Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.
Whether or not you are registered as a User (“User” is defined as having an account); by using the Hangoverblog.com Web Site (the “Web site”, “Hangoverblog.com” or “HOB”), you have agreed to be bound to these terms of use and all modifications hereto, in addition to all applicable laws and any other policy that may be posted from time to time on the Web Site applicable to your use of the Web Site (“Terms of Use”). If you deny anything in these Terms of Use, do not use this Web Site. Hangoverblog may change the Terms of Use at any time without notice. All changes to the Terms of Use will be posted on the Web Site, and by using the Web Site after we post such changes, you agree to accept those changes. If you choose not to accept these Terms of Use, your only option is to stop using this site.
Eligibility
You must be at least the legal drinking age in your present country to use the Web Site. By using this Web Site, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to be bound to them.
Term
These Terms of Use will remain in full force and effect while you use the Web Site or are a User. If for any reason you wish to terminate your membership, send a termination notification to Termination@Hangoverblog.com.
User Conduct
You are solely responsible for the content that you publish, display, or “post” on the Web Site, or transmit to other Users. You will not post on the Web Site, or transmit to other Users, any obscene, inaccurate, abusive, harassing, profane, defamatory, sexually oriented, offensive, threatening, racially offensive, illegal material, or any material that violates another party’s rights. You will not provide inaccurate, misleading or false information to Hangoverblog or any User.
The following, without limitation, is a list of the type of actions that you are prohibited to engage in with respect to the Service and Web Site:
- - Upload, post, publish, e-mail, reproduce, transmit or distribute messages, data, text, information, sound, photographs, graphics, or video (collectively “Content”), that is obscene, inaccurate, abusive, harassing, profane, defamatory, offensive, threatening, harmful, deceptive, fraudulent, libelous, unlawful, contains explicit sexual acts, or invasive of privacy;
- - Upload, post, publish, e-mail, reproduce, transmit or distribute any Content that degrades, harasses, victimizes, intimidates, or offenses an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- - Upload, post, publish, e-mail, reproduce, transmit or distribute any Content that provides material that exploits minors in a sexual or violent manner, provides instructional information about illegal activities, engages in commercial activities without our consent.
- - “Stalk” any person or entity;
- - Impersonate any person or entity;
- - Upload, post, publish, e-mail, reproduce, transmit or distribute in any way copyrighted material, trademarks, patent, or other proprietary information without obtaining the prior consent of the owner;
- - Remove any copyright, patent, trademark, or other propriety rights;
- - Upload, post, publish, e-mail, reproduce, transmit or distribute any unsolicited or unauthorized advertising, promotional materials, “Spam”, “Junk Mail”, “Pyramid schemes”, or any other form of solicitation;
- - Upload, post, publish, e-mail, reproduce, transmit or distribute any material that contains software viruses, cancel bots, time bombs, or any computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or any other similarly destructive activity, or intercept any system, data or personal information;
- - Interfere with or disrupt the Service, Web Site, servers, or networks connected to the Web Site.
- - Forge headers or manipulate identifiers in order to disguise the origin of any information transmitted through the service;
- - “Frame “or “Mirror” any part of the Service or Web Site without Hangover Blog’s prior consent.
You acknowledge and agree that Hangoverblog is not responsible for Content or material submitted or posted on the Web Site by Users. Hangoverblog and its designees have the right (but not the obligation) at their sole discretion to use, publicly perform, copy, transmit, publicly display, reproduce, translate, edit, modify, refuse, remove in whole or part, and reformat any Content and material submitted or posted on the Web Site, and redistribute its rights in the full extent permitted by the applicable regulations. Hangoverblog is not responsible for any failure, non-failure or delay in removing such Content or material. You are responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such Content or material.
You acknowledge and agree that Hangoverblog may purge any Content and material on the Web Site at any time, and that you may not rely on any Content and material created or submitted to Hangoverblog. You acknowledge and agree that views expressed on the Web Site do not necessarily reflect the views of Hangoverblog, and Hangoverblog does not support or endorse any Content or material submitted or posted by any Users.
Opinions, advice, statements, offers, or other information or Content made available through the Service and Web Site, but not directly from Hangoverblog, are those of their respective authors and should not necessarily be relied upon, such authors are solely responsible for such Content. Hangoverblog does not guarantee the accuracy, completeness, usefulness, soundness, or expertness of any information on the Service and Web Site, or endorse and accept responsibility for the reliability of any opinion, advice, or statement made by any party on the Web Site and Service. Under no circumstances will Hangoverblog be responsible for any loss or damage resulting from your reliance on information or other content posted on the Web Site and Service or transmitted to or by Users.
Use of Materials and Content
You may not copy, modify, publish, display, transmit, adapt or exploit the Content of the Web Site for any commercial purpose including sale and trade, unless you have prior written consent from us and all other entities interested. To obtain our consent please write to us or email to the following address. If you do obtain permission by all parties involved, you cannot modify or delete any author attribution, trademark, legend or copyright notice. Additional copyright laws contained in the Terms of Use must be followed as well.
Unsolicited Materials
Hangoverblog does not wish to receive any form of confidential, secret or proprietary information or other material from you through the Web Site, mail, email, or any other way. All Content submitted or sent to Hangoverblog will be considered not to be confidential or secret in any way. You warrant and represent, by submitting Content, that the information and Content is original to you and that no other party or entity has any rights to it.
