Terms of Service
Terms
& Conditions – 01.02.2007
hhnoise.com
is a social networking service that allows Users to create unique
personal pages online in order to find and communicate with old
and new friends. The services offered by hhnoise.com include the
hhnoise.com website, the hhnoise.com Internet messaging service,
and any other features, content, or
applications offered from time to time by hhnoise.com in connection
with the hhnoise.com Website (collectively, “Services”).
The hhnoise.com Services are hosted in Germany.
This
Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the hhnoise.com Services. By using the
Services, you agree to be bound by this Agreement, whether you are a
"Visitor" (which means that you simply browse the
hhnoise.com Website) or you are a "Member" (which means
that you have registered with hhnoise.com). The term "User"
refers to a Visitor or a Member. You are only authorized to use the
hhnoise.com Services (regardless of whether your access or use is
intended) if you agree to abide by all applicable laws and to this
Agreement. Please read this Agreement carefully and save it. If you
do not agree with it, you should leave the hhnoise.com Website and
discontinue use of the Services immediately. If you wish to become a
Member, communicate with other Members and make use of the Services,
you must read this Agreement and indicate your acceptance during the
Registration process.
This
Agreement includes hhnoise.com's policy for acceptable use of the
hhnoise.com Services and Content posted on the hhnoise.com Website,
your rights, obligations and restrictions regarding your use of the
Services and hhnoise.com's Privacy Policy. In order to participate
in certain Services, you may be notified that you are required to
download software or content and/or agree to additional terms and
conditions. Unless otherwise provided by the additional terms and
conditions applicable to the Services in which you choose to
participate, those additional terms are hereby incorporated into this
Agreement.
hhnoise.com
may modify this Agreement from time to time and such modification
shall be effective upon posting by gangstaz.com on the hhnoise.com
Website. You agree to be bound to any changes to this Agreement when
you use the Services after any such modification is posted. It is
therefore important that you review this Agreement regularly to
ensure you are updated as to any changes.
Please
choose carefully the information you post on hhnoise.com and that
you provide to other Users. Your hhnoise.com profile may not include
the following items: telephone numbers, street addresses, last names,
and any photographs containing nudity, or obscene, lewd, excessively
violent, harassing, sexually explicit or otherwise objectionable
subject matter. Despite this prohibition, information provided by
other hhnoise.com Members (for instance, in their Page) may
contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and hhnoise.com assumes no
responsibility or liability for this material. If you become aware of
misuse of the Services by any person, please contact hhnoise.com.
hhnoise.com
reserves the right, in its sole discretion, to reject, refuse to post
or remove any posting (including private messages) by you, or to
restrict, suspend, or terminate your access to all or any part of the
hhnoise.com Services at any time, for any or no reason, with or
without prior notice, and without liability.
Eligibility.
Use of and Membership in the gangstaz.com Services is void where
prohibited. By using the Services, you represent and warrant that
(a) all registration information you submit is truthful and
accurate; (b) you will maintain the accuracy of such information;
(c) you are 14 years of age or older; and (d) your use of the
Services does not violate any applicable law or regulation. Your
profile may be deleted and your Membership may be terminated without
warning, if we believe that you are under 14 years of age.
Term.
This Agreement shall remain in full force and effect while you use
the hhnoise.com Services or are a Member. You may terminate your
Membership at any time, for any reason, by following the
instructions on the Member's Account Settings page. gangstaz.com may
terminate your Membership at any time, without warning. Even after
Membership is terminated, this Agreement will remain in effect,
including sections 5-17.
Fees.
You acknowledge that hhnoise.com reserves the right to charge for
the Services and to change its fees from time to time in its
discretion. If gangstaz.com terminates your Membership because you
have breached the Agreement, you shall not be entitled to the refund
of any unused portion of subscription fees.
Password.
When you sign up to become a Member, you will also be asked to
choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account,
username, or password of another Member at any time or to disclose
your password to any third party. You agree to notify hhnoise.com
immediately if you suspect any unauthorized use of your account or
access to your password. You are solely responsible for any and all
use of your account.
Non-commercial
Use by Members.
The hhnoise.com Services are 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
hhnoise.com. Illegal and/or unauthorized use of the Services,
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 hhnoise.com
Website is prohibited. 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 for any illegal
or unauthorized use of the gangstaz.com Services.
Proprietary
Rights in Content on hhnoise.com.
gangstaz.com
does not claim any ownership rights in the text, files, images,
photos, video, sounds, musical works, works of authorship, or any
other materials (collectively, "Content") that you post
to the hhnoise.com Services. After posting your Content to the
hhnoise.com Services, you continue to retain all ownership rights
in such Content, and you continue to have the right to use your
Content in any way you choose. By displaying or publishing
("posting") any Content on or through the gangstaz.com
Services, you hereby grant to gangstaz.com a limited license to
use, modify, publicly perform, publicly display, reproduce, and
distribute such Content solely on and through the hhnoise.com
Services.
Without
this license, hhnoise.com would be unable to provide the Services.
