Hypster

Terms of Service

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Terms of Service Read This Terms of Use Agreement Before Accessing Website. Effective Date: This Terms of Use Agreement was last updated on January 30, 2012. This Terms of Use Agreement sets forth the standards of use of the hypster.com domain (operated by “BaronsMedia.com LLC”), Online Service for Registered Members. By using the hypster.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at hypster.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. 1. Description of Service Hypster.com is providing Member with submit, post, display, transmit and/or exchange information, opinions, photographs, images or other information, messages, transmissions or material to us. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection. 2. Disclaimer of Warranties. The site is provided by BaronsMedia.com LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, BaronsMedia.com LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. BaronsMedia.com LLC shall have no liability for any interruptions in the use of this Website. BaronsMedia.com LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. 3. Limitation of Liability BaronsMedia.com LLC SHALL NOT be liable for any damages whatsoever, and in particular BaronsMedia.com LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if BaronsMedia.com LLC has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. 4. Indemnification Member agrees to indemnify and hold BaronsMedia.com LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity. 5. Members Account All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify BaronsMedia.com LLC of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of BaronsMedia.com LLC 6. Agreement to receive e-mail As a user of this site you agree to accept periodic e-mail related to news, site management, maintenance, notices etc. from Hypster.com and info@baronsmedia.com. Hypster.com and info@baronsmedia.com do not send unsolicited email. You receive emails from us because you signed up for our hypster.com service with the understanding that your email address would be put on an email list. If at any time you do not wish to receive email you may DELETE your Hypster.com account and not utilize its services. hypster.com, BaronsMedia.com LLC nor its subsidiaries will not share your personally identifiable information or your email address with a third party without your permission. This means you will not receive emails from anyone other than Hypster.com or info@baronsmedia.com. To ensure delivery of the emails you have agreed to accept from Hypster.com info@baronsmedia.com or BaronsMedia.com LLC, please add these addresses to your address book or safe senders list: info@baronsmedia.com 7. Rules of Conduct Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to: be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else. affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming"; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information; transmit, distribute or upload content or material that has been acquired through unlawful means or any means that infringes on a copyright. It is your responsibility to ensure you retain all proof of evidence for ownership of content or materials that are transmitted, distributed or uploaded to hypster.com ; violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise. gain unauthorized access to the Site, other users' accounts, names, passwords, User Information or other computers, web sites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise. or collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so. 8. Modifications and Interruption to Service BaronsMedia.com LLC reserves the right to modify or discontinue the Service with or without notice to the Member. BaronsMedia.com LLC shall not be liable to Member or any third party should BaronsMedia.com LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that BaronsMedia.com LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 9. Third-Party Sites Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites. 10. Disclaimer Regarding Accuracy of Vendor Information Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While BaronsMedia.com LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. BaronsMedia.com LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. 11. Governing Jurisdiction of the Courts Nevada Our website is operated and provided in the State of Nevada. As such, we are subject to the laws of the State Nevada, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Nevada. 12. Compliance with Laws. Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to 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. 13. Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005 Hypster.com, will all rights reserved, or is the property of BaronsMedia.com LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BaronsMedia.com LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of BaronsMedia.com LLC. Baronsmedia.Com Llc™ and Hypster.com™ are proprietary marks of Baronsmedia.Com Llc Baronsmedia.Com Llc's trademarks may not be used in connection with any product or service that is not provided by Baronsmedia.Com Llc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Baronsmedia.Com Llc All other trademarks displayed on Baronsmedia.Com Llc's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Baronsmedia.Com Llc 14. Notification of Claimed Copyright Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Hypster.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail: 4111 W Alameda Burbank CA 91505 USA By Email: info@baronsmedia.com 15. Botnets BaronsMedia.com LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BaronsMedia.com LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. 16. Other Terms If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by BaronsMedia.com LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.