Hyperink, Inc. TERMS AND CONDITIONS OF USE
Effective Date: December 1, 2010
1. DESCRIPTION OF SITE
Hyperink, Inc. is a producer, publisher and syndicator of professional content. Utilizing its own made-for-internet content and digital product creation tools, Hyperink, Inc. operates a publishing platform and e-commerce website. Hyperink, Inc. was founded in December 2010 and is based in San Francisco, California.
2. MODIFICATIONS TO TERMS
3. CONTENT; MODIFICATIONS TO SITE; SUBMISSIONS
3.1 Content Protected by Intellectual Property Rights. For purposes of these Terms, “Content” means applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and works of authorship. Any Content available through the Site (“Site Content”) is protected by the intellectual property rights of Hyperink, Inc. or its licensors.
3.2 Modifications. We reserve the right to modify or discontinue, and restrict or block access to, the Site without notice to you.
3.3 User Ideas. When you submit ideas, suggestions, or proposals (collectively, “Ideas”) to Hyperink, Inc., you represent, warrant, and agree that: (a) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third party rights of any kind; (b) if we so choose, we may use and disclose your Ideas in any way; and (c) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (i) Hyperink, Inc. may have already created, or be in the process of creating, content that may be substantially similar to your Ideas at the time you submit those ideas to us, and (ii) elements of your Ideas may not be subject to protection under copyright law.
4. PROHIBITED CONDUCT; LIQUIDATED DAMAGES
You agree not to do, or attempt to do, any of the following, subject to applicable law:
access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
access, tamper with, or use services or areas of the Site that you are not authorized to access;
alter information on or obtained from the Site;
use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
impersonate or misrepresent your affiliation with any person or entity;
reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or
take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR 40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
6. DEALINGS WITH MERCHANTS; LINKS
7. DISCLAIMER OF WARRANTIES
Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; Hyperink, Inc. does not warrant the successful operation of the Site on your computer, and we are not liable for any such problems that result from your use of the Site.
MOREOVER, THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM Hyperink, Inc., ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK.
8. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER Hyperink, Inc. NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF Hyperink, Inc., AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF ITS RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
9. COPYRIGHT INFRINGEMENT
Hyperink, Inc. respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
a. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
b. identification of the copyrighted work that you claim has been infringed;
c. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Hyperink, Inc. to locate the material (for example, by providing a URL to the material);
d. your name, address, telephone number, and email address;
e. a 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; and
f. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at: firstname.lastname@example.org.
10. CONTACT INFORMATION
We receive many emails and not all of our employees are trained to deal with every kind of communication. Therefore, with the exception of notices related to copyright infringement described above, you agree to send us any notice by mailing it to our address for Legal Notices which is: 333 Bryant Street Suite 330, San Francisco, CA, 94107, Attn: Legal Department.
11. ADDITIONAL TERMS
a. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site by certain persons or in certain countries may not be legal.
b. No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
c. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
d. Jurisdiction; Choice of Law; Export Limitations. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Hyperink, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County, California. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in California. You hereby consent to jurisdiction in a state or federal court sitting in Los Angeles, California and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law.
e. Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
f. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
g. Entire Agreement. These Terms (including terms incorporated into them comprise the entire agreement (the “Entire Agreement”) between you and Hyperink, Inc. with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
h. No Waiver. The failure of Hyperink, Inc. to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Hyperink, Inc.’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
LEGAL NOTICES. Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms. You may review the notices by clicking on their link
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
Hyperink, Inc. WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY Hyperink, Inc. TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE Hyperink, Inc. PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY Hyperink, Inc., PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO Hyperink, Inc. COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003″) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARKS
The Hyperink, Inc. trademark and all other trademarks listed here or used in the Site are owned or used under license by Hyperink, Inc. and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any Hyperink, Inc. trademarks without express written permission from Hyperink, Inc. and only in accordance with Hyperink, Inc.’s Trademark Guidelines. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © 2010-Present Hyperink, Inc. U.S.A. All rights reserved.