For example, without the right to modify Member Content, hhnoise.com
would not be able to digitally compress music files that Members
submit or otherwise format Content to satisfy technical requirements,
and without the right to publicly perform Member Content,
hhnoise.com could not allow Users to listen to music posted by
Members. The license you grant to hhnoise.com is non-exclusive
(meaning you are free to license your Content to anyone else in
addition to gangstaz.com), fully-paid and royalty-free (meaning that
hhnoise.com is not required to pay you for the use on the Services
of the Content that you post), sublicensable (so that hhnoise.com is
able to use its affiliates and subcontractors such as Internet
content delivery networks to provide the hhnoise.com Services), and
worldwide (because the Internet and the hhnoise.com Services are
global in reach). This license will terminate at the time you remove
your Content from the hhnoise.com Services. The license does not
grant hhnoise.com the right to sell your Content, nor does the
license grant hhnoise.com the right to distribute your Content
outside of the Services.
You represent and warrant that: (i)
you own the Content posted by you on or through the hhnoise.com
Services or otherwise have the right to grant the license set forth
in this section, and (ii) the posting of your Content on or through
the hhnoise.com Services does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights
of any person. You agree to pay for all royalties, fees, and any
other monies owing any person by reason of any Content posted by
you to or through the gangstaz.com Services.
The
hhnoise.com Services contain Content of gangstaz.com
("hhnoise.com Content"). hhnoise.com Content is
protected by copyright, trademark, patent, trade secret and other
laws, and gangstaz.com owns and retains all rights in the
hhnoise.com Content and the Services. hhnoise.com hereby grants
you a limited, revocable, nonsublicensable license to reproduce and
display the hhnoise.com Content (excluding any software code)
solely for your personal use in connection with viewing the
hhnoise.com Website and using the hhnoise.com Services.
The
hhnoise.com Services contain Content of Users and other
hhnoise.com licensors. Except for Content posted by you, you may
not copy, modify, translate, publish, broadcast, transmit,
distribute, perform, display, or sell any Content appearing on or
through the hhnoise.com Services.
Content
Posted.
hhnoise.com
may delete any Content that in the sole judgment of hhnoise.com
violates this Agreement or which may be offensive, illegal or
violate the rights, harm, or threaten the safety of any person.
hhnoise.com assumes no responsibility for monitoring the
hhnoise.com Services for inappropriate Content or conduct. If at
any time hhnoise.com chooses, in its sole discretion, to monitor
the Services, hhnoise.com nonetheless assumes no responsibility
for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the
User submitting any such Content.
You
are solely responsible for the Content that you post on or through
any of the hhnoise.com Services, and any material or information
that you transmit to other Members and for your interactions with
other Users. hhnoise.com does not endorse and has no control over
the Content. Content is not necessarily reviewed by hhnoise.com
prior to posting and does not necessarily reflect the opinions or
policies of hhnoise.com. hhnoise.com makes no warranties, express
or implied, as to the Content or to the accuracy and reliability of
the Content or any material or information that you transmit to
other Members.
Content/Activity
Prohibited.
The following is a partial list of the kind of Content that is
illegal or prohibited to post on or through the hhnoise.com
Services. hhnoise.com reserves the right to investigate and take
appropriate legal action against anyone who, in hhnoise.com´s
sole discretion, violates this provision, including without
limitation, removing the offending communication from the
hhnoise.com Services and terminating the Membership of such
violators. Prohibited Content includes, but is not limited to
Content that, in the sole discretion of hhnoise.com:
is
patently offensive and promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual;
harasses
or advocates harassment of another person;
exploits
people in a sexual or violent manner;
contains
nudity, violence, or offensive subject matter or contains a link to
an adult website;
solicits
personal information from anyone under 18;
provides
any telephone numbers, street addresses, last names, URLs or email
addresses;
promotes
information that you know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
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;
involves
the transmission of "junk mail," "chain letters,"
or unsolicited mass mailing, instant messaging, "spimming,"
or "spamming";
contains
restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
furthers
or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but
not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
solicits
passwords or personal identifying information for commercial or
unlawful purposes from other Users;
involves
commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, or
pyramid schemes;
includes
a photograph of another person that you have posted without that
person's consent; or
for
band and filmmaker profiles, uses sexually suggestive imagery or
any other unfair, misleading or deceptive Content intended to draw
traffic to the profile.
The
following is a partial list of the kind of activity that is illegal
or prohibited on the gangstaz.com Website and through your use of the
Services. hhnoise.com reserves the right to investigate and take
appropriate legal action against anyone who, in gangstaz.com´s
sole discretion, violates this provision, including without
limitation, reporting you to law enforcement authorities. Prohibited
activity includes, but is not limited to:
criminal or tortious activity, including child
pornography, fraud, trafficking in obscene material, drug dealing,
gambling, harassment, stalking, spamming, spimming, sending of
viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
advertising
to, or solicitation of, any Member to buy or sell any products or
services through the hhnoise.com Services. You may not transmit
any chain letters or junk email to other Members. It is also a
violation of these rules to use any information obtained from the
hhnoise.com Services 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,
hhnoise.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 hhnoise.com deems appropriate in its sole discretion.
