Terms and Conditions
Terms
and Conditions
HydrovacIndustry.com is a social
networking/community website that allows members to create personal profiles
online in order to find and communicate with each other. The service is
operated by HydrovacIndustry.com, ("HydrovacIndustry.com"). By using
the HydrovacIndustry.com Website (the "Website") you agree to be
bound by these Terms of Use (this "Agreement"), whether or not you
register as a member ("Member"). If you wish to become a Member,
communicate with other Members and make use of the HydrovacIndustry.com
services (the "Service"), please read this Agreement and indicate
your acceptance by following the instructions in the registration process.
This Agreement sets out the legally binding
terms for your use of the Website and your Membership in the Service. HydrovacIndustry.com
may modify this Agreement from time to time and such modification shall be
effective upon posting by HydrovacIndustry.com on the Website. You agree to be
bound to any changes to this Agreement when you use the Service after any such
modification is posted. This Agreement includes HydrovacIndustry.com's policy
for acceptable use and content posted on the Website, your rights, obligations
and restrictions regarding your use of the Website and the Service and HydrovacIndustry.com's
Privacy Policy. You may also receive a copy of this Agreement by e-mailing us
at: todd@HydrovacIndustry.com, Subject: Terms of Use Agreement.
Please choose carefully the information you
post on HydrovacIndustry.com and that you provide to other Members. Your HydrovacIndustry.com
profile may not include the following items: telephone numbers, street
addresses, last names, and any photographs posted by you may not contain
nudity, violence, or offensive subject matter. Information provided by other HydrovacIndustry.com
Members (for instance, in their Profile) may contain inaccurate, inappropriate
or offensive material, products or services and HydrovacIndustry.com assumes no
responsibility or liability for this material.
HydrovacIndustry.com reserves the right, in
its sole discretion, to reject, refuse to post or remove any posting (including
email) by you, or to restrict, suspend, or terminate your access to all or any
part of the Website and/or Services at any time, for any or no reason, with or
without prior notice, and without liability.
By participating in any offline HydrovacIndustry.com
event, you agree to release and hold HydrovacIndustry.com harmless from any and
all losses, damages, rights, claims, and actions of any kind including, without
limitation, personal injuries, death, and property damage, either directly or
indirectly related to or arising from your participation in any such offline HydrovacIndustry.com
event.
1. Eligibility. Membership in the Service is
void where prohibited. By using the Website and the Service, you represent and
warrant that all registration information you submit is truthful and accurate
and that you agree to maintain the accuracy of such information. You further
represent and warrant that you are 14 years of age or older and that your use
of the HydrovacIndustry.com shall not violate any applicable law or regulation.
Your profile may be deleted without warning, if it is found that you are
misrepresenting your age. Your Membership is solely for your personal use, and
you shall not authorize others to use your account, including your profile or
email address. You are solely responsible for all Content published or
displayed through your account, including any email messages, and for your
interactions with other members.
2. Term/Fees. This Agreement shall remain in
full force and effect while you use the Website, the Service, and/or are a
Member. You may terminate your membership at any time, for any reason by
following the instructions on the member Account page. HydrovacIndustry.com may
terminate your membership for any reason, effective upon sending notice to you
at the email address you provide in your Membership application or such other
email address as you may subsequently provide to HydrovacIndustry.com. If HydrovacIndustry.com
terminates your Membership in the Service because you have breached the
Agreement, you shall not be entitled to the refund of any unused portion of
subscription fees. Even after membership is terminated, this Agreement will remain
in effect, including sections 4, 5, 7 and 9-14. HydrovacIndustry.com's Terms of
Use and/or subscription fees that were provided to you at registration may
change from time to time. By using the Service and by becoming a Member, you
acknowledge that HydrovacIndustry.com reserves the right to charge for the
Service and has the right to terminate a Member's Membership should Member
breach this Agreement or fail to pay for the Service, as required by this
Agreement.
3. Non Commercial Use by Members. The Website
is for the personal use of Members only and may not be used in connection with
any commercial endeavors except those that are specifically endorsed or
approved by the management of HydrovacIndustry.com. Illegal and/or unauthorized
use of the Website, including collecting usernames and/or email addresses of
Members by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the Website will be
investigated. Commercial advertisements, affiliate links, and other forms of
solicitation may be removed from member profiles without notice and may result
in termination of membership privileges. Appropriate legal action will be taken
by HydrovacIndustry.com for any illegal or unauthorized use of the Website.
4. Proprietary Rights in Content on HydrovacIndustry.com.
HydrovacIndustry.com owns and retains all proprietary rights in the Website and
the Service. The Website contains copyrighted material, trademarks, and other
proprietary information of HydrovacIndustry.com and its licensors. Except for
that information which is in the public domain or for which you have been given
written permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information.
5. Content Posted on the Site. a. You
understand and agree that HydrovacIndustry.com may review and delete any
content, messages, HydrovacIndustry.com Messenger messages, photos or profiles
(collectively, "Content") that in the sole judgment of HydrovacIndustry.com
violate this Agreement or which may be offensive, illegal or violate the
rights, harm, or threaten the safety of any Member. b. You are solely
responsible for the Content that you publish or display (hereinafter,
"post") on the Service or any material or information that you
transmit to other Members. c. By posting any Content to the public areas of the
Website, you hereby grant to HydrovacIndustry.com the non-exclusive, fully
paid, worldwide license to use, publicly perform and display such Content on
the Website. This license will terminate at the time you remove such Content
from the Website. You represent and warrant that: (i) you own the Content
posted by you on the Website or otherwise have the right to grant the license
set forth in this section, and (ii) your Content does not violate the privacy
rights, publicity rights, copyright rights, or other intellectual property
rights of any person. You agree to pay for all royalties and fees owing any
person by reason of any Content you post on the Website. d. The following is a
partial list of the kind of Content that is illegal or prohibited on the
Website. HydrovacIndustry.com reserves the right to investigate and take
appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending
communication from the Service and terminating the membership of such
violators. Prohibited Content includes Content that: i. is patently offensive
and promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual; ii. harasses or advocates harassment of another person;
iii. involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming"; iv.
promotes information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous; v. promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files; vi. contains
restricted or password only access pages or hidden pages or images (those not
linked to or from another accessible page); vii. provides material that
exploits people under the age of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18; viii. provides instructional
information about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses; ix.
solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; or x. involves commercial activities and/or
sales without our prior written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes; (xi) for band profiles, uses sexually
suggestive imagery or any other unfair, misleading or deceptive content
intended to draw traffic to the profile. e. You must use the Service in a
manner consistent with any and all applicable laws and regulations. f. You may
not include in your Member profile any telephone numbers, street addresses,
last names, URLs or email addresses. g. You may not engage in advertising to,
or solicitation of, any Member to buy or sell any products or services through
the Service. You may not transmit any chain letters or junk email to other
Members. Although HydrovacIndustry.com cannot monitor the conduct of its
Members off the Website, it is also a violation of these rules to use any
information obtained from the Service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to any
Member without their prior explicit consent. In order to protect our Members
from such advertising or solicitation, HydrovacIndustry.com reserves the right
to restrict the number of emails which a Member may send to other Members in
any 24-hour period to a number which HydrovacIndustry.com deems appropriate in
its sole discretion. h. You may not cover or obscure the banner advertisements
on your personal profile page, or any HydrovacIndustry.com page via HTML/CSS or
any other means. i. Any automated use of the system, such as using scripts to
add friends, is prohibited. j. You may not attempt to impersonate another user
or person who is not a member of HydrovacIndustry.com. k. For band profiles,
you may not copy the code for your HydrovacIndustry.com Player and embed it
into other profiles or ask other Members to embed it into their profiles.
6. Copyright Policy. You may not post,
distribute, or reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior written consent of
the owner of such proprietary rights. It is the policy of HydrovacIndustry.com
to terminate membership privileges of any member who repeatedly infringes
copyright upon prompt notification to HydrovacIndustry.com by the copyright
owner or the copyright owner's legal agent. Without limiting the foregoing, if
you believe that your work has been copied and posted on the Service in a way
that constitutes copyright infringement, please provide our 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 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 Website; your address, telephone number, and email address; a written
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. HydrovacIndustry.com's Copyright Agent for notice of
claims of copyright infringement can be reached as follows: Copyright Agent, HydrovacIndustry.com,
11271 Ventura Blvd, Suite 151, Studio City, CA 91604.
7. Member Disputes. You are solely responsible
for your interactions with other HydrovacIndustry.com Members. HydrovacIndustry.com
reserves the right, but has no obligation, to monitor disputes between you and
other Members.
8. Privacy. Use of the Website and/or the
Service is also governed by our Privacy Policy.
9. Disclaimers. HydrovacIndustry.com is not
responsible for any incorrect or inaccurate Content posted on the Website or in
connection with the Service provided, whether caused by users of the Website,
Members or by any of the equipment or programming associated with or utilized
in the Service. HydrovacIndustry.com is not responsible for the conduct,
whether online or offline, of any user of the Website or Member of the Service.
HydrovacIndustry.com assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, any user or Member communication. HydrovacIndustry.com is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment,
software, failure of any email or players due to technical problems or traffic
congestion on the Internet or at any Website or combination thereof, including
any injury or damage to users and/or Members or to any person's computer
related to or resulting from participation or downloading materials in
connection with the Website and/or in connection with the Service. Under no
circumstances shall HydrovacIndustry.com be responsible for any loss or damage,
including personal injury or death, resulting from use of the Website or the
Service or from any Content posted on the Website or transmitted to Members, or
any interactions between users of the Website, whether online or offline. The
Website and the Service are provided "AS-IS" and HydrovacIndustry.com
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. HydrovacIndustry.com cannot guarantee and does not promise
any specific results from use of the Website and/or the Service.
10. Limitation on Liability. IN NO EVENT SHALL
HydrovacIndustry.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN
IF HydrovacIndustry.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HydrovacIndustry.com.S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO HydrovacIndustry.com
FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
11. U.S. Export Controls. Software from this
Website (the "Software") is further subject to United States export
controls. No Software may be downloaded from the Website or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
12. Disputes. If there is any dispute about or
involving the Website and/or the Service, by using the Website, you agree that
any dispute shall be governed by the laws of the State of California without
regard to conflict of law provisions and you agree to personal jurisdiction by
and venue in the state and federal courts of the State of California, City of
Los Angeles.
13. Indemnity. You agree to indemnify and hold
HydrovacIndustry.com, its subsidiaries, affiliates, officers, agents, and other
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your use of the Service in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of your representations and
warranties set forth above.
14. Other. This
Agreement is accepted upon your use of the Website and is further affirmed by
you becoming a Member of the Service. This Agreement constitutes the entire
agreement between you and HydrovacIndustry.com regarding the use of the Website
and/or the Service. The failure of HydrovacIndustry.com to exercise or enforce
any right or provision of this Agreement shall not operate as a waiver of such
right or provision. The section titles in this Agreement are for convenience
only and have no legal or contractual effect. Please contact us with any
questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO
ALL OF THE PROVISIONS CONTAINED ABOVE.