This page states terms and conditions
under which Hatlife.com ("HAT LIFE ONLINE")
authorizes you to use this Web site (this "Agreement").
Please read this page carefully. If you do not accept
this Agreement, do not use this Web site. HAT LIFE
ONLINE may update this Agreement at any time by this
simple posting. You agree to review this Agreement
periodically so that you are aware of any such modifications,
at which time you may either agree to such changes
or discontinue the further use of this Web site. Your
use of this Site after HAT LIFE ONLINE posts such
changes will constitute your agreement to the amended
Agreement. Trademarks
The logo, trademarks, and look-and-feel, of HAT LIFE
ONLINE and its affiliates are owned exclusively by
HAT LIFE ONLINE. All other trademarks, product names
and company names or logos cited herein are the property
of their respective owners.
Copyrights
The Content (defined below) is protected by copyright
laws under both United States and foreign laws. Unauthorized
use of the Content may violate copyright, trademark,
and other laws. All HAT LIFE ONLINE Content on this
Web site is subject to and protected by: Copyright ©
2003 Hatlife.com ALL RIGHTS RESERVED.
Limits
on Use
This Web site is owned and operated by HAT LIFE ONLINE,
and is for your personal, noncommercial use. You may
not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works
from, transfer, or sell in any way any information,
documents, graphics, software, products or services
obtained from this Web site ("Content"), except
that you may view the Content in its present form and
you may download on any single computer one (1) copy
of the Content for personal, noncommercial home use,
provided that you keep intact all copyright and other
proprietary notices. 4. Disclaimer of Warranties.
THE CONTENT PUBLISHED ON THIS WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. HAT
LIFE ONLINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT HAT LIFE ONLINE)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
HAT LIFE ONLINE DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN ITS WEB SITE CONTENT WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
HAT LIFE ONLINE MAKES NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON THIS
WEB SITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, HAT LIFE ONLINE HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Disclaimer
of Consequential Damages
IN NO EVENT SHALL HAT LIFE ONLINE, ITS CONTENT SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE, BE
LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE
DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR THE
CONTENT OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED
ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF HAT LIFE ONLINE HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES.
Third Party
Content on Site
You acknowledge and agree that this Web site may contain
Content provided by other users, Content suppliers and
other third parties. HAT LIFE ONLINE makes no representations
with respect to, nor does it guarantee, warrant or endorse
the quality, non-infringement, accuracy, completeness,
timeliness, reliability or correct sequencing of such
third party Content or any other Content that such third
party Content may access. HAT LIFE ONLINE expressly
disclaims responsibility and liability for all third
party provided Content contained or accessible through
this Web site.
User Submissions
Generally, any communication, which you post to this
Web site, is considered to be non-confidential. If particular
pages on this Web site permit the submission of communications
that will be treated by HAT LIFE ONLINE as confidential,
such a fact will be stated in "Legal Notices"
on those pages. By posting communications to this Web
site, you automatically grant HAT LIFE ONLINE a royalty-free,
perpetual, irrevocable nonexclusive license to use,
reproduce, modify, publish, edit, translate, distribute,
perform, and display the communication alone or as part
of other works in any form, media, or technology, whether
now known or hereafter developed, and to sublicense
such rights through multiple tiers of sublicenses.
As a user of this Web site ("User"),
you are responsible for your own communications and
are responsible for the consequences of their posting.
You must not do the following things: Post content that
is copyrighted, unless you are the copyright owner or
have the permission of the copyright owner to post it;
post content that reveals trade secrets, unless you
own them or have the permission of the owner; post content
that infringes on any other intellectual property rights
of others or on the privacy or publicity rights of others;
post content that is obscene, defamatory threatening,
harassing, abusive, hateful, or embarrassing to another
User or any other person or entity; post sexually-explicit
image; post advertisements or solicitations of business;
post chain letters or pyramid schemes; or impersonate
another person.
HAT LIFE ONLINE and its Content suppliers
do not represent or guarantee the truthfulness, accuracy,
or reliability of any of communications posted by other
Users or endorse any opinions expressed by Users. You
acknowledge that any reliance on Content posted by other
Users will be at your own risk.
HAT LIFE ONLINE does not screen communications
in advance and is not responsible for screening or monitoring
Content posted by Users. If notified by a User of communications,
which allegedly do not conform to this Agreement, HAT
LIFE ONLINE may investigate the allegation and determine
in good faith and its sole discretion whether to remove
or request the removal of the communication. HAT LIFE
ONLINE has no liability or responsibility to Users for
performance or nonperformance of such activities. HAT
LIFE ONLINE reserves the right to expel Users and prevent
their further access to this Web site for violating
this Agreement or the law and the right to remove communications
which are abusive, illegal, or disruptive.