User’s Grant of Limited License
By posting Content or communicating with Hangoverblog, you automatically grant, and you represent and warrant that you have the right to grant, to Hangoverblog, its affiliates, licensees and successors, an irrevocable, perpetual, exclusive, fully paid, unrestricted, royalty-free, fully sub-licensable right and license to use, reproduce, copy, perform, distribute, adapt, modify, translate, create derivative works from, and display Content, including information, suggestions, ideas, drawings or concepts contained in the Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Hangoverblog will not violate or infringe the rights of any third party or entity. You warrant and represent that any “moral rights” in the Content is waived.
Linked Sites
Hangoverblog does not review, control, or examine any link that you post, however you may be able to link to third party Web Sites (“Linked Sites”) from this Hangoverblog Web Site. Hangoverblog is not responsible for the content, availability, advertising, products or other materials of any Linked Web Sites, or any additional links contained in them. These links do not entail Hangoverblog’s endorsement, support, or association with the Linked Sites. You have the sole responsibility of complying with the terms of use of the Linked Sites including other obligations under security, privacy, defamation, decency, secrecy, copyright, and export laws related to the use of Linked Sites and any content in them. Under no circumstances shall Hangoverblog be liable, directly or indirectly, to anyone for any loss or damage arising from or occuring by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites and therein. Hangoverblog reserves the exclusive right, at its sole discretion, to add, modify, decline or delete, without actual notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users. Permission to link anything to the Web Site must be granted by us prior to linking. Hangoverblog reserves the right to withdraw any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR ARE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDITION TO VIEW SUCH CONTENT AND MATERIAL, AND THAT THE READING, VIEWING, OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE LAWS AND STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY, OR OTHER COMMUNITY TO WHICH YOU BELONG, AND FROM WHICH YOU ACCESS THESE LINKED SITES.
Promotions and Contests
Hangoverblog may, from time to time, offer as part of the Services on or through the Web Site, promotions and contests. To enroll and participate in promotions and contests, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Hangoverblog. A Registered User is permitted only one account, a user with multiple accounts is subject to disqualification from any promotion or contest. Hangoverblog at its sole discretion, may suspend orrevoke the registration of any registered user at any time.
Registered Users agree to release Hangoverblog and its agents, advertisers, sponsors or promotional partners, from all liability arising form participation in any contests or promotions on or through the Web Site. Hangoverblog is not responsible for any technical failure which limits any Registered User’s ability to participate in any contest or promotion, including hardware or software failures, lost or unavailable network connections, or failed, incomplete, or delayed computer transmissions. Each Resigstered User agrees to be bound by the rules of the contest or promotion. Any violation of such rules may result in disqualification and revocation of registration. Hangoverblog is not obliged to award any prize to any Registered User who violates the rules. All prizes (if applicable) are subject to the official contest or promotion’s rules. Hangoverblog reserves the right to cancel, terminate or alter any contest, promotion, or rules at any time without notification.
Intellectual Property
All metrials contained in this Web Site are the copyrighted property of Hangoverblog and its affiliates or licensors. Hangoverblog is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms of Use, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.
Diclaimer of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,”WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLED. WITHOUT LIMITATION OF THE FOREGOING, HANGOVERBLOG SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLDUING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSON, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. HANGOVERBLOG DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCES TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
HANGOVERBLOG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT HANGOVERBLOG OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL HANGOVERBLOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATESM SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (I) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABLILITY TO USE THE WEB SITE, EVEN IF HANGOVERBLOG OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE: OR (II) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURASIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HANGOVERBLOG’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify, and hold Hangoverblog and its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any and all losses, liabilities, claims, damages, injuries, demands, costs or expenses (including, without limitation, attorneys’ fees, disbursements and court costs) arising out of, directly or indirectly, your use of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you, and any violation by you of these Terms of Use and/or arising from a breach of this agreement and/or any breach of your representations and warranties as set forth above. You agree not to take any action that interferes with the proper working of the Web Site, imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure, might compromise the security of the Web Site, render the Web Site inaccessible to others or otherwise cause damage to the Web Site or any content in the Web Site.
Applicable Laws / Jurisdiction
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms of Use. You expressly agree that exclusive jurisdiction for any claim or dispute with Hangoverblog or relating in any way to your use of this Web Site resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving Hangoverblog or its affiliates, subsidiaries, employees, constractors, officers, directors, advertisers, sponsors, telecommunication providers and content providers.
The Company controls and operates the Web Site from the State of California, United States of America. While we invite visitors from all parts of the world to visit the site, visitors acknowledge that the Web Site and all activities available on and through the Web Site are goverened by the laws of the United States of America and the laws of the State of California. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to obtain access to the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Copyright Infringment and Agent
To file a copyright infringement notification with us, please send a written communication including the following information via e-mail to: Copyright@Hangoverblog.com
- You name, address and a means of contacting you; and
- Identification of the copyrighted material that you believe is being infringed and information sufficient for Hangoverblog to locate it; and
- Identification of the infringing material and information reasonably sufficient to permit the service provider to locate the material;
- A statemenet that you have a good faith belief that there is no legal basis for the use of the materials complained of; and
- A statement that this notice and above information is accurate; and
- A statement under penalty of perjury that you, the complaining party, are authorized to act on behalf of the ownder of the copyrighted work.
- A physical or electronic signature.
Miscellaneous
These Terms of Use represent the complete agreement between Hangoverblog and you concerning the licenses granted hereunder, replacing all prior oral or written communications concerning its subject matter. If any provisions of these Terms of Use is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. You may not assign, transfer or delegate your rights under these Terms of Use without Hangoverblog’s prior written consent.
Contact Us
Any inquiries concerning these Terms of Use should be directed to Hangoverblog via our Contact Us form.