The TOU constitutes the entire agreement between you and HPEF and governs your use
of the services provided on this website, at the Symposium and related to the Symposium
(the "Services"), superseding any prior agreements between you and HPEF. You also
may be subject to additional terms and conditions that may apply when you use third-party
content. The TOU and the relationship between you and HPEF shall be governed by the
laws of the State of Texas without regard to its conflict of law provisions. You
and HPEF agree to submit to the personal and exclusive jurisdiction of the courts
located within the State of Texas and the City of Houston. The failure of HPEF to
exercise or enforce any right or provision of the TOU shall not constitute a waiver
of such right or provision. If any provision of the TOU 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 TOU shall remain in full force and effect. You agree
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 HPEF Sites, participation in any HPEF event,
or arising out of or related to the TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
By submitting a message or post,
or participating in a chat ("Content") to or on HPEF or accessing any page hosted,
controlled or otherwise managed by HPEF, you state that you agree with, and agree
to be in compliance with, the Terms of Use.
You agree to not use any message board
or other forum operated by HPEF:
To upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
To harm minors (defined under US law) in any way;
To impersonate any person or entity, including, but not limited to, an HPEF director or officer, or any assignee or agent thereof, or falsely state or otherwise misrepresent your affiliation with a person or entity;
To forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
To upload, post, email, transmit or otherwise make available any Content that has been deemed by a court to constitute patent, trademark, trade secret or copyright infringement;
To upload, post, email, transmit or otherwise make available any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation without obtaining prior consent from info@infinitus2010.org (for noncommercial promotion only), except as provided pursuant to any sponsorship agreement entered into by and between HPEF and you;
To submit, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment;
To interfere with or disrupt any HPEF Site or any servers or networks used by HPEF, or disobey any requirements, procedures, policies or regulations of networks connected to the HPEF Sites;
To intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
To "stalk" or otherwise harass another user;
If you are under thirteen years of age or are a resident or national of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods;
You expressly understand and agree that:
Your use of and attendance at the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. HPEF 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; HPEF does not provide any warranties as regards to the Cvent and PayPal services, or services provided by Yahoo, Yahoogroups, CafePress, LiveJournal, MySpace, and/or Facebook , although their individual terms of use and privacy policies may provide you with separate warranties and protections, and we recommend that you review same before using such services.
We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of our site may be interfered with by numerous factors outside of our control; we do not warrant that:
The Services will meet your requirements;
The results that may be obtained from the use of the Services will be accurate or reliable; or
The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations
Any material downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and that 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; however, the Services contain links to Web sites controlled or offered by third parties, and HPEF hereby disclaims liability for any other company's Web site content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site.
No advice or information, whether oral or written, obtained by you directly from HPEF or through or from the Services shall create any warranty or guarantee not expressly stated in the Terms of Use.
You expressly understand and agree that HPEF shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HPEF has been advised of the possibility of such damages), resulting from:
The use of or the inability to use the Services;
Unauthorized or alteration of your transmissions or data;
Statements or conduct of any third party on the Services;
Participation in the Symposium;
Any other matter relating to the Services;
Any services provided by any third party website linked to from the HPEF Sites, including but not limited to any services provided by Cvent, PayPal, CafePress, Yahoo, Yahoogroups, LiveJournal, MySpace, and/or Facebook.
You agree to indemnify and hold HPEF, and its subsidiaries, affiliates or other partners,
and employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit, post,
transmit or make available through the HPEF Sites, your use of the HPEF Sites, your
connection to the HPEF Sites, your use of the TOU, or your violation of any rights
of another.
You agree that HPEF shall not be liable to you or any third-party for
any termination of your access to the HPEF Sites.
HPEF services are not provided for individuals under the age of thirteen, in compliance
with the United States Federal Trade Commission regulations regarding online privacy
and protection issues for children under 13, and accordingly, if you submit Content
to HPEF, you affirm that you are over thirteen years of age. If HPEF learns that
any posts have been made by any individual who was under 13 at the time of posting,
said posts will be removed from public view.
HPEF and its related sites are designed
for adults. We do not knowingly solicit or collect information from children who
are 12 or younger, and we do not accept registrations for the Symposium from children
who are 17 and under without the assent of a parent or guardian.
By your registration
in and participation on the Services, including but not limited to your reciept of
emails sent by or through Portus 2008 you affirm that the email address that you
include in your Portus registration and any subsequent email address(es) you use
on Portus 2008 or on any Yahoogroup or other Mailing List controlled in whole or
in part by HPEF and/or Portus 2008, is not listed in the Child Protection registry
in the state of Utah, the state of Michigan, or any other state, municipality or
jurisdiction.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Services, use of the HPEF Sites, or access to the HPEF
Sites, without the permission of HPEF.
HPEF reserves the right at any time and from
time to time to modify, suspend or discontinue, temporarily or permanently, the Services
(or any part thereof) with or without notice. You agree that HPEF shall not be liable
to you or to any third party for any modification, suspension or discontinuance of
the Services.
HPEF may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because HPEF has no control over such sites and resources,
you acknowledge and agree that HPEF 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 on or available from such sites
or resources. You further acknowledge and agree that HPEF 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.
You are responsible for
obtaining access to the HPEF Sites and that access may involve third party fees (such
as Internet service provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of advertisements. In
addition, you must provide and are responsible for all equipment necessary to access
the HPEF Sites.