Links to Other
Sites
This Web site may contain links to third party Web sites.
These links are provided solely as a convenience to
you and not as an endorsement by HAT LIFE ONLINE of
the Content on such third party Web sites. HAT LIFE
ONLINE is not responsible for the Content of linked
third party Web sites and does not make any representations
regarding the Content or accuracy of any Content on
such third party Web sites. If you decide to access
linked third party Web sites, you do so at your own
risk.
Software Licenses
From time to time, software may be made available for
downloading from this Web site ("Software").
Such Software is protected by copyright and may be protected
by other rights. The use of such Software is governed
by the terms of the software license agreement or designated
"Legal Notice" accompanying such Software
("License Agreement"). The downloading and
use of such Software is conditioned on your agreement
to be bound by the terms of the License Agreement.
Limitation
of Liability
Unless otherwise expressly provided in a Software License
or Legal Notice, the aggregate liability for HAT LIFE
ONLINE and its Content suppliers to you for all claims
arising from the use of the Content (including Software)
is limited to $100.
Indemnity
You agree to defend, indemnify, and hold harmless HAT
LIFE ONLINE, its officers, directors, employees, agents
and Content suppliers, from and against any claims,
actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from
your use of this Web site and the Content (including
without limitation, Software) or your breach of this
Agreement. HAT LIFE ONLINE shall provide notice to you
promptly of any such claim, suit, or proceeding and
shall assist you, at your expense, in defending any
such claim, suit or proceeding.
Export Control
The United States controls the export of products and
information. You agree to comply with such restrictions
and not to export or re-export the Content (including
Software to countries or persons prohibited under the
export control laws. By downloading the Content (including
Software), you are agreeing that you are not in a country
where such export is prohibited or are a person or entity
to which such export is prohibited. You are responsible
for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of the Content.
User Information
HAT LIFE ONLINE and its Content suppliers may collect,
use and disclose the IP addresses and zip codes of all
of our Web site's Users on an Aggregate Basis. For the
purposes of this Agreement, "Aggregate Basis"
means that we combine anonymous parts of your information
with anonymous parts of the information from our other
Users without including any of your personally identifiable
information, such as but not limited to your name and
e-mail address, in the combination. An example of "Aggregate
Basis" without limitation is our tracking the most
popular parts of the HAT LIFE ONLINE Web site among
the Users.
General
This Agreement is effective until terminated by either
party. You may terminate this Agreement at any time
by destroying all Content obtained from any and all
HAT LIFE ONLINE Web sites and all related documentation
and copies and installations thereof, whether made under
the terms and conditions of this Agreement, or otherwise.
This Agreement will terminate immediately without notice
from HAT LIFE ONLINE if, in HAT LIFE ONLINE sole discretion,
you fail to comply with any of the Terms and Conditions
is Agreement. Upon termination, you must destroy all
Content obtained from this Web site and any and all
other HAT LIFE ONLINE Web sites and all copies thereof,
whether made under the terms and conditions of this
Agreement, or otherwise.
This Web site is based in Los Alamitos,
California, U.S.A. HAT LIFE ONLINE makes no claims that
the Content is appropriate or may be downloaded outside
of the United States. Access to the Content (including
Software) may not be legal by certain persons or in
certain countries. If you access this Web site from
outside of the United States, you do so at your own
risk and are responsible for compliance with the laws
of your jurisdiction. This Agreement is governed by
the internal substantive laws of the State of California,
U.S.A, without respect to its conflict of laws principles.
This Agreement shall not be governed by the United Nations
Convention on Contracts for the International Sales
of Goods. If any provision of this Agreement is found
to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the
validity of the remainsmalling provisions of this Agreement,
which shall remainsmall in full force and effect. No
waiver of any term of this Agreement shall be deemed
a further or continuing waiver of such term or any other
term. Except as expressly provided in a particular "Legal
Notice" or Software License or Content on particular
Web pages, this Agreement constitutes the entire Agreement
between you and HAT LIFE ONLINE with respect to the
use of this Web site. HAT LIFE ONLINE reserves the right
to make changes to this Web site and to this Agreement
at any time without notice. Venues.
