You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of HS.
Requests to use of the Content for any purpose other than as permitted in this paragraph should be directed to us via email. If I have authorized a third party vendor to grant you a license to any Content, I will tell you that directly in the portion of the Content you may license. If you do not see our express authorization, you should assume no third party has the right to allow you to use the Content.
HS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on HS, please contact me at the address listed below under the heading “Contact”.
The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by HS and its affiliated companies, and Marks owned by other information providers and third parties. For example, HS is a trademark of Habileny.com. No Marks may be used in any manner unless approved in advance by HS.
Links to, and Frames of, HS
If you operate a Web site and wish to link to HS, you may link only to the home page, HS, and not to any other page or subdomain of HS. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of HS without my express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through HS, not to insert any code or product or manipulate the content of HS in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of HS.
Membership and Registration
Please note that HS does not accept unsolicited materials or ideas for use or publication. HS is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to HS.
Other Specifics About Interactive Areas (Message Boards, Chat Areas, Phone calls etc.)
HS bulletin boards, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of HS and the volume of messages and postings, HS cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. I particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. HS reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
Interactive areas, discussion boards, chat rooms, phone calls etc., are intended to encourage public debate. I expect people to differ – judgment and opinion are subjective things – and I encourage freedom of speech and a marketplace of ideas. But by using these areas of HS, you are participating in a community that is intended for all our users. Therefore, I reserve the right to remove any content posted on my site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by HS in its discretion after I have actual notice of such posting. Without limiting my right to remove content, I have attempted to provide guidelines to those posting content on my site. When using HS, please do not post material that:
* contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
* is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
* violates any right of HS or any third party.
* discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
* violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
* unfairly interferes with any third party’s uninterrupted use and enjoyment of HS.
* advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
* uploads copyrighted or other proprietary material of any kind on HS without the express permission of the owner of that material.
* includes images, photos, or articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
* uploads or transmits viruses or other harmful, disruptive or destructive files.
* disrupts, interferes with, or otherwise harms or violates the security of HS, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through HS or affiliated or linked sites.
* “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
* requests to provide, advertise, and/or promote illegal services for soliciting of prostitution, drugs, and narcotics.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES PROHIBITIONS MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Communications with Third Parties Through Habileny.com
Your dealings or communications through HS with any party other than HS are solely between you and that third party. For example, certain areas of HS may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will HS be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
General Disclaimer and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF HS IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH HS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER HABILENY.COM, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING HS, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. HS MAKES NO WARRANTY THAT HS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT HS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
HS CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. HS DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE HS . YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
HS AND HABILENY.COM SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING HS WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH HS , INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH HS. HS ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, HS OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM HS.
IN NO EVENT SHALL HS OR HABILENY.COM, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HS OR HABILENY.COM, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, HS AND HABILENY.COM, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF HS; (B) JVD’ USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.
HS is controlled, operated and administered by habileny.com from its offices within the United States. HS makes no representation that materials or Content available through HS are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use HS or export the Content in violation of U.S. export laws and regulations. If you access HS from a location outside the United States, you are responsible for compliance with all local laws.
Habileny.com may modify, suspend, discontinue or restrict the use of any portion of HS, including the availability of any portion of the Content at any time, without notice or liability. Habileny.com may deny access to any person or user at any time for any reason. In addition, Habileny.com (or HS) may at any time transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Habileny.com, HS or any of their assets.