Registration: All Users agree to fill out a registration form. In filling it out, Users agree to provide accurate and current information about themselves. Please see the HitPredictor privacy policy for more detail.
Public Content: All areas of the Site are public and not private communications. HitPredictor does not endorse chat, postings, conferences and other communications by Users, and such communications shall not be considered reviewed, screened or approved by HitPredictor. Anytime -- with the exception of private email -- Users upload to, distribute content or publish through HitPredictor, they grant HitPredictor the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy, and whether alone or as part of a collective work. Users shall retain, however, whatever other rights they have in pre-owned elements of such content. Users acknowledge that any information they post in publicly accessible areas such as message boards and HitPredictor chat can be seen and used by anybody. It is Users' responsibility to protect themselves while on HitPredictor, as HitPredictor is not liable for anything that occurs as a result of voluntary communication of personal information.
Conduct: All information, data, text, music, sound, photographs, video, messages or other content -- whether publicly posted or privately transmitted -- are the sole responsibility of the users from which the content originated. This means that users are responsible for all content that they upload, post, email or otherwise transmit through the site. HitPredictor does not control the content posted or sent through the site, therefore we do not guarantee its quality, reliability or accuracy. In participating on the site, users understand that they may be exposed to content or users that they find offensive. HitPredictor is not in any way liable for content. HitPredictor staff can, whenever they see fit, edit or delete any content displayed on, uploaded to, distributed or otherwise published through the site. Users are entirely responsible and liable for all of their activities on the site. Listed below are some, but not all, violations that may result in termination of a user's access to the site. By using this site, users agree not to do any of the following:
1. Upload, post, email or otherwise transmit any content that is illegal. 2. Invade another user's privacy. This includes revealing another user's password, phone number, address or any other personally identifiable information. HitPredictor discourages users from revealing their personal information to anyone they don't know. 3. Create member names, or post or send messages that denigrate, threaten, abuse or harm others on the basis of race, culture, religion or sexual orientation. 4. Harass, stalk or send unwanted messages. 5. Transmit or solicit extremely sexually explicit messages, text or photographs. 6. Impersonate another user or a member of the HitPredictor staff. 7. Post or send messages that tell other members how to potentially harm themselves or others. 8. Post off topic messages. 9. Transmit unsolicited messages that advertise or link to businesses, sites, programs or other unauthorized commercial ventures. This includes junk mail, spam, bulk mailings, unauthorized promotional materials and pyramid schemes. 10. Forge headers or otherwise change identifiers in order to disguise the origin of any content transmitted through HitPredictor's service. 11. Upload, post, email or otherwise transmit any content that they do not have a right to transmit under any law or contractual relationship. This includes proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements, and any other inside information. 12. Transmit anything that violates any patent, trademark, copyright or other proprietary rights of another party. 13. Upload, post, email, fax or otherwise transmit material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment. 14. Intentionally alter or change HitPredictor referral links in any way. 15. Attempt to use multiple accounts or unauthorized forms of cheating the system to receive more points. 16. Interfere with the site's servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to HitPredictor. 17. Intentionally or unintentionally violate any applicable local, state, national or international law. 18. Supply unintelligible and/or unusable information, feedback, votes, or comments to HitPredictor for the purpose of obtaining points and prizes. This includes repeated similar ratings and/or comments, running scripts, or any other pattern behavior that would indicate at our sole discretion that a member is not providing useful feedback. Failure to adhere to this rule will result in the removal of accumulated points and prize orders from your account that our determined to have been obtained in violation of these terms. 19. Record or distribute, by any means, any audio from this site.
Links: The Site may contain hyperlinks to Web sites operated by parties other than HitPredictor. Such hyperlinks are provided for reference and convenience only. HitPredictor does not control such Web sites, and is not responsible for their content. Just because HitPredictor has hyperlinks to such Web sites does not mean HitPredictor endorses any of the material on such Web sites, or has any association with their operators. Users further acknowledge that use of any Web site controlled, owned or operated by third parties is governed by the terms and conditions of use for those Web sites, and not by HitPredictor's Terms of Use or Privacy Policy. Links to external Web sites (including external Web sites that are framed by HitPredictor) or inclusions of advertisements do not constitute an endorsement by HitPredictor of such sites or the content, products, advertising or other materials presented on such sites, but are for User's convenience. Users access them at their own risk.
Intellectual Property Rights: All text, graphics, editorial content, data, formatting, graphs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, "Proprietary Material") that Users see or read on the Site is owned by HitPredictor or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. HitPredictor owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Users may not copy, download, use or re-transmit anything from the HitPredictor Site without HitPredictor's prior express written permission. Furthermore, Users are not allowed to post or distribute any material they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and subject Users to civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents or other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of HitPredictor and/or the relevant right holder.
Notice of Trademark Rights: The service marks and trademarks HitPredictor and the HitPredictor logo are service marks owned by HitPredictor. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of HitPredictor and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner except as expressly allowed by these Terms of Use.
Copyright Complaints and Copyright Agent: HitPredictor respects the intellectual property of others, and asks Users to do the same. HitPredictor is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, we ask Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide HitPredictor 's Copyright Agent with the following information:
1. An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material that you claim is infringing is located. Include enough information to allow HitPredictor to locate the material and explain why you believe an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number and email address; 5. 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 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf. HitPredictor's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:
HitPredictor
513 Broadway
Saratoga Springs, NY 12866
HitPredictor will terminate access to the Site of those who engage in repeated acts of infringement.
Indemnification: By agreeing to these Terms of Use, Users agree to indemnify, defend and hold harmless HitPredictor, its directors, officers, employees, agents, licensees, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively referred to herein as "HitPredictor and Affiliates") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by HitPredictor and Affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of any such claims. HitPredictor and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any such claim or matter without the written consent of HitPredictor. Users further agree to hold harmless HitPredictor and Affiliates from any claim arising from a third party's use of information or materials of any kind that they post in a Public Area.
Disclaimer of Warranties: USER EXPRESSLY AGREES THAT THE USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER HITPREDICTOR NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION. HITPREDICTOR AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. COMPANY AND AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE SPECIFIED BY USERS. HITPREDICTOR CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD HITPREDICTOR ANY AND AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. COMPANY AND AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.
Limitation of Liabilities: IN NO EVENT WILL HITPREDICTOR, ITS AFFILIATES, VENDORS, SUPPLIERS OR BUSINESS PARTNERS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. USERS' SOLE REMEDY FOR DISSATISFACTION WITH HITPREDICTOR IS TO STOP USING THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT HITPREDICTOR'S AND AFFILIATES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE HIGHER OF $1,000 OR THE LOWEST PERMITTED UNDER APPLICABLE LAW.
General Provisions: Failure by HitPredictor to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or Use or use of the Site, other than action for specific performance or injunctive relief brought by HitPredictor, shall be exclusively brought in the federal, state or local courts located in New York, NY; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by those courts, and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and HitPredictor with respect to the Site, and supersede all prior agreements or understandings, whether written or oral, between Users and HitPredictor with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of HitPredictor, its successors and assigns.