If you breach this Agreement and send unsolicited bulk email,
instant messages or other unsolicited communications of any kind
through the hhnoise.com Services, you acknowledge that you will
have caused substantial harm to hhnoise.com, but that the amount
of such harm would be extremely difficult to ascertain. As a
reasonable estimation of such harm, you agree to pay hhnoise.com
10.000 € for each such unsolicited email or other unsolicited
communication you send through the hhnoise.com Services;
covering
or obscuring the banner advertisements on your personal profile
page, or any hhnoise.com page via HTML/CSS or any other means;
any
automated use of the system, such as using scripts to add friends
or send comments or messages;
interfering
with, disrupting, or creating an undue burden on the hhnoise.com
Services or the networks or services connected to the hhnoise.com
Services;
attempting
to impersonate another Member or person;
for
band pages, copying the code for your hhnoise.com Player and
embedding it into other profiles or asking other Members to embed
it into their pages;
using
the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third
party to access your account;
selling
or otherwise transferring your page;
using
any information obtained from the hhnoise.com Services in order to
harass, abuse, or harm another person;
displaying
an advertisement on your profile, or accepting payment or anything
of value from a third person in exchange for your performing any
commercial activity on or through the hhnoise.com Services on
behalf of that person, such as placing commercial content on your
profile, posting blogs or bulletins with a commercial purpose,
selecting a profile with a commercial purpose as one of your "Top
8" friends, or sending private messages with a commercial
purpose; or
using
the hhnoise.com Services in a manner inconsistent with any and all
applicable laws and regulations.
Copyright
Policy.
You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of
the owner of such proprietary rights. It is the policy of
hhnoise.com to terminate Membership privileges of any Member who
repeatedly infringes the copyright rights of others upon receipt of
proper notification to hhnoise.com by the copyright owner or the
copyright owner's legal agent.
Member
Disputes.
You are solely responsible for your interactions with other
hhnoise.com Members. gangstaz.com reserves the right, but has no
obligation, to monitor disputes between you and other Members.
Privacy.
Use of the hhnoise.com Services is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
Disclaimers.
hhnoise.com is not responsible for any incorrect or inaccurate
Content posted on the hhnoise.com Website or in connection with the
Services, whether caused by Users of the Services or by any of the
equipment or programming associated with or utilized in the
Services. Profiles created and posted by Members on the hhnoise.com
Website may contain links to other websites. hhnoise.com is not
responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or
checked for accuracy or completeness by hhnoise.com. Inclusion of
any linked website on the Services does not imply approval or
endorsement of the linked website by hhnoise.com. When you access
these third-party sites, you do so at your own risk. hhnoise.com
takes no responsibility for third party advertisements which are
posted on this gangstaz.com Website or through the Services, nor
does it take any responsibility for the goods or services provided
by its advertisers. hhnoise.com is not responsible for the conduct,
whether online or offline, of any User of the Services. gangstaz.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. hhnoise.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 on any of the hhnoise.com Services or combination
thereof, including any injury or damage to Users or to any person's
computer related to or resulting from participation or downloading
materials in connection with the hhnoise.com Services. Under no
circumstances shall hhnoise.com be responsible for any loss or
damage, including personal injury or death, resulting from use of
the hhnoise.com Services, attendance at a hhnoise.com event, from
any Content posted on or through the Services, or from the conduct
of any Users of the Services, whether online or offline.
hhnoise.com cannot guarantee and does not promise any specific
results from use of the hhnoise.com Services.
Limitation
on Liability.
IN NO EVENT SHALL gangstaz.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 SERVICES, EVEN IF hhnoise.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, hhnoise.com´s LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
hhnoise.com FOR THE gangstaz.com SERVICES DURING THE TERM OF
MEMBERSHIP.
Disputes.
If there is any dispute about or involving the hhnoise.com
Services, you agree that the dispute shall be governed by the laws
of Essen, Germany, without regard to conflict of law provisions and
you agree to exclusive personal jurisdiction and venue in the state
and federal courts of Germany located in the State of Nord Rhein
Westfalen, City Essen.
Indemnity.
You agree to indemnify and hold hhnoise.com, its subsidiaries, and
affiliates, and their respective officers, agents, 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 hhnoise.com Services 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 and/or if any Content that you post on the hhnoise.com
Website or through the hhnoise.com Services causes hhnoise.com to
be liable to another.
Other.
This Agreement is accepted upon your use of the hhnoise.com Website
or any of the gangstaz.com Services and is further affirmed by you
becoming a Member. This Agreement constitutes the entire agreement
between you and gangstaz.com regarding the use of the hhnoise.com
Services. The failure of gangstaz.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.
hhnoise.com is a trademark of World Dot UG. This Agreement
operates to the fullest extent permissible by law. If any provision
of this Agreement is unlawful, void or unenforceable, that provision
is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
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