Hipcast.com Service Agreement
I understand that the Hipcast.com system is a proprietary system created by Hipcast.com and that any and all information pertaining to that system is the exclusive property of Hipcast.com. Such systems and information may include, without limitation, all documents and materials, