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.
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.
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.
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; firstname.lastname@example.org.
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.
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