1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
The services offered at www.HangTeam.com ("HangTeam.com"), are provided to you under
the terms and conditions of this HangTeam.com Terms of Service ("BTS"), and any operating
rules or policies that may be published by HangTeam.com at the URL: www.HangTeam.com (the
"Service"). The BTS comprises the entire agreement between you and HangTeam.com and
supersedes all prior agreements between the parties regarding the subject matter
contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING HangTeam.com, USER
AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to
use HangTeam.com as long as you adhere to these Terms of Service.
2. SERVICES VOID WHERE PROHIBITED:
Use of the Services is void where prohibited. By using this Site, you represent
and warrant that you have the right, authority, and capacity to enter into this
Agreement and to abide by all the Terms and Conditions of this Agreement.
3. REGISTRATION:
REGISTRATION. You are required to register and use the HangTeam.com.
In order to register with HangTeam.com you must supply a valid email address, which
will be used as a unique identifier for your account, and a password. You are required
to register if you want to post a public event (see Public Event below). In order
to register you will be required to supply a valid email address, a password, a
user name, your zip code and answer a few questions. You may also answer certain
optional questions, which will help other users know a little more about your interests.
Third party access to your profile information is determined by the privacy level
you select under your privacy options. If you elect to display your profile to other
HangTeam.com users, a link to your profile will be displayed on your invitations and
reviews, and your profile information will be made publicly accessible. You may
elect for your profile information to be accessible to others only with your permission,
or you may elect to hide your profile, in which case your profile information will
not be displayed to third parties under any circumstance.
4. DESCRIPTION OF SERVICE:
HangTeam.com provides Users with a variety of online services, including but not limited
to:
a. PRIVATE EVENTS. A private event is a private social gathering or get-together
hosted and attended by a group of people in the same social network (friends, family
and/ or associates). If you want to send an HangTeam.com invitation to a private event,
you must be registered with HangTeam.com (see Registration above).
b. PUBLIC EVENTS. A Public Event is a social gathering or get-together that is open
to all members of the HangTeam.com community. All Public Events are searchable on the
HangTeam.com web site. Some examples of Public Events may include: art exhibits, music
festivals, happy-hours, poetry readings, grand openings of restaurants and clubs,
etc. You must create a My Info Page in order to post a Public Event. If you wish
to respond to an HangTeam.com invitation to a Public Event, you must first register
with HangTeam.com. However, you may choose to respond to an invitation to a Public
Event anonymously. If you choose to respond anonymously, your contact information,
user name and comments will be seen only by the Host.
5. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY
PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT
MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT
AT ANY TIME FOR ANY REASON. BY USING HangTeam.com YOU AGREE AND UNDERSTAND THAT IN
CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED
TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT
BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE
NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH
(INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS
AND ACTIVITIES. HangTeam.com HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING
OF THESE RISKS. BY USING HangTeam.com, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES
CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER
AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE
FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT, PARTICIPATION
IN THE CARPOOL FEATURE OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN,
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVEAND DISCHARGE ALL CLAIMS,
RELEASE HangTeam.com FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS HangTeam.com,
ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS
AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING
FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU
AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING
UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES
ANY MINORS ACCOMPANYING USER AT THE EVENTS.
6. CONTENT: You are solely responsible for any data, text, software, music
sound, images, photographs, graphics, video, messages, files or other materials
("Content") which is transmitted, posted, or distributed by you through the Service,
including but not limited to the contents of your e-mail communications, information,
reviews, photos or images posted by youu and information, photos, images, sound
files or other Content posted by you in a Public or Private Event. All Content posted
by you, is your sole responsibility. By posting Content you warrant and represent
that you own all right, title and interest to that Content and any likenesses contained
in that Content. HangTeam.com does not control the Content posted by users such as
yourself via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. By using the HangTeam.com Service you understand and agree
that you may be exposed to Content posted by other users that may be offensive,
indecent or objectionable. Under no circumstances will HangTeam.com be liable in any
way for any Content posted by any user or third party, including, but not limited
to, liability for any errors or omissions in any Content or for any loss or damage
of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise
transmitted via the Service. Subject to the terms of HangTeam.com's
Privacy Policy, you agree if you post any Content on the
HangTeam.com Service, you grant to HangTeam.com, and its successors and assigns, a non-exclusive,
worldwide, royalty-free, perpetual, non-revocable license, in and to the Content,
to distribute, display, modify, redistribute, sublicense and reproduce such Content
to other users of the Service and to third parties with whom HangTeam.com has a relationship.