You agree that any disputes involving
this Web site shall be adjudicated to any federal or
state court located in Los Alamitos, California. You also
agree to submit to jurisdiction and venue in any state
or federal court in Los Alamitos, California.
Service Terms |
Site Terms
ACKNOWLEDGMENT
AND ACCEPTANCE OF TERMS OF SERVICE
The HAT LIFE ONLINE Product/Service owned and operated
by HAT LIFE ONLINE is provided to you ("End User",
"You", or "Your") under the terms
and conditions of this End User Terms of Service, and
any revisions, operating rules or policies that may
be published by HAT LIFE ONLINE on the HAT LIFE ONLINE
Web site (collectively, "TOS" or "Terms
of Service"). The TOS, and any attachment expressly
referenced in this TOS, is the complete and exclusive
statement of the agreement between HAT LIFE ONLINE and
You and supercedes any prior agreement, oral or written,
relating to the subject matter of the TOS. BY USING
THE HAT LIFE ONLINE PRODUCT, YOU AGREE TO BE BOUND BY
ALL OF THE TERMS AND CONDITIONS HEREIN. IF YOU DISAGREE
WITH ANY PART OF THESE TERMS OF SERVICE, DO NOT USE
OR REGISTER FOR THE USE OF HAT LIFE ONLINE PRODUCT/SERVICE.
PRODUCT/SERVICE DESCRIPTION
The HAT LIFE ONLINE Product/Service
provides End User with the capability to send electronic
messages via the Internet, with the capability of embedding
rich media content, including but not limited to images,
video, music and sounds and other audiovisual or interactive
elements ("Messages"). Unless explicitly stated
otherwise, any new features that augment or enhance
the current HAT LIFE ONLINE Product, including among
other things the release of new HAT LIFE ONLINE products
or services, shall be subject to the TOS.
End User must at no cost to HAT LIFE
ONLINE: (a) provide for End User's own access to the
Internet and pay any service fees associated with such
access, and (b) provide all equipment necessary for
End User to make such connection to the Internet, including
without limitation a computer and modem or a broadband
Internet connection.
REGISTRATION
OBLIGATIONS
In consideration of Your use of the HAT LIFE ONLINE
Product/Service, You agree to: (a) provide true, accurate,
current and complete information about yourself as requested
from time to time by HAT LIFE ONLINE (such information
being the "Registration Data") and (b) mainsmalltain
and promptly update the Registration Data to keep it
true, accurate, current and complete. If You provide
any information that is untrue, inaccurate, not current
or incomplete, or HAT LIFE ONLINE has reasonable grounds
to suspect that such information is untrue, inaccurate,
not current or incomplete, HAT LIFE ONLINE has the right
to suspend or terminate Your account and refuse any
and all current or future use of the HAT LIFE ONLINE
Product (or any portion thereof) by You.
INTELLECTUAL
PROPERTY
End User acknowledges that all content and materials
provided to End User through the HAT LIFE ONLINE Product/Service,
including but not limited to text, software, music,
sound, photographs, graphics, video, and animation (collectively,
"Content"), provided by HAT LIFE ONLINE and
its licensors as identified below are protected by copyright
law, patent law, moral rights law, trade secret law,
confidential information law, trademark law, unfair
competition law or other similar rights (collectively,
"Intellectual Property Rights").
HAT LIFE ONLINE and the Licensors retain
full and complete title to all Intellectual Property
Rights, including without limitation any application
or right to apply for registration of any such rights,
in the Content. HAT LIFE ONLINE and the Licensors grant
to End User a limited, nontransferable, nonexclusive
license to send, compose, read, print, save and forward
Messages containing the Content as described and limited
in these Terms of Service. End Users are not permitted
to utilize the Content for any other purpose or alter
it in any way, including without limitation removing
any proprietary rights notices. End User's use of the
HAT LIFE ONLINE Product in no way transfers title of
the Content to End User. End User will not otherwise
copy, transmit, distribute, sell, license, de-compile,
reverse engineer, disassemble, modify, publish, participate
in the transfer or sale of, create derivative works
from, perform, display, incorporate into another Web
site, or in any other way exploit any of the Content
or any derivative works thereof, in whole or in part
for commercial or non-commercial purposes.
End User acknowledges that some of
the Content is provided by the Licensors. End User agrees
to adhere and comply with Licensor's license to End
User, including without limitation those licenses attached
hereto, and to not violate Licensor's Intellectual Property
Rights, as described below.