The Internet is global in scope, and you may be able to access HPEF
Sites from outside the United States. You therefore agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
You understand that all Content, including but not limited to registration information
submitted with regard to the Symposium, submission information provided by you that
concerns or regards participation as a speaker, panelist or participant in any portion
of the Symposium, data, text, graphics, messages or other materials, are the sole
responsibility of the persons from which such Content originated. This means that
you, and not HPEF, are entirely responsible for all Content that you submit, post,
email, transmit or otherwise make available via the HPEF sites. You understand that
by using HPEF Sites, and/or attending the Symposium, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances will HPEF be
liable in any way for any Content, 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, emailed, transmitted or otherwise made available
via any HPEF services.
You understand that the technical processing and transmission
of any HPEF services, including your Content, may involve transmissions over various
networks, and changes to conform and adapt to technical requirements of connecting
networks or devices.
You acknowledge that HPEF is not obligated to pre-screen Content and does not review Content for purposes of compliance with the TOU, and that except as provided in the section entitled MESSAGE BOARDS herein, HPEF and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content and/or block access by the public to any Submission that violates the TOU or is otherwise objectionable without notice.
HPEF does not claim ownership of or copyright in your Content. However, with respect to Content which you submit to HPEF, you grant HPEF a world-wide, royalty free and non-exclusive license to use, compile, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the HPEF Sites solely for the purposes of arranging, promoting, conducting and facilitating the Symposium and related activities, and the maintenance of any website owned or controlled by HPEF. HPEF grants you a limited license to access and make personal use of this site, except that you cannot download (other than page caching) or modify it, or any portion of it, except with express written consent of HPEF. This license does not include or allow any resale or commercial use of this site or its contents. HPEF respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide HPEF's Copyright Agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
A description of the copyrighted work or other intellectual property that you claim has been infringed
A description of where the material that you claim is infringing is located on the site, including the URL thereof, if available
Your address, telephone number, and email address if available
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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf
You acknowledge and agree that HPEF may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
Comply with legal process
Enforce the TOU
Respond to claims that any Content violates the rights of third-parties
Protect the rights, property, or personal safety of HPEF, its users and the public
Please review our Privacy Policy, which is incorporated into these Terms of Use by reference.
You do not have to be a registered user to visit HPEF's sites. If you do register
with LiveJournal, MySpace, Facebook, or Yahoo, however, you agree to adhere to the
terms of use, as modified from time to time, provided on such site. Please note,
however, that it is possible to post to both Livejournal and HPEF's Yahoogroups without
subscribing to the relevant service.
Please use proper English spelling and grammar
at all times to the best of your abilities. We cater to users worldwide who may not
have English as a first language; we would like HPEF to be accessible to all users,
therefore please avoid netspeak, cryptic abbreviations, and erratic word usage.
Threads
on the various boards can be closed by HPEF for Terms of Use violations, duplicate
threads, or exceeding the post limit for a thread (approximately 200 posts). Threads
may sometimes be "merged" with existing threads on the same subjects, or moved at
the sole discretion of HPEF to an appropriate forum.
Copyright Infringement and Privacy
Do not post Content on the board that you do not have a right to post. This includes,
but is not limited to, Instant Messenger logs, private messages, email, pictures,
content from other webpages, or other private details. Do not post links to pages
containing NC-17 or X-rated content, or post any NC-17 or X-rated material anywhere
on the HPEF sites. These actions will result in deletion of such Content, and may
result in the suspension of the account of the individual who engaged in such posting.
If you suspect a writer of engaging in copyright infringement, please inform HPEF's
Copyright Agent.
Spam is defined as posting the same thing over and over, word for word, in the same thread, forum or in all the forums, or making more than one post advertising an auction, sale, or some other commercial venture that benefits the poster or family of the poster. Also, posting excessively in a short time with posts that normally are only one or two sentences or words, or posts without relevance to the discussion or forum may also be considered spam. Accidental duplicate posts do not constitute spam, and on the message board portions of the HPEF Sites any moderator of any section of the message boards may delete one of the duplicates at their discretion.
Flaming is strictly forbidden. Do not insult or harass other users (based on actual
or perceived gender, sexual orientation, age, race, ethnicity, religion, magical
status or lack thereof, national origin, political affiliation, Hogwarts House, character
preference, or SHIP preference). You're free to post negative comments about someone's
opinion, but don't be negative about that someone him/herself. In general, a flame
can be defined as being aimed at one particular person or group of persons, and of
an insulting or malicious nature. If you do not agree with someone or feel that a
person has not studied the subject at hand carefully enough, it is not in order to
question someone's intellectual capabilities or post derogatory remarks.
HPEF has
the right to move or edit any flame. Threads that degenerate into flame wars will
be closed and/or moved. Online violence is strictly forbidden. Do not threaten other
users of the HPEF Sites with violence, including, but not limited to, physical or
mental hurt or harm, attack, destruction, or death. Threats against third parties
are also not tolerated.
Note: This TOU contains language created by TrustE, DMA, TrekToday and FictionAlley,
all of which is used with permission. The current version number for the TOU will
be in the title of the document, and the date on which the TOU was posted will be
listed at the top of the document.
HPEF Terms of Use Version 1.0 Last updated February
29, 2004 (23:59 GMT)
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