You also grant HangTeam.com the right to authorize the downloading and printing in
whole or in part of any Content that you post to the HangTeam.com Service.
Notwithstanding the foregoing, to the extent that any Content contains creative
suggestions, recommendations, ideas, notes, drawings, or other information (collectively,
the "Submissions"), the Submissions shall be deemed, and shall remain, our property.
None of the Submissions shall be subject to any obligation of confidence on our
part, and we shall not be liable for any use or disclosure of any Submissions. Without
limitation of the foregoing, we shall exclusively own, and you assign to us, all
right, title and interest in and to the Submissions of every kind and nature throughout
the universe and we shall be entitled to unrestricted use of the Submissions for
any purpose whatsoever, commercial or otherwise, without compensation to the provider
of the Submissions.
7. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or
reproduce in any way any copyrighted material, trademarks, or other proprietary
information owned or controlled by someone else 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 HangTeam.com Service
without your permission or in any way that constitutes copyright infringement, please
provide HangTeam.com with the following information: a description of the copyrighted
work that you claim has been infringed; a description of where the material you
claim is infringing is located on the HangTeam.com Service; your address, telephone
number, and email address; and a written statement by you stating that you have
a good faith belief that the disputed use is not authorized by you, your agent,
or the law; and a statement by you, made under penalty of perjury, that you own
the claimed infringing material together with any evidence of such ownership. Please
contact HangTeam.com at the following address: Attention: Privacy Officer HangTeam.com
1117 Sainte-Catherine Street West , Suite 709, Montreal, Quebec, Canada H3B 1H9
info@hangteam.com.
8. NO "SPAMMING": You must not use any feature of
the HangTeam.com Service for chain letters, junk mail, or "Spamming" nor make any use
of the distribution lists in a manner involving any person who has not given specific
permission to be included in such a process. An e-mail advertisement which is (a)
addressed to a recipient with whom you do not have an existing business or personal
relationship and (b) is not sent at the request of or with the express consent of
the recipient to receive such communications from you ("Spam" or "Spamming") is
strictly prohibited by HangTeam.com. If you use any feature of the HangTeam.com Service
for the purpose of sending Spam, HangTeam.com reserves the right to immediately terminate
your access to the HangTeam.com Service and to seek appropriate legal recourse as necessary.
If you believe that other users are using the HangTeam.com Service for Spam, please
notify HangTeam.com using the Customer Support Form, by flagging any posting that appears
to be Spam for HangTeam.com's review, or by emailing HangTeam.com at info@hangteam.com
PLEASE NOTE that by posting a Public Event you are consenting to receive, and authorizing
HangTeam.com to forward to you, emails from other users. Such messages are not included
in the above definition of Spam.
9. NOTICES: HangTeam.com may give notice to you by e-mail, a posting on the
HangTeam.com web site, or other reasonable means. You must give notice to HangTeam.com
in writing via e-mail or as otherwise expressly provided by HangTeam.com. HangTeam.com
may broadcast, distribute or display notices or messages through the HangTeam.com Service
to inform you of changes to the BTS, the Service, the
Privacy Policy or other matters
of importance. Such broadcast, distributions or displays of information shall constitute
notice to you.
10.
PRIVACY POLICY>: It is
HangTeam.com's policy to respect the privacy of its users. HangTeam.com's policies with
regard to personally identifiable information it collects from you, what information
third parties affiliated with HangTeam.com collect from you and how that information
is used is governed by the HangTeam.com
Privacy Policy, which you can
access here:
Privacy Policy
11. SECURITY: You are solely responsible for maintaining the confidentiality
of your password and account. You are also solely responsible for any and all activities
that occur under your account. You may change your password, or any other account
information, at any time by following instructions available on the HangTeam.com site.
