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Terms of Use for TheBigHack.org, HackBack.org an other HackBack Services
0. Linking Prohibited.
Due to the potential for public confusion. External linking to http://thebighack.org/ site is expressly and strictly PROHIBITED. This prohibition includes all URL"s that include "thebighack.org" in the domain using any protocol. This includes the root page as well as all sub-pages. Linking by search engines is also expressly prohibited. All links to The Big Hack are required to point to this page.
http://hackback.org/thebighack
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this site or any of the web sites listed in section 2, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
In order to permit HackBack Media to protect the quality of its products and services, you hereby consent to HackBack Media employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
2. Our Service.
The terms web: site, service and HackBack Service; all refer to the following web sites: hackback.org, thebighack.org, and douwd.org. Our web site and services are provided to you on and through our web site on an "AS IS" basis.You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
You agree that HackBack Media, in its sole discretion, may terminate your password, account (or any part thereof) or use of the HackBack Service, and remove and discard any Content within the HackBack Service, for any reason, including, without limitation, for lack of use or if HackBack Media believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. HackBack Media may also in its sole discretion and at any time discontinue providing the HackBack Service, or any part thereof, with or without notice. You agree that any termination of your access to the HackBack Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that HackBack Media may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the HackBack Service. Further, you agree that HackBack Media shall not be liable to you or any third-party for any termination of your access to the HackBack Service.
3. Your Responsibilities and Registration Obligations.
In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.
4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may consititue or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
All HackBack Media Forum communications, including chat and bulletin board communications are public and not private communications. Although HackBack Media reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
HackBack Media reserves the right to monitor some, all, or no areas of HackBack Media Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, HackBack Media is acting as a passive conduit for such distribution and HackBack Media is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.
7. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of HackBack Media. None of the Submissions shall be subject to any obligation of confidence on the part of HackBack Media, and HackBack Media shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, HackBack Media shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
8. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
The HackBack Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HackBack Media has no control over such sites and resources, you acknowledge and agree that HackBack Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HackBack Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HackBack Media SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
You acknowledge that the HackBack Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and HackBack Media owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The HackBack Media name and logo are exclusively licensed to the HackBack Media Network, Inc. All other trademarks appearing on the HackBack Service are trademarks of their respective owners. HackBack Media"s partners may also have additional proprietary rights in the content which they make available through the HackBack Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
Click to contact our webmaster
HackBack Media respects the intellectual property of others, and we ask our users to do the same. HackBack Media may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HackBack Media"s Copyright Agent 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 address, telephone number, and email 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.
* Please contact HackBack Media"s Copyright Agent for Notice of claims of copyright infringement on:
Bob Way
HackBack Media
P.O. Box 3953
Galveston, TX 77552
email for phone number
bobway@hackback.org
14. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
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