USER PRIVACY
HAT LIFE ONLINE considers the Messages to be the private
correspondence between the sender and recipient. HAT
LIFE ONLINE will not monitor, edit or disclose the contents
of a End User's private communications without End User's
prior permission, except that End User agrees HAT LIFE
ONLINE may do so: (a) as required by law; (b) to comply
with legal process; (c) if necessary to enforce the
Terms of Service; (d) to respond to a good faith belief
or third party claims that such contents violate the
rights or interests of a third party or the Terms of
Service; (e) to protect the rights or property of HAT
LIFE ONLINE or others. End User understands and agrees
that technical processing of the Messages is and may
be required (w) to send and receive the Messages; (x)
to conform to the technical requirements of connecting
networks; (y) to conform to the limitations of the HAT
LIFE ONLINE Product; (z) to conform to other, similar
technical requirements, or as otherwise stated in the
HAT LIFE ONLINE Privacy Policy, as updated from time
to time, incorporated herein by reference.
"SPAMMING"
End User shall not use the HAT LIFE ONLINE Product in
any way, form or manner for chain letters, junk e-mail,
"Spamming" (defined below) or any use of distribution
lists to any person who has not given specific permission
to be included in such a process, including without
limitation the collection, storage or transmission of
information for such a distribution list. An e-mail
advertisement which is (a) addressed to a recipient
with whom the initiator does 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 HAT
LIFE ONLINE. If any End User uses the HAT LIFE ONLINE
Product for Spamming, HAT LIFE ONLINE reserves the right
to immediately terminate End User's access to the HAT
LIFE ONLINE Product and to seek appropriate legal recourse
as necessary. If You believe that others may be using
the HAT LIFE ONLINE Product for Spam, You agree to promptly
notify HAT LIFE ONLINE.
NOTICES
HAT LIFE ONLINE may give notice to You by e-mail, a
posting on the HAT LIFE ONLINE Web site, or other reasonable
means. You must give notice to HAT LIFE ONLINE in writing
via e-mail. HAT LIFE ONLINE may broadcast, distribute
or display notices or messages through the HAT LIFE
ONLINE Product to inform End User of changes to the
TOS, the HAT LIFE ONLINE Product, or other matters of
importance; such broadcasts, distributions or displays
shall constitute notice to End User.
NO RESALE OR
COMMERCIAL USE OF THE SERVICE
End User's right to use the HAT LIFE ONLINE Product
is personal to End User. End User shall not resell or
make any commercial use of the HAT LIFE ONLINE Product
or otherwise seek financial gain from providing the
HAT LIFE ONLINE Product or access to the HAT LIFE ONLINE
Product to any third party without the express, prior,
written consent of HAT LIFE ONLINE.
CONDUCT
As a condition of End User's use of the HAT LIFE ONLINE
Product, End User represents and warrants to HAT LIFE
ONLINE that End User will not use the HAT LIFE ONLINE
Product for any purpose that is unlawful or prohibited
by these Terms of Service. The HAT LIFE ONLINE Product
makes use of the Internet to send and receive certain
messages; therefore, End User's conduct is subject to
Internet regulations, policies and procedures. By way
of example, and not as a limitation, End User shall
not:
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Use the HAT LIFE ONLINE Product
or Content in connection with unsolicited surveys,
contests, pyramid schemes; |
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Defame (including without limitation
libel and slander), abuse, harass, stalk, embarrass,
threaten or otherwise violate the legal rights (such
as but not limited to rights of privacy and publicity)
of others; |
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Publish, distribute or disseminate
any inappropriate, profane, vulgar, defamatory,
infringing, obscene, adult-oriented, pornographic,
tortious, indecent, unlawful, immoral or otherwise
objectionable material or information, including
without limitation through using or modifying the
Content; |
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Harm minors in any way; |
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Harvest or otherwise collect information
about others, including without limitation e-mail
addresses and e-mail interception, without their
consent; |
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Use the HAT LIFE ONLINE Product
to record the conversations or communications of
other people without their consent; |
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Create a false identity for the
purpose of misleading others as to the identity
of the sender or the origin of a Message or forge
message headers or manipulate identifiers to disguise
origin of transmission; |
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Transmit or upload any material
that contains viruses, trojan horses, worms, time
bombs, cancelbots, or any other harmful or deleterious
programs; |
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Transmit or upload any material
that contains software or other material protected
by Intellectual Property Rights (as defined above
in the Content Section and including but not limited
to copyright, trademark and patent rights), rights
of privacy or publicity or any other applicable
law unless End User owns or controls the rights
thereto or has received all necessary consents;
|
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Transmit 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; |
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Interfere with or disrupt the
HAT LIFE ONLINE Product, networks or servers connected
to the HAT LIFE ONLINE Product or violate the regulations,
policies or procedures of such networks or servers;
|
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Attempt to gain unauthorized access
to the HAT LIFE ONLINE Product, other accounts,
computer systems or networks connected to the HAT
LIFE ONLINE Product, through password mining or
any other means; |
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Violate any applicable laws or
regulations including, without limitation, laws
regarding the transmission of technical data or
software exported from the United States through
the service and any other applicable local, state,
national and international laws and regulations;
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Interfere with another person's
use and enjoyment of the HAT LIFE ONLINE Product
or another individual's or entity's use and enjoyment
of similar services; |
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Use the HAT LIFE ONLINE Product
to promote illegal activities; |
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Use the HAT LIFE ONLINE Product
for illegal purposes; |
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Use the HAT LIFE ONLINE Product
for gambling or betting or to promote the use of
alcohol, firearms or tobacco products; |
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Use the HAT LIFE ONLINE Product
to e-mail links to World Wide Web sites that violate
the TOS; or |
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Engage in any other conduct, which,
in HAT LIFE ONLINE's sole discretion, is considered
unauthorized or objectionable. |
HAT LIFE ONLINE has no obligation to
monitor the HAT LIFE ONLINE Product, End User's use
of the HAT LIFE ONLINE Product or to retain the content
of any End User session. However, HAT LIFE ONLINE reserves
the right at all times to monitor, review, retain and/or
disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental
request or to enforce the Terms of Service, in HAT LIFE
ONLINE's sole discretion. End User agrees that HAT LIFE
ONLINE shall not have liability for any such monitoring,
lack of monitoring, review, lack of review, retention,
lack of retention or disclosure of information. End
User agrees to be solely responsible and liable for
the contents of End User's Messages sent through the
HAT LIFE ONLINE Product. USER ACCOUNT, PASSWORD, AND
SECURITY:
You will receive a password and an
account. You are responsible for mainsmalltaining the
confidentiality of Your password and account. Furthermore,
You are entirely responsible and liable for any and
all activities that occur under Your account, including
among other things the content of transmissions sent
through the HAT LIFE ONLINE Product from Your account.
You may change Your password at any time by following
instructions made available at the HAT LIFE ONLINE Web
site or other on-line user information. End User agrees
to immediately notify HAT LIFE ONLINE of any unauthorized
use of End User's account or any other breach of security
known to End User.
UNSOLICITED
SUBMISSIONS
HAT LIFE ONLINE welcomes comments regarding its products
and services. However, HAT LIFE ONLINE's policy is to
not accept or consider creative suggestions, ideas,
notes, drawings, concepts or other information (collectively,
"Information") other than those it has specifically
solicited. HAT LIFE ONLINE seeks to avoid misunderstandings
over the ownership of Intellectual Property Rights in
the Information. Accordingly, HAT LIFE ONLINE asks that
End User not send any Information to HAT LIFE ONLINE.
If End User sends HAT LIFE ONLINE any Information, the
Information shall be deemed, and shall remainsmall,
the property of HAT LIFE ONLINE and End User thereby
assigns and transfers all Intellectual Property Rights
in the Information to HAT LIFE ONLINE. End User further
agrees to reasonably effectuate or confirm the assignment
described above in all other instruments and documents
now or hereafter requested by HAT LIFE ONLINE. In addition,
End User shall perform any acts that may be deemed desirable
by HAT LIFE ONLINE to evidence more fully transfer of
ownership of the Information to to the fullest extent
possible. HAT LIFE ONLINE will not compensate End User
in any way for the assignment of Intellectual Property
Rights in the Information or any related acts by End
User, which are requested by HAT LIFE ONLINE. HAT LIFE
ONLINE will not be subject to any obligation of confidentiality
on behalf of End User regarding the Information and
HAT LIFE ONLINE shall not have liability or owe any
compensation for any use or disclosure of the Information.
USER-SUBMITTED
MATERIALS
End User is solely responsible for any data, text, software,
music sound, photographs, graphics, video, messages,
files or other materials which are transmitted, posted,
or distributed by End User through the HAT LIFE ONLINE
Product ("End User Materials"), including
but not limited to the contents of End User's e-mail
communications and photos posted by End User on the
HAT LIFE ONLINE Web site or through the HAT LIFE ONLINE
Product. End User shall have sole liability for all
End User Materials whether publicly posted or privately
transmitted. HAT LIFE ONLINE has no obligation to monitor
or control the End User Materials provided via the HAT
LIFE ONLINE Product and, as such, does not guarantee,
warrant or make any representations about the End User
Materials, including among other things, the accuracy,
integrity or quality of the End User Materials. End
User understands that by using the HAT LIFE ONLINE Product,
End User may be exposed to content posted by other users
that may be offensive, indecent or objectionable and
that HAT LIFE ONLINE shall have no liability arising
out of such content. Under no circumstances will HAT
LIFE ONLINE be liable in any way for any End User Materials,
including, but not limited to, 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 HAT LIFE ONLINE
Product.
INDEMNITY
End User shall defend, indemnify, and hold HAT LIFE
ONLINE, the Licensors and their officers, directors,
employees, contractors, agents and affiliates harmless
from any and all liability, claims, causes of action,
proceedings, damages, costs and expenses, including
without limitation reasonable attorneys' fees, arising
out of or relating to End User's use of the HAT LIFE
ONLINE Product, including without limitation the End
User Materials, End User's violation of the Terms of
Service and End User's violation of a third party's
rights.
STORAGE
HAT LIFE ONLINE shall not have responsibility or liability
for HAT LIFE ONLINE's or End User's deletion of a Message
or the failure to send Messages. The amount of e-mail
storage space per End User is limited. Additional storage
space may be available to End User upon payment of additional
fees. HAT LIFE ONLINE shall not have responsibility
or liability for messages not processed due to space
constraints or outbound message limitations.
ADVERTISERS
End User's correspondence with any kind of advertisers
or any other merchant (collectively, "Merchants")
found on the HAT LIFE ONLINE Web site and the HAT LIFE
ONLINE Product or participation in promotions or sales
of goods, tangible or intangible property or services
of said Merchants, including without limitation the
purchase, sale and delivery of any related goods, tangible
or intangible property or services and any other terms,
conditions, warranties or representations associated
with such advertisements, are solely between End User
and the applicable Merchant. End User agrees HAT LIFE
ONLINE shall not have liability for any loss or damage
of any sort arising out of or relating to any dealings
with the Merchants or advertisements or as the result
of the presence of such advertisements on the HAT LIFE
ONLINE Web site and the HAT LIFE ONLINE Product.
OTHER SITES
HAT LIFE ONLINE may provide through the HAT LIFE ONLINE
Web site or the HAT LIFE ONLINE Product, or End Users
may include in Messages, links to other Web sites or
resources ("Linked Sites"). End User acknowledges
and agrees that HAT LIFE ONLINE has no control over
and is not responsible for the availability of Linked
Sites. End User further acknowledges and agrees that
HAT LIFE ONLINE does not endorse and is not responsible
or liable for any content, advertising, products, or
other materials on or available from Linked Sites. End
User agrees that HAT LIFE ONLINE shall not have responsibility
or liability, directly or indirectly, for any damage
or loss caused, or alleged to be caused by, or in connection
with the use of or reliance on any such content, goods
or services available on Linked Sites by End User.
DISCLAIMER
OF WARRANTIES
TO THE MAXIMUM EXTENT ALLOWABLE UNDER STATE LAW, USER
AGREES THAT USE OF THE HAT LIFE ONLINE PRODUCT/SERVICE
IS AT END USER'S SOLE RISK. THE HAT LIFE ONLINE PRODUCT
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. HAT LIFE ONLINE 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, NON-INFRINGEMENT AND
ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE,
DEALING, OR TRADE USAGE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY USER FROM HAT LIFE ONLINE
OR THROUGH OR FROM THE HAT LIFE ONLINE PRODUCT SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
END USER UNDERSTANDS AND AGREES THAT
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OR FROM THE HAT LIFE ONLINE PRODUCT/SERVICE
IS DONE AT END USER'S OWN DISCRETION AND RISK AND THAT
END USER WILL BE SOLELY LIABLE FOR ANY DAMAGE TO END
USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. HAT
LIFE ONLINE MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SILVERPOP
PRODUCT OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
HAT LIFE ONLINE PRODUCT.
LIMITATION
OF LIABILITY
End User agrees that HAT LIFE ONLINE shall not have
any liability for any material or data sent or received
or not sent or received through the HAT LIFE ONLINE
Product, including among other things for the timeliness,
deletion, mis-delivery or failure to store any End User
communications or End User personalization settings.
End User acknowledges and agrees that HAT LIFE ONLINE
and the Licensors do not endorse the content of any
End User or other HAT LIFE ONLINE Product user communications
and shall not have any liability for any unlawful, harassing,
defamatory, privacy invasive, abusive, threatening,
offensive, harmful, vulgar, obscene, tortious, or otherwise
objectionable End User or other HAT LIFE ONLINE Product
user content or conduct, or End User or other HAT LIFE
ONLINE Product user content or conduct that infringes
or may infringe the Intellectual Property Rights or
other rights of another. End User specifically agrees
that HAT LIFE ONLINE shall not have any liability for
any content sent or received using the HAT LIFE ONLINE
Product and/or included in the HAT LIFE ONLINE Product
by any third party.
END USER AGREES THAT HAT LIFE ONLINE,
THE LICENSORS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES,
CONTRACTORS, AGENTS AND AFFILIATES SHALL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, ARISING OUT OF OR RESULTING FROM
(I) THE USE, INABILITY TO USE OR DELAY IN THE HAT LIFE
ONLINE PRODUCT/SERVICE; (II) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE HAT
LIFE ONLINE PRODUCT; (IV) MESSAGES OR CONTENT RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SILVERPOP
PRODUCT; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF
END USER'S TRANSMISSIONS OR DATA; OR (VI) INTERRUPTION,
SUSPENSION OR TERMINATION OF THE HAT LIFE ONLINE PRODUCT/SERVICE
REGARDLESS OF WHETHER SUCH INTERRUPTION, SUSPENSION
OR TERMINATION WAS JUSTIFIED, NEGLIGENT OR INTENTIONAL,
INADVERTENT OR ADVERTENT, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF HAT LIFE ONLINE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO END USER. HAT LIFE ONLINE MAKES NO
CLAIMS THAT THE HAT LIFE ONLINE PRODUCT/SERVICe OR THE
CONTENT ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE
OF THE UNITED STATES. ACCESS TO THE HAT LIFE ONLINE
PRODUCT/SERVICE OR THE CONTENT MAY NOT BE LEGAL BY CERTAIN
PERSONS OR IN CERTAIN COUNTRIES. END USER'S USE OF THE
HAT LIFE ONLINE PRODUCT/SERVICe FROM OUTSIDE OF THE
UNITED STATES IS AT END USER'S OWN RISK AND END USER
IS RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF END USER'S
JURISDICTION.
TERMINATION
If End User is dissatisfied with any portion of the
HAT LIFE ONLINE Product/Service, or with any provision
of the TOS, or any subsequent modifications thereto
or becomes dissatisfied with the HAT LIFE ONLINE Product
in any way, End User's sole and exclusive remedy is
to terminate End User's account. End User may terminate
End User's account under these Terms of Service for
any reason and at any time by notifying HAT LIFE ONLINE
and discontinuing End User's use of the HAT LIFE ONLINE
Product/Service and destroying all materials obtained
from the HAT LIFE ONLINE Product/Service and all related
documentation and all copies and installations thereof.
Upon termination of the HAT LIFE ONLINE Product/Service,
End User's right to use the HAT LIFE ONLINE Product/Service
shall cease immediately. Termination of the TOS shall
not have any effect on End User's obligations under
any other agreement related to the HAT LIFE ONLINE Product/Service.
HAT LIFE ONLINE shall not have liability to End User
or any third party for termination of HAT LIFE ONLINE
Product/Service. End User shall have no right and HAT
LIFE ONLINE will have no obligation thereafter to forward
any unread or unsent messages to End User or any third
party.
HAT LIFE ONLINE may immediately terminate
the HAT LIFE ONLINE Product/Service or End User's access
to the HAT LIFE ONLINE Product/Service should End User's
conduct fail to conform with these Terms of Service,
including but not limited to the terms of conduct set
forth in Sections 6 and 9, or without prior notice for
any reason whatsoever in HAT LIFE ONLINE's sole discretion.
Upon termination, End User must destroy all materials
obtained from the HAT LIFE ONLINE Product and all related
documentation and all copies and installations thereof.
If HAT LIFE ONLINE terminates End User, HAT LIFE ONLINE
may immediately delete all Messages in End User's account
and bar any further access to such Messages or the HAT
LIFE ONLINE Product by End User. MODIFICATIONS TO THE
SERVICE AND TERMS OF SERVICE
HAT LIFE ONLINE may modify or discontinue
the HAT LIFE ONLINE Product/Service upon notice to End
User or change the Terms of Service from time to time.
End User will be notified of any such changes with a
link notifying of a change from the opening page on
the HAT LIFE ONLINE Web site and via e-mail. End User
will be asked to review the new TOS. By continuing to
use the HAT LIFE ONLINE Product End User agrees to be
bound by the modifications to the Terms of Service.
End User agrees that HAT LIFE ONLINE shall not have
liability to End User or any third-party for any modification
or discontinuance of the HAT LIFE ONLINE Product/Service.
GENERAL PRACTICES
REGARDING USE AND STORAGE
You acknowledge that HAT LIFE ONLINE may establish general
practices and limits concerning use of the HAT LIFE
ONLINE Product/Service, including without limitation
the maximum number of days that e-mail messages or other
uploaded Content will be retained by the HAT LIFE ONLINE
Product, the maximum number of e-mail messages that
may be sent from or received by an account on the HAT
LIFE ONLINE Product/Service, the maximum size of any
e-mail message that may be sent from or received by
an account on the HAT LIFE ONLINE Product/Service, the
maximum disk space that will be allotted on HAT LIFE
ONLINE's servers on Your behalf, and the maximum number
of times (and the maximum duration for which) You may
access the HAT LIFE ONLINE Product/Service in a given
period of time. You acknowledge that HAT LIFE ONLINE
reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge
that HAT LIFE ONLINE reserves the right to change these
general practices and limits at any time, in its sole
discretion, with or without notice.
GENERAL
THE TERMS OF SERVICE AND THE RELATIONSHIP BETWEEN END
USER AND HAT LIFE ONLINE SHALL BE GOVERNED BY THE LAWS
OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT
OF LAW PROVISIONS. End User and HAT LIFE ONLINE agree
to submit to the personal jurisdiction of the courts
located within the state of California. The failure
of HAT LIFE ONLINE to exercise or enforce any right
or provision of the Terms of Service shall not constitute
a waiver of such right or provision. If any provision
of the Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision,
and the other provisions of the Terms of HAT LIFE ONLINE
Product/Service remainsmall in full force and effect.
End User agrees that regardless of any statute or law
to the contrary, any claim or cause of action arising
out of or related to use of the HAT LIFE ONLINE Product/Service
or the Terms of Service must be filed within one (1)
year after such claim or cause of action arose or be
forever barred. The section titles in the Terms of Service
are for convenience only and have no legal or contractual
effect. If any provision hereof is declared invalid
by a court of competent jurisdiction, such provision
shall be ineffective only to the extent of such invalidity,
so that the remainsmallder of that provision and all
remainsmalling provisions of the TOS shall be valid
and enforceable to the fullest extent permitted by applicable
law. HAT LIFE ONLINE agrees to perform the HAT LIFE
ONLINE Products/Services hereunder as an independent
contractor, and in no event shall HAT LIFE ONLINE's
employees and/or agents be deemed End User's employees
and/or agents. The Terms of Service constitute the entire
agreement between the parties concerning this subject
matter, and supersede and cancel any and all prior or
contemporaneous agreements or contracts, whether written
or oral. Each party acknowledges that it is not entering
into this Agreement on the basis of any representation
not expressly contained in the Terms of Service. This
TOS and all rights and obligations may not be assigned
in whole or in part by You without the prior written
consent of HAT LIFE ONLINE. HAT LIFE ONLINE shall not
be liable for failure to perform any of its obligations
hereunder if such failure is caused by an event outside
its reasonable control, including but not limited to,
an act of God, war, or natural disaster. All terms which
by there nature survive termination of the TOS shall
so survive.
End User agrees that HAT LIFE ONLINE
and its designees may in their sole discretion prohibit
End User's use of the HAT LIFE ONLINE Product/Service
if they believe End User has in any way violated the
Terms of Service.
COPYRIGHTS
HAT LIFE ONLINE respects the intellectual property of
others, and we ask our users to do the same. If You
believe that Your work or another party's work has been
copied in a way that constitutes copyright infringement,
please provide HAT LIFE ONLINE 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 site;
|
 |
Your name, address, telephone
number, and e-mail address; |
 |
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; |
 |
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 |
VIOLATIONS
Please report any violations of the TOS to:
Legal Department
Hat Life Online
10532 Los Vaqueros Circle
Los Alamitos, CA 90720
By phone: 562-252-4010
By e-mail: support@hatlife.com
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