HowUdoWin Terms of Service
- Welcome to HowUdoWin.com, an online community that connects passionate creatives and fans throughout the community. The HowUdoWin.com service is operated by HowUdoWin.com, Inc. ("HowUdoWin.com" or “the Company”). By using the HowUdoWin.com Web site (the Web site) you agree to these Terms of Service (this "Agreement"). If you wish to become a Member and make use of the HowUdoWin.com service (the "Service"), read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page. This Agreement sets out the legally binding terms of your use of the Web site. Your membership privileges may be modified by HowUdoWin.com at any time without prior notice. Such modifications will be effective upon posting by HowUdoWin.com on the Web site. This Agreement includes HowUdoWin.com acceptable Use Policy for content posted on the Web site, HowUdoWin.com Privacy Policy and any notices regarding the Web site.
Eligibility. You must be thirteen or over to register as a member of HowUdoWin.com or to use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions. If you are under thirteen, your parents must provide HowUdoWin.com with verifiable written consent prior to providing a membership.
Term. This Agreement will remain in effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. HowUdoWin.com may terminate your membership for any reason, at any time. If HowUdoWin.com terminates your membership because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Provisions of this Agreement shall survive any termination.
Non-Commercial Use by Members. The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Passwords and compiled names, photos, links and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by any means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site are prohibited. Such violations will be investigated, and HowUdoWin.com reserves the right to take appropriate legal action.
Proprietary Rights in Content on HowUdoWin.com. HowUdoWin.com owns and retains all proprietary rights of the Web site and the Service. The Web site contains copyrighted material, including links and compilations of individual data, trademarks and other proprietary information of HowUdoWin.com and its licensors (the Content.) Except for that information that is in the public domain or for which you have received written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any of the Content.
Content Posted on the Site.
You understand and agree that HowUdoWin.com is under no obligation to monitor or review content posted to the Service, but may review and delete any content, messages, photos or profiles that in the sole judgment of HowUdoWin.com violates this Agreement or which might be offensive, illegal, harmful or in violation of the rights of Members.
Your profile must accurately and truthfully describe you. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
You are solely responsible for the content that you publish or display on the Service, or transmit to other Members. By posting content to any public area of HowUdoWin.com, you automatically grant, and warrant that you have the right to grant, HowUdoWin.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content. We also have the right to prepare derivative works, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
By posting any content that is covered by intellectual property rights (IP Content) to any public area of HowUdoWin.com, you automatically grant, and warrant that you have the right to grant HowUdoWin.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of that posted content that you post on or in connection with HowUdoWin ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
The following is a partial list of the kind of content that is illegal or prohibited on the Web site. HowUdoWin.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. This includes, but is not limited to, content that: is patently offensive to the online community, content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; content that harasses or advocates harassment of another person, involves the transmission of "junk mail", "chain letters," unsolicited mass mailing or "spamming"; promotes information that is false, misleading or pertains to illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work; contains restricted or password only access pages, or hidden pages/images (those not linked to or from another accessible page); content that is threatening, lewd, indecent or pornographic; or contains nudity or graphic or gratuitous violence; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without our prior written consent; solicits people you don't know to add you or accept you as a friend on HowUdoWin.com. Even though all of this is strictly prohibited, there is a small chance that you may become exposed to such items. By agreeing to these terms you waive any claim against HowUdoWin.com in such an instance.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services. You may not transmit any chain letters or junk email to other Members. Although HowUdoWin.com cannot monitor the conduct of its Members off the Web site, 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. It is also a violation to contact, advertise, solicit, or sell to any Member without their prior consent. In order to protect our Members from such advertising or solicitation, HowUdoWin.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period. The number is set at the discretion of HowUdoWin.com.
Copyright Policy. You may not in any way post, distribute, or reproduce copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner.
DMCA Policy. 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 infringement upon is located on the Web site as well as your address, telephone number and email address. You must also submit a written personal statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a personal statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or an authorized party acting on the copyright owner's behalf. HowUdoWin.com Copyright Agent can be reached at Copyright Agent, HowUdoWin.com, Inc. Rochester, NY
Member Disputes. You are solely responsible for your interactions with other HowUdoWin.com Members. HowUdoWin.com, Inc. reserves the right, but has no obligation to monitor disputes between Members.
Privacy. Use of the Web site and/or the Service is also governed by our Privacy Policy
Disclaimers. HowUdoWin.com is not responsible for any incorrect or inaccurate content posted on the Web site or connected to the Service. HowUdoWin.com is not responsible for the conduct, online or offline, of any user of the Web site or Member of the Service. HowUdoWin.com assumes no responsibility for theft, destruction, unauthorized access to or alteration of user or Member communications. HowUdoWin.com is not responsible for any problems or technical malfunction of any telephone networks/lines, computer online systems, servers/providers, computer equipment, software, or email or players on account of technical problems or traffic congestion on the Internet, even if damage to a user’s computer occurs while downloading material on the Web site. Under no circumstances will HowUdoWin.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any content posted on the Web site or transmitted to Members, or any interactions between users, whether online or offline. The Web site and the Service are provided "AS-IS" and HowUdoWin.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HowUdoWin.com cannot guarantee and does not promise any specific results from use of the Web site and the Service. The Service may be temporarily unavailable at times for maintenance or other reasons. No advice or information, whether oral or written, shall create any warranty not expressly stated herein.
Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will HowUdoWin.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Web site or the Service, even if HowUdoWin.com has been advised of the possibility of such damages. Notwithstanding, anything to the contrary contained herein, HowUdoWin.com liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid by you to HowUdoWin.com, if any, for the Service during the term of membership.
Disputes. This Agreement is governed by the laws of the State of New York without regard to its conflict of law provisions. If there is any dispute about or involving the Web site and/or the Service, you agree to personal jurisdiction in the state and federal courts of the State of New York and the City of Rochester. - Indemnity. You agree to indemnify and hold HowUdoWin.com, its subsidiaries, affiliates, officers, agent, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's 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 or any breach of your representations and warranties set forth above. If you are a New York resident, you waive New York Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between HowUdoWin.com and any user of the Service.
Other. This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire contract between you and HowUdoWin.com regarding the use of the Web site and/or the Service. The failure of HowUdoWin.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The failure of HowUdoWin.com to partially or fully exercise any rights or the waiver of HowUdoWin.com of any breach of this Agreement by you, shall not prevent a subsequent exercise of such right by HowUdoWin.com or be deemed a waiver by HowUdoWin.com if any subsequent breach by you of the same or any other term of this Agreement. Please contact admin@HowUdoWin.com with any questions regarding this agreement. (You must enable JavaScript to view the address.)
HowUdoWin.com is a service mark of HOWUDOWIN.COM INC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE