TERMS & CONDITIONS
Welcome to hi5space - the online stop to meet people from
around the world. By joining and being the
hi5space Online Community you are connected to friends from
around the world. ("hi5space", "us", or "we") operates on
our website, currently located at http://www.hi5space.com ,
you agree to be bound by these Terms & Conditions (this
"Agreement"), whether or not you register as a member of the
hi5space Community ("Member"). The hi5space services consist
of the Community, tangible-hands on services such as chat,
music upload etc., and the Website with public functionality
that is open to the community.
If you wish to become a Member, communicate with other
Members, and make use of the Service, read this Agreement
and follow the instructions in the registration process.
This Agreement sets out the legally binding terms for your
membership and may be modified by
hi5space from time to time. Any modifications shall be
effective upon posting by
hi5space on the Website.
Services, you are subject to all applicable guidelines,
terms, or rules applicable to such functionalities and
features, which may be posted from time to time. All such
Additional Terms set forth for
hi5space TERMS & CONDITIONS are hereby incorporated by
reference into this Agreement. If such additional
functionalities and features are provided to us by any of
our partners (such as, but not limited to, media players for
content provided by our licensors) the additional terms that
govern your use of such functionalities and features are not
incorporated into this Agreement, but shall govern your use
of such functionalities and features and you hereby agree to
comply with and be bound by such terms as a condition to
your access and use of such functionalities and features.
1. ELIGIBILITY. THE SERVICES ARE INTENDED SOLELY FOR ACCESS
AND USE BY INDIVIDUALS THAT ARE THIRTEEN (13) YEARS OF AGE
OR OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE
CERTIFYING THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD. By
using the Services, you represent and warrant that you have
the right, authority, and capacity to enter into this
Agreement and to abide by all of the terms and conditions of
this Agreement. If you are merely surfing or browsing
through the Website and have not yet registered to become a
Member, your use of the Website is still subject to this
Agreement; if you do not agree to this Agreement, do not use
the Services. 2. PASSWORD. When you sign up to become a
Member, you will also be asked to choose a username and a
password for your Member profile. You are entirely
responsible for maintaining the confidentiality of your
password. You agree not to use the Member profile, username,
or password of another Member at any time. You agree to
notify us immediately if you suspect any unauthorized use of
your Member profile or access to your password. You are
solely responsible for any and all use of your Member
profile. 3. TERM. This
Agreement will remain in full force and effect while you use
the Services and/or are a Member. You may terminate your
membership at any time, for any reason by following the
instructions on the "Help" pages, or upon receipt by
hi5space of your written or email notice of termination.
hi5space may terminate your access to the Website.
hi5space may terminate your membership for any reason
effective upon sending notice to you at the email address
you provide in your application for membership or such other
email address as you may later provide to
hi5space. If hi5space terminates your membership in the
Community because you have breached the Agreement, you will
not be entitled to a refund of any unused subscription fees,
if applicable. Even after this Agreement is terminated, the
following provisions of this Agreement will remain in
effect: Sections 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
18, 19, and 20. 4. NON-COMMERCIAL USE BY MEMBERS.
The Services are for the personal use of individual Members
only, and may not be used in connection with any commercial
endeavors. This includes providing links to other websites,
whether deemed competitive to
hi5space or otherwise. Organizations, companies, and/or
businesses may not become Members of
hi5space and should not use the hi5space Services for any
purpose. Illegal and/or unauthorized uses of the Services,
including unauthorized framing of or linking to the Website
will be investigated, and appropriate legal action will be
taken. 5. PROPRIETARY RIGHTS IN THE SERVICE.
hi5space owns and retains all proprietary rights in the
Services.
The Services contain the copyrighted material,
trademarks, and other proprietary information ("Intellectual
Property") of hi5space, and its licensors, including other
hi5space Members. Except for Intellectual Property which is
in the public domain or for which you have been given
written permission, you may not copy, modify, publish,
transmit, distribute, perform, display, or sell any such
Intellectual Property and the provision of such Intellectual
Property to you through the Services does not transfer to
you or any third party any rights, title or interest in or
to such Intellectual Property, including, without
limitation, any intellectual property rights in any Content
and material included therein. 6. CONTENT POSTED ON THE
SERVICES.
You understand and agree that hi5space may (but is not
obligated to) review any classified ads, content,
communication, information, Intellectual Property, material,
messages, photos, videos, URLs, profiles and the like
(collectively, "Content") that is uploaded, published or
displayed (hereinafter, "posted") on the Services and delete
or refuse to take online any such Content, including,
without limitation, any Content that in the sole judgment of
hi5space violates this agreement or which might be
offensive, inappropriate, illegal, or that might violate the
rights, harm, or threaten the safety of other Members or
third parties.
You are solely responsible for the Content that you post on
the Services, or transmit to other Members or third parties.
By posting Content to any area of the Services, you
automatically grant, and you represent and warrant that you
have the right to grant, to
hi5space an irrevocable, perpetual, non-exclusive,
royalty-free and fully paid, worldwide license to reproduce,
distribute, publicly display and perform (including by means
of a digital audio transmission), and otherwise use Content
and to prepare derivative works of, or incorporate into
other works, such Content, and to grant and authorize
sublicenses of the foregoing. In addition, you represent and
warrant that you have the right to post the Content and you
will not post any illegal or prohibited Content and will not
infringe, misappropriate, violate or contravene any third
party rights (including, without limitation, any
intellectual property rights).
The following is a partial list of the kind of Content that
is illegal or prohibited on the Website ("Prohibited
Content").
hi5space reserves the right (but is not obligated) to
investigate and to take appropriate legal action in its sole
discretion against anyone who violates this provision,
including without limitation, removing the offending Content
from the Service and terminating the membership of such
violators. Prohibited Content includes Content that: (a) is
patently offensive to the online community, such as Content
that promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual; (b) harasses or
advocates harassment of another person; (c) involves the
transmission of "junk mail," "chain letters," or unsolicited
mass mailing or "spamming"; (d) promotes information that
you know is false, misleading or that promotes illegal
activities or conduct that is illegal, abusive, threatening,
obscene, defamatory or libelous; (e) promotes an illegal
and/or unauthorized ("pirated") copy of another person's
copyrighted work (whether marked as such, or not), such as,
but not limited to, providing pirated computer programs or
links to them, providing information to circumvent
copy-protection mechanisms, or providing pirated music,
video or other pirated Content, or links to such pirated
music, video files, or files that contain such other pirated
Content; (f) contains restricted or password only access
pages, or hidden pages or images (those not linked to or
from another accessible page); (g) displays pornographic or
sexually explicit material of any kind and in any form; (h)
provides material that exploits people under the age of 18
in a sexual or violent manner, or solicits personal
information from anyone under 18; (i) provides instructional
information about illegal activities such as, but not
limited to, making or buying illegal weapons, violating
someone's privacy, or providing or creating computer
viruses; (j) solicits passwords or personal identifying
information of any kind for commercial or unlawful purposes
from other users; and engages in commercial activities
and/or commercial sales without our prior written consent,
including, without limitation, contests, sweepstakes,
barter, advertising, and pyramid schemes; (k) constitutes,
promotes, or is used primarily for the purpose of dealing
in: counterfeit goods, items subject to US embargo, illegal
drugs and paraphernalia, stolen products and items used for
theft, unlicensed trade or dealing in stocks or securities,
gambling items, professional services regulated by state
licensing regimes or non-transferable items; or (l)
otherwise violates the terms of this Agreement or creates
liability for
hi5space. You must use the Services in a manner consistent
with any and all applicable laws and regulations.
You may not include in your Member profile any telephone
numbers, street addresses, last names, URLs or email
addresses. You may not engage in advertising to, or
solicitation of, other Members to buy or sell any products
or services through the Services, except as to the extent
expressly allowed by
hi5space in specific sections of the Services, such as the
?Classifieds? or similar section of the Services. You may
not transmit any chain letters or junk email to other
Members or other parties.
Although hi5space cannot monitor the conduct of its Members
off the Services, it is also a violation of these rules to
use any information obtained from the Services in order to
harass, abuse, or harm another person, or 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, hi5space
reserves the right to restrict the number of emails and
other communications (including sharing of Content) which a
Member may send to other Members in any twenty-four (24)
hour period to a number which
hi5space deems appropriate in its sole discretion. 7.
YOUR MEMBER PROFILE. Any Content used for or
photographs posted by you in your Member profile may not
contain nudity, violence, sexually explicit, or offensive
subject matter. You may not post a photograph of another
person without that person's permission. 8. USING THE
hi5space BAND SERVICE. In connection with your registration
on the Service as a band, you may have the opportunity to
post music, audio, artwork, video, or other Content
(collectively, "Band Content") on areas of the Service.
hi5space only permits and authorizes you to upload or post
Band Content on the Service if you have the right to upload
or Post such Band Content, have the right to grant the
license in this Agreement to hi5space and all users of
hi5space, and comply with all copyright, privacy,
attribution, trademark, publicity, or other intellectual
property or personal rights relating to such Band Content.
If you post any Band Content on the Service in violation of
the foregoing, your right to use the Service and any other
associated services will immediately cease and you agree to
cease at that time any and all use of the Service, any
associated services, and any use of hi5space or third
party content available in connection with the Service or
associated service. In addition to other remedies set forth
in this Agreement (including but not limited to
indemnification in section 18 below)
hi5space will have the right to immediately terminate or
suspend your account. 9. COPYRIGHT POLICY. You may not post,
distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of
such proprietary rights. Without limiting the foregoing, if
you believe that your work has been copied and posted on the
services in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following
information:
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been
infringed; a description of where the material that you
claim is infringing is located on the Website; your address,
telephone number, and email address; 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; 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. hi5space's Copyright Agent for
notice of claims of copyright infringement can be reached by
using our contact form at
http://www.hi5space.com/contact-us/ writing the following:
10. MEMBER DISPUTES.
Your interactions with other Members in connection with the
Services or with advertisers, including, without limitation,
payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated
with such dealings, are solely between you and the other
Members or the advertiser. You agree that
hi5space will not be responsible for any loss or damage
incurred as the result of any such dealings or with respect
to any other Member's use or disclosure of your personally
identifiable information. If there is a dispute between you
and any third party (including, without limitation, any
Member),
hi5space is under no obligation to become involved; however,
we reserve the right, but have no obligation, to monitor
disputes between you and other Members.
11. THIRD PARTY CONTENT.
Content from other Members, advertisers, and other third
parties may be made available to you through the Services.
Because we do not control such Content, (a) you agree that
we are not responsible for any such Content and (b) we make
no guarantees about the accuracy, currency, suitability, or
quality of the information in such Content, and we assume no
responsibility for unintended, objectionable, inaccurate,
misleading, or unlawful Content made available by other
Members, advertisers, and other third parties.
12. RELEASE.
To the extent permitted under applicable laws, you hereby
release hi5space from any liability related to: (a) any
incorrect or inaccurate Content posted on the Services,
whether caused by any user of the Services or Member, or by
any of the equipment or programming associated with or
utilized in the Services; (b) the conduct, whether online or
offline, of any user of the Services or Member; (c) any
problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers,
computer equipment, software, failure of email or Content
players on account of technical problems or traffic
congestion on the Internet or at any website, or combination
thereof, including injury or damage to user's and/or
Member's or to any other person's computer related to or
resulting from participating or downloading materials in
connection with the Services; (d) any loss or damage caused
by Content posted on the Services or transmitted by and to
Members, or any interactions between users of the Website
and/or Members, whether online or offline; and (e) any
error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or
alteration of, Website user or Member communications.
If you are a California resident, you hereby waive
California Civil Code Section 1542, which states: "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."
13. DISCLAIMER.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE
SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND hi5space
EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT AND hi5space DOES NOT GUARANTEE AND DOES
NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE
SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS;
(B) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE.
hi5space DOES NOT ASSUME ANY OBLIGATION TO MONITOR
ACTIVITIES ON THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
14. LIMITATION ON LIABILITY. TO THE EXTENT PERMITTED
UNDER APPLICABLE LAWS,
hi5space SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF
hi5space HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN,
hi5space'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE GREATER OF (1) ANY AMOUNT PAID BY YOU TO
hi5space FOR THE SERVICES; AND (2) TWENTY-FIVE U.S. DOLLARS
(US$25). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
15. U.S. EXPORT CONTROLS.
Any software provided by hi5space through the Services (the
"Software") is further subject to United States export
controls. No Software may be downloaded from the Services or
otherwise exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria,
Sudan, or any other Country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using
the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident
of any such country or on any such list. 16. GOVERNING LAW
AND ARBITRATION.
This Agreement shall be governed by the laws of the State of
California without giving effect to any conflict of laws
principles that may provide the application of the law of
another jurisdiction. You and
hi5space agree to submit to the jurisdiction of, and agree
that venue is proper in, the state courts located in San
Francisco, California (USA) and the federal courts located
in the Northern District of California (USA) in such legal
action or proceeding. Any claim or dispute (excluding claims
for injunctive or other equitable relief as set forth below)
in connection with this Agreement where the total amount of
the award sought is less than five thousand U.S. Dollars
(US$ 5,000.00) may be resolved in a cost effective manner
through binding non-appearance-based arbitration, at the
option of the party seeking relief. Such arbitration shall
be initiated through an established alternative dispute
resolution provider ("ADR Provider") that offers arbitration
as set forth in this section and under the rules of such ADR
Provider, except to the extent such rules are in conflict
with this Agreement.
The party demanding arbitration will propose an ADR Provider
and the other party shall not unreasonably withhold consent
to use such ADR Provider. The ADR Provider and the parties
must comply with the following rules: a) the arbitration
shall be conducted by telephone, online and/or be solely
based on written submissions, the specific manner shall be
chosen by the party initiating the arbitration; b) all
arbitration proceedings shall be held in English, or any
other language the parties may mutually agree upon; c) the
arbitration shall not involve any personal appearance by the
parties or witnesses unless otherwise mutually agreed by the
parties; and d) any judgment on the award rendered by the
arbitrator may be entered in any court of competent
jurisdiction. Each party shall bear its own costs (including
attorney fees) and disbursements arising out of the
arbitration, and shall pay an equal share of the fees and
costs of the ADR Provider. Notwithstanding the foregoing,
hi5space may seek injunctive or other equitable relief to
protect its intellectual property rights in any court of
competent jurisdiction. Please note that the laws of the
jurisdiction where you are located may be different from
California law.
You shall always comply with all the international and
domestic laws, ordinance, regulations and statutes that are
applicable to your use of the Services. 17. ELECTRONIC
COMMUNICATIONS. The communications between you and
hi5space use electronic means, whether you visit the Website
or send us emails, or whether
hi5space posts notices on the Services or communicates with
you via email. For contractual purposes, you (a) consent to
receive communications from
hi5space in an electronic form; and (b) agree that all terms
and conditions, agreements, notices, disclosures, and other
communications that
hi5space provides to you electronically satisfy any legal
requirement that such communications would satisfy if it
were be in writing. The foregoing does not affect your non-waiveable
rights.
18. INDEMNITY.
You agree to indemnify and hold hi5space, its subsidiaries,
affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or
demand, including reasonable attorney's fees, made by any
third party due to or arising out of your use of the
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. 19. OTHER.
This Agreement contains the entire agreement between you and
hi5space regarding the use of the Services. If any provision
of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect.
Notwithstanding any other provisions herein, no party will
be deemed as a third-party beneficiary to this Agreement and
a third party (including another Member) who is not a party
to this Agreement has no right to enforce any term of this
Agreement. If any provision of this Agreement is found to be
invalid or unenforceable, such provision will be changed and
interpreted to accomplish the objectives to the greatest
extent possible under any applicable law and the remaining
provisions will continue in full force and effect.
The failure of hi5space 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. Please contact us with any questions
regarding this Agreement. 20. COPYRIGHT/TRADEMARK
INFORMATION. Copyright © 2009,
hi5space. All rights reserved. The trademarks, logos and
service marks ("Marks") displayed on the Services are our
property or the property of other third parties. You are not
permitted to use these Marks without our prior written
consent or the consent of such third party which may own the
Mark.