You may also set up a new account at your convenience. You agree to notify HangTeam.com
immediately of any unauthorized use of your account or any other breach of security
known to you. You must promptly inform HangTeam.com of actual or apparent breaches
of security, such as loss, theft, or authorized disclosure or use of a User Account
or password. Until HangTeam.com is notified by email of a breach in security, you will
remain liable for any unauthorized use of the HangTeam.com Service through your account.
In consideration for using the HangTeam.com Service, you agree to: (1) provide certain
current, complete, and accurate information about you when prompted to do so by
the Service, and (2) maintain and update this information as required to keep it
current, complete and accurate. If any information provided by you during your registration
or in using the system is inaccurate, HangTeam.com reserves the right to terminate
your account immediately and your right to use the HangTeam.com Service.
12. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use
the HangTeam.com Service is personal to you. You agree not to resell or make any commercial
use of the HangTeam.com Service without the express consent of HangTeam.com. You may not
create bots or other computer generated automatic tools to create events, nor abuse
the HangTeam.com Service in any manner. Use that constitutes abuse shall be determined
by HangTeam.com in its sole discretion. HangTeam.com reserves the right to terminate your
account if HangTeam.com determines you have not complied with this BTS.
13. USER CONDUCT: HangTeam.com reserves the right, but does not assume the responsibility,
to monitor or review your conduct on the HangTeam.com Service. Your use of the HangTeam.com
Service is subject to all applicable local, state, national and international laws
and regulations.
In using the HangTeam.com Service you agree not to:
*Use the HangTeam.com Service for illegal purposes;
*Interfere or disrupt networks connected to the HangTeam.com Service or violate the
regulations, policies or procedures of such networks;
*Use the HangTeam.com Service in connection with chain letters, junk mail, surveys,
contests, pyramid schemes, or use any distribution lists including any person who
has not given specific permission to be included in such a process (commercial or
otherwise);
*Harvest or otherwise collect information about other users, including e-mail addresses,
without their consent;
*Transmit through the HangTeam.com Service any unlawful, harassing, defamatory, abusive,
threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable
material of any kind or nature;
*Invade another's privacy or violate rights of publicity or intellectual property
rights (including but not limited to copyright, trademark and patent rights) while
using the HangTeam.com Service;
*Transmit through the HangTeam.com Service any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national or international law or regulation;
*Interfere with another User's use and enjoyment of the HangTeam.com Service;
*Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights
of privacy and publicity) of any other user;
*Create a false identity for the purpose of misleading others as to your identity
or the origin of a message;
*Use, download or otherwise copy, or provide (whether or not for a fee) to a person
or entity that is not a user of the HangTeam.com Service any directory of HangTeam.com's
users or usage information or any portion thereof other than in the context of your
use of the Service as permitted under this BTS;
*Transmit or upload any material that contains viruses, trojan horses, worms, time
bombs, cancelbots, or any other harmful or deleterious programs;
*Attempt to gain unauthorized access to the Service, other accounts, computer systems
or networks connected to the Service, through password mining or any other means;
or
*Engage in any other conduct which, in HangTeam.com's sole discretion, is considered
inappropriate, unauthorized or objectionable.
14. INDEMNIFICATION: You agree to indemnify and hold HangTeam.com, its parent
company, subsidiaries, affiliate, officers, employees, agents, directors, successors
and assigns harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the HangTeam.com Service,
the violation of this BTS by you, the infringement by you (or other user of the
Service using your account) of any intellectual property or other right of any person
or entity or violation of any federal, state or local law or regulation.
15. TERMINATION: You may terminate your participation in the HangTeam.com Service
with or without cause at any time and effective immediately. HangTeam.com may terminate
the HangTeam.com Service or your use of the Service with or without cause at any time
and effective immediately, at HangTeam.com's sole discretion, including but not limited
to immediate termination of your use of the HangTeam.com Service should your conduct
fail to conform to the terms and conditions of this BTS. HangTeam.com shall not be
liable to you or any third party for termination of the HangTeam.com Service or termination
of your use of the HangTeam.com Service. Should you object to any terms and conditions
of the BTS or any subsequent modifications HangTeam.com makes to the BTS or become
dissatisfied with the HangTeam.com Service in any way, your only recourse is to immediately:
(1) discontinue use of the HangTeam.com Service; and (2) notify HangTeam.com of your termination
and, at your discretion, notify HangTeam.com of the reasons for your termination. Upon
termination of your use of the HangTeam.com Service, your right to use the HangTeam.com
Service shall cease immediately. You shall have no right and HangTeam.com will have
no obligation thereafter to forward any unread or unsent messages to your or any
third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20 and
21 shall survive termination of the BTS.
16. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: HangTeam.com shall not be
liable for your interactions with any organizations and/or individuals found on
or through the HangTeam.com Service. This includes, but is not limited to, payment
and delivery of goods and services, and any other terms, conditions, warranties
or representations associated with such dealings. These dealings are solely between
you and such organizations and/or individuals. HangTeam.com is under no obligation
to become involved in disputes between participants on the HangTeam.com Service, or
between participants on the HangTeam.com Service and any third party.
17. LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links
included within the HangTeam.com Service that take you out of the HangTeam.com Service
are not under HangTeam.com's control and HangTeam.com shall not be responsible for the
content, products or services of any linked website. All such websites shall be
subject to the policies and procedures of the owner of such websites. We encourage
you to read those policies and know your rights under any web site you visit.
18. VIOLATION OF TERMS BY OTHER USERS: HangTeam.com asks that you participate
in ensuring that all Users follow the terms of this BTS by reporting any Private
HangTeam.com invitations, Public Events or other postings or messages that violate
these terms. To report a violation of this BTS, please email us at info@HangTeam.com.
19. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE HangTeam.com
SERVICE IS AT YOUR SOLE RISK. THE HangTeam.com SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. HangTeam.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HangTeam.com
MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. HangTeam.com MAKE NO WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT HangTeam.com DOES NOT
CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD
PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION,
PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO HangTeam.com FROM THIRD PARTIES OR CONTENT
PROVIDED BY OTHER USERS. HangTeam.com ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY
OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS
OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES
(INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE HangTeam.com SERVICE.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE HangTeam.com
SERVICE. HangTeam.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HangTeam.com
OR THROUGH THE HangTeam.com SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
20. LIMITATION OF LIABILITY: HangTeam.com SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF HangTeam.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY
TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III)
ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS
ENTERED INTO WITH HangTeam.com OR A THIRD PARTY THROUGH THE USE OF THE HangTeam.com SERVICE;
(IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE
ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF
YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT HangTeam.com IS NOT RESPONSIBLE OR
LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING,
HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR
SPEECH OF ANY OTHER PARTY ON OR THROUGH THE HangTeam.com SERVICE, OR FOR ANY INFRINGEMENT
OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL
PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
21. GENERAL PROVISIONS: This BTS shall be governed by and construed in accordance
with the laws of the State of California, excluding its conflict of law provisions.
You agree to submit to the exclusive jurisdiction of the courts of the State of
California, provided, however, that HangTeam.com, in its sole discretion, may elect
to settle any litigation in any way arising out of or relating to this BTS through
binding arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such arbitration shall be conducted in San Francisco,
California, and judgment on the arbitration award may be entered into in any court
having jurisdiction thereof. If any provision(s) of the BTS is held by a court of
competent jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect. HangTeam.com's failure to exercise or enforce any
right or provision of this BTS shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by HangTeam.com in writing. User and HangTeam.com agree
that any lawsuit arising out of or related to this Service must commence within
one (1) year after the cause of action arises; otherwise, such cause of action is
permanently barred. The section titles in this BTS are solely used for the convenience
of the parties and have no legal or contractual significance.
22. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: HangTeam.com reserves
the right to modify or discontinue the HangTeam.com Service with or without notice
to you. HangTeam.com shall not be liable to you if HangTeam.com modifies or discontinues
its Service. HangTeam.com may change the terms and conditions of the BTS at any time
in its sole discretion. In the event of any material or substantial change in the
terms and conditions of this BTS, HangTeam.com may notify you via e-mail, and/or by
posting an announcement of the changes together with a link to the new BTS on the
HangTeam.com Service. By using the HangTeam.com Service after any change in the BTS you
acknowledge and accept changes to the BTS.
LAST REVISED ON: February 1, 2007