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THIS WEBSITE AND RELATED SERVICES (COLLECTIVELY, THE “SITE”) ARE PROVIDED SUBJECT TO THESE TERMS OF USE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

  1. Acceptance

          These terms of use (“terms of use”) are a legally binding agreement between each user (including any registered user, trial user, visitor, or  aggregator)   (“you” and “your”) and HipCity, LLC (“HipCity,” “we,” “our,” or “us”). By using this site, you agree that you understand the terms of use and that you consent to be bound by all of its terms and conditions. These terms of use set forth your rights and obligations with respect to your use of and access to this site. If you do not agree to the terms, you should not use this site.

  2.  Ownership of the site; Restrictions on Use

           All pages within this site and any material made available for download are the property of HipCity. The site is protected by United States and international copyright and trademark laws. The contents of the site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this site (“content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes we authorize.

           We hereby grant you a nonexclusive, non-transferable license to use the site solely for your personal, non-commercial (except with regard to your use of inherent functionality provided through the site) use. As a condition of your use of the site, you agree that you will not use the site for any purpose that is unlawful or prohibited by these terms of use. If you breach any of these terms of use, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials..

            You may not use automated systems (e.g., robots, spiders, etc.) to access the site. You agree not to collect personally identifiable information of other users of the site or to sell or otherwise exploit that information. You agree not to use the site in any manner that could damage, disable, overburden or impair the site.

             Any rights not expressly granted by these terms of use or any applicable end user license agreements are reserved by us and/or our vendors and licensors.

      3.  Forums

            Our site may have forums that people can use to talk about and review HipCity products. While we will monitor postings regularly and take down offensive or inappropriate posts, we cannot guarantee that the postings made by third parties are appropriate for children or factually correct. If you think a posting is problematic, please flag it for removal. You agree that we have no responsibility or liability for information or content posted to the site from any non-HipCity affiliated third party.

      4.   Accuracy and Integrity of Information

            Although we try to ensure the integrity and accurateness of the Site, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the content of the site. In the event that an inaccuracy arises, please let us know so that we can make corrections. Information contained on the site may be changed or updated without notice.

      5.   Access to Site

            Some portions of the site require you to log in with a user ID and password, and you agree to use your own user ID and password. You agree to protect the confidentiality of your user ID and password, not to share or disclose your user ID or password to any third party, and to promptly notify us if you learn that your user ID or password may have been disclosed to an unauthorized third party.

            We may revoke your access to the site at any time with or without cause. You agree to defend, indemnify and hold us harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) we incur because of your use or access of the site, or any breach of these terms of use.

      6.   Submissions / Uploads to the Site

            If you submit or cause to be submitted any information or files to the site (“submissions”), you agree not to (a) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) submit or upload anything that violates the copyright or intellectual property rights of any person or entity, (c) post or transmit a virus or any other harmful component, or (d) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. We have the irrevocable license and right to use your Submissions for business purposes. You agree to defend, indemnify and hold us harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) we incur because of any of your submissions.

     7.    Infringement Notices

            As provided in the Digital Millennium Copyright Act (DMCA), we have designated the following individual for notification of potential copyright infringement regarding the Site:

            HipCity; 106 Briar Crest St., Madison, WI 53704; support@hipcitysak.com.

            If you believe any content available through the site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

            a.        A physical or electronic signature of the copyright owner or authorized agent;

            b.        Identification of the copyrighted work(s) claimed to have been infringed;

            c.        Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

            d.        Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);

            e.        A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

            f.         A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

     8.    Disclaimer of Warranties

            We do not warrant that access to or use of the site will be uninterrupted or error free or that defects in the site will be corrected. This site, including any content or information contained within it or any site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. We specifically disclaim all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the site. We do not warrant the accuracy, completeness or timeliness of the information obtained through the site.

            You assume total responsibility and risk for your use of this site and hyperlinked websites. We do not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. You agree that you will not hold us liable for any cost or damage arising directly or indirectly from any such code. You assume total responsibility and risk for your use of the site and of the internet.

     9.    Limitation of liability regarding use of site

            We are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, content or information contained within the site, and/or any hyperlinked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site, site-related services, and/or hyperlinked websites is to stop using the site and/or those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

     10.  Links to Other Sites

            We do not make any warranties about sites you may access through this site. When you access a third-party site, please understand that we have no control over the content of and do not endorse that site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of things like viruses, worms, and trojan horses.

            In short, if you decide to access any of the third-party sites linked to this site, you do this entirely at your own risk.

      11. Privacy Policy

            Information that you provide or that we collect about you and your organization is subject to our Privacy Policy, the terms of which are hereby incorporated into these terms of use by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy.

      12. International Use

            Although the site may be accessible worldwide, we make no representation that materials on the site are appropriate or available for use outside the United States. Further, we do not target users outside of the United States. We also prohibit accessing the site from territories where its use is illegal.

      13. Revisions; General

            We reserve the right to terminate your access to all or part of this site, with or without cause, and with or without notice. In the event that any of the terms of use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms of use shall otherwise remain in full force and effect. 

            We reserve the right to occasionally revise these terms of use by updating this posting. You should periodically visit this page to review the current terms of use so you are aware of any such revisions to which you are bound. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages within this site.

            In the event of any dispute or claim relating to the site or these terms of use, you agree to resolution of such dispute in the state or federal courts located in Dane County, Wisconsin in accordance with Wisconsin and Federal law. Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

Effective Date. These terms of use are effective December, 2014.