any third party in the event that we
exercise our right to modify or terminate access to the Site (or portions of the
Site). Unless explicitly stated otherwise, any new features that augment or
5. User Conduct
You warrant and agree that, in connection with your use of the Site, you will not:
6. Use of Interactive Components of the Site; Release
The Site may contain newsgroups, forums, chat rooms, project-related functions or forums and/or any other user generated content (collectively, "Site Forums""). As a user of the Site, you may provide content (including, without limitation, text or photographs or other graphics), e-mail communications, project information, or other information that is posted on or through the Site (collectively, as provided by any user "Forum Information"). You acknowledge that (i) Hingmy does not pre-screen Forum Information; (ii) Hingmy does not endorse or adopt (and has not necessarily reviewed) any Forum Information nor assumes any responsibility for any material therein; and (iii) Hingmy shall have the right (but not the obligation) in its sole discretion to refuse or remove any Forum Information on the Site and to edit or delete any Objectionable material. In the event you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In the event that you post or make accessible communications or other materials that infringe the copyrights of a third party, Hingmy shall terminate your access to the Site in accordance with Hingmy's copyright infringement policy pursuant to the Digital Millennium Copyright Act, as further described in Section 17.
It is Hingmy's policy not to tolerate any acts of intellectual property infringement or violations of law or to allow for any objectionable material to be posted at the Site. We expect users to take responsibility for their own actions and cannot assume liability for any acts of third parties which take place at the Site. By using the site you waive any and all claims or remedies which you might otherwise be able to assert against us under any theory of law (including but not limited to intellectual property laws) that arise out of or relate in any way to the Forum Information or our response, or failure to respond to a complaint. You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of Forum Information. We support free speech on the Internet and therefore will not act on complaints that we believe, in our judgment, to be deficient. If you believe that Forum Information remains on the Site that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us.
By submitting any content or Forum Information to the Site, including message boards, forums, contests and chat rooms, you grant us and our affiliates a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (either publicly or by digital audio transmission) the content or Forum Information (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content, subject to our Privacy Statement with respect to your Information (as defined in the Privacy Statement). You also warrant that the holder of any Rights in such content has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above.
As the owner of the copyrighted work ( " Work " ), you acknowledge that you have granted Hingmy LLC.com a license to reproduce, use, adapt, crop, modify, distribute, publicly display and make derivatives based on the Work for commercial and non-commercial worldwide use. By granting us this license you warrant that you have the authority and legal right to grant such a license.
7. General Practices Regarding Use and Storage
You acknowledge that Hingmy may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that Forum Information will be retained by the Site, the maximum disk space that will be allotted on Hingmy's servers on your behalf, and the maximum number of occasions (and the maximum duration for which) you may access the Site in a given period of time. You agree that Hingmy has no responsibility or liability for: (i) the deletion or failure to store any messages and other communications or other content maintained by or transmitted through the Site; or (ii) Hingmy's election, in its sole discretion, to retain any such messages or other communications or content transmitted through the Site. You further acknowledge that Hingmy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. Unsolicited Idea Submission Policy
Hingmy and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names.
The purpose of this policy is to avoid potential misunderstandings or disputes when Hingmy's products or marketing strategies might seem similar to ideas submitted to Hingmy. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to Hingmy or anyone at Hingmy. If, despite this request, you still send us your ideas and such materials, please understand that Hingmy makes no assurances that your ideas or materials will be treated as confidential or proprietary, and you hereby understand and agree that Hingmy is free to use any concepts, know-how or techniques that you submit to Hingmy for any purpose.
9. Intellectual Property Rights
10. Use of Site Content
You may without our permission:
"Qualified Site" means a
website that displays no Objectionable content, is not owned or controlled by a
competitor to Hingmy and the content of which is not competitive to the Site.
11. Third Party Issues
The Site offers information on and displays advertisements for products or services sold by persons not affiliated with us (each such person, a "Vendor"). We present these features to you for your information only. We do not endorse these products and services. We make no representations or warranties regarding any such Vendor product or service, whether presented on the Site or in a separate email from us or any third party to you. All matters concerning any Vendor product or service are solely between you and such Vendor, whether or not we may have received some form of revenue or other remuneration in connection with any such matter. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, OUT OF ANY SUCH MATTER.
We may provide links to websites, content and resources of third parties which are beyond our control. For example, if you want to purchase a product listed on the Site that is manufactured and/or sold by a Vendor, you will be linked to the Vendor's website. We are not responsible for the content on the Internet or a world wide web page that is contained outside our Site. When you leave the Site and enter a Vendor or other third party website, or any other website, your rights and obligations will be governed by the agreements and policies of that website. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH WE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST US WITH RESPECT TO SUCH SITES OR THIRD PARTIES.
12. General Disclaimer of Warranties
While we take great care in the Content we provide on our Site, we do not guarantee the accuracy or completeness of any Content on or provided in connection with the Site. Hingmy, its affiliates, consultants, associates, and other users may also provide advice as part of the Content on the Site ("Advice"). You agree that such Advice is provided for your informational purposes only, and that you must evaluate, and bear all risks associated with the use of any Advice, including any reliance on the accuracy, completeness, or usefulness of such information or content. In this regard, you acknowledge that you may not rely on any Advice.
You agree, in connection with any use of the Site: to release Hingmy and its officers, employees, directors, shareholders, and agents, from any and all claims, demands and damages, of any type and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with use of the Advice by or on behalf of you (including without limitation disputes of any kind with any parties dispensing Advice through the Site).
IF YOU INTEND TO USE ANY ADVICE OR INFORMATION OR TO PURCHASE ANY GOODS OR SERVICES ACCESSED THROUGH THE SITE, YOU SHOULD CAREFULLY READ THE CAPITALIZED WORDS SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. ADVICE IS SUBJECT TO ALL OF TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH BELOW.
USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, NON-INTERFERENCE WITH ENJOYMENT, ACCURACY, INTEGRATION AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN NO OTHER WARRANTIES HAVE BEEN MADE TO YOU BY OR ON BEHALF OF Hingmy OR OTHERWISE FORM THE BASIS FOR THE BARGAIN BETWEEN THE PARTIES.
WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE SITE OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
WARNING: Certain home improvement projects are inherently dangerous, and even the most benign tool, product, chemical or other material can cause serious injury or death if not used properly. ALWAYS READ AND FOLLOW INSTRUCTION MANUALS AND SAFETY WARNINGS, AND SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. Be particularly careful when dealing with electricity. Moreover, always use common sense. YOU EXPRESSLY AGREE TO HOLD US HARMLESS FROM ANY PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH, OR ANY OTHER LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SITE OR CONTENT.
No advice or information, whether oral or written, obtained by you from us or through the Site or Content, or Hingmy or its employees, consultants and/or experts shall create any warranty not expressly made herein.
13. Limitation of Liability
Certain product, service, or company designations for companies other than Hingmy may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where Hingmy is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
Our Copyright Agent for
notice of claims of copyright infringement on or regarding this Site can be
reached as follows: