Hitnews.com (“Hitnews”) provides the services available to you (the “System”) described on our website located at www.hitnews.com (the “Website”) subject to the following terms of use (this “Terms of Use”). By accessing or using the Website and/or System, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use. You acknowledge and agree that these Terms of Use, together with our Privacy Policy described immediately below, constitute the complete and exclusive agreement between us and you concerning your use of the Website and/or System, and supersede and govern all prior proposals, agreements, or other communications.
Privacy Policy
Please review our Privacy Policy to be sure that you fully understand our privacy practices and how we collect, use and protect your personal information. Our Privacy Policy is incorporated by reference into, and made a part of, this Terms of Use, and also governs your visit to and use of the System and/or Website. You acknowledge that transmissions to and from the System and/or Website are not confidential and your communications may be read or intercepted by others. You acknowledge that, by submitting communications to Hitnews, no confidential, fiduciary, contractually implied or other relationship is created between you and Hitnews other than pursuant to this Terms of Use.
Modifications to this Terms of Use, System and Website
Hitnews reserves the right to change these Terms of Use at any time, so we encourage you to review this web page periodically. The changes will be effective immediately when posted. Your use or continued use of the System and/or Website following the posting of any changes to this Terms of Use shall constitute your acceptance of the changed Terms of Use. If you do not accept these Terms of Use, you may not use the System and/or Website. Hitnews may change, suspend or discontinue any aspect of the System and/or Website at any time, including the availability of any System feature, Website feature, database or content. Hitnews may also impose limits on certain features and services or restrict your access to parts or all of the System and/or Website without notice or liability.
Limited License
We grant you a limited, revocable, and nonexclusive license to access and make personal use of the System and Website. This license does not include any resale or commercial use of the System, Website or its contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the System and/or Website.
You may not do any of the following without the express, prior written consent of Hitnews:
- visit or otherwise exploit the Website for any commercial purpose;
- the frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Website;
- download (other than page caching) the Website, or any portion of it;
- copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Website; or
- use any meta tags or any other “hidden text” utilizing Hitnews’ name, domain name or trademarks.
Any unauthorized use terminates the license granted to you above by Hitnews.
Representations and Warranties
You represent, warrant and covenant that:
(a) you shall not upload, post or transmit to or distribute or otherwise publish through the System any materials which
- (i) restrict or inhibit any other user from using and enjoying the System,
- (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
- (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law,
- (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right,
- (v) contain a virus or other harmful component,
- (vi) contain any information, software or other material of a commercial nature,
- (vii) contain advertising of any kind, or
- (viii) constitute or contain false or misleading indications of origin or statements of fact;
and (b) that you are at least eighteen (18) years old.
Indemnification
You hereby agree to indemnify, defend and hold Hitnews, and all its officers, directors, owners, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Terms of Use or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Hitnews reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of Hitnews.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE Hitnews WEBSITE AND/OR SYSTEM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” AND Hitnews EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING IN ANY WAY TO THE Hitnews SITE AND/OR SYSTEM OR ANY LINKED SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE Hitnews SITE AND/OR SYSTEM, SITE-RELATED SERVICES AND ANY LINKED SITE. Hitnews DOES NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE Hitnews SITE AND/OR SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE Hitnews SITE AND/OR SYSTEM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Hitnews AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE Hitnews SITE AND/OR SYSTEM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HITNEWS AND ITS SPONSORS AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE Hitnews SITE AND/OR SYSTEM, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE Hitnews SITE AND/OR SYSTEM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Hitnews SITE AND/OR SYSTEM AND/OR SITE-RELATED SERVICES IS TO STOP USING THE Hitnews SITE AND/OR SYSTEM AND/OR THOSE SERVICES.
Accuracy of Information; Links to Third Party Sites
Although Hitnews attempts to ensure the integrity and accurateness of the Website and/or System, it makes no guarantees whatsoever as to the correctness or accuracy of the Website and/or System. It is possible that the Website and/or System could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website and/or System by third parties. In the event that an inaccuracy arises, please inform Hitnews. Hitnews reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Hitnews may, at its sole discretion, offer links to websites of various service, product and information providers. As these websites are not maintained or written by Hitnews, we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, Hitnews will not be held liable for decisions made based upon information on these linked websites. These links should not serve as an endorsement for any particular provider’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained.
Intellectual Property
Unless otherwise set forth hereunder, all content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof is the property of Hitnews, our affiliates, our partners or our licensors, and is protected by US and international intellectual property laws.
User Submissions and Communications
Hitnews does not and cannot review all materials posted to the System by users, and Hitnews is not responsible for any such materials posted by users. However, Hitnews reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Hitnews’ sole discretion are objectionable or in violation of this Terms of Use.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the System, you hereby grant to Hitnews a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Hitnews for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You represent and warrant that you own or otherwise control the rights to all Communications that you submit to the System and that any such Communication does not constitute or contain any software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Communication. You agree to indemnify us for all claims arising from your claims to any rights in any Communication.
Hitnews does not archive or store any completed binary or decoded files anywhere on its network. All files always exist only as ASCII characters on their network. Hitnews provides unfiltered Usenet access. Hitnews cannot and does not control the content on its service and/or network. You affirm to be at least eighteen years old, nor post any membership information onto the internet, for example in forums. Your account is for personal use only and may not be used for reseller, caching or any other type of service or caching system. You will comply with all applicable laws regarding your access to the service. This includes copyright legislation. Hitnews provides high-quality service on an “as is” and “as available” basis. The service is an online automated interactive information, transaction and communication system. We cannot and do not review the information flowing through or stored on our system. Hitnews is not responsible and accountable for information/content that its users post onto its service or use. You are responsible for the determination of the legal status of any intellectual property you use or duplicate through our service and you shall not use the service to post or transit any illegal and/or copyrighted material. You agree not to violate copyright laws by transferring copyrighted works through our system or by causing them to be transferred or stored without the permission of the copyright holder. Posting of copyrighted materials without the permission of the copyright holder can be grounds for suspension of posting or termination of your account. You waive the right to seek damages with Hitnews. Hitnews disclaims liability for any harm resulting from using our service. Hitnews reserves the right to at its own discretion and without any prior notice and without any reason terminate your account without any reimbursement or refund of the money (pre-)paid for its service. I understand that Hitnews will not knowingly be an accomplice in the commission of illegal acts. I understand that any use of Hitnews services that violate any laws (state or federal) that apply to Hitnews will be eradicated upon notice of the offense. No reimbursements or refunds are given under any circumstances. You are responsible for all actions that occur with respect to your account. As a condition of service, you agree to indemnify and hold harmless Hitnews, its officers, employees, agents, and shareholders, for any cause of action out of your account with use or your use of the service. This agreement and mentioned policies represent a written binding contract. I have read this Terms of Service agreement carefully and agree fully to it and all information/policies mentioned, therefore. By clicking on the “I Agree” button and start using our service you agree to the Terms of Service and policies mentioned.
MISCELLANEOUS
THIS POLICY IS ENTERED INTO IN THE STATE OF NEW YORK AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, EXCLUSIVE OF ITS CHOICE OF LAW RULES. EACH PARTY TO THIS POLICY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE STATE OF NEW YORK, COUNTY OF NEW YORK, AND WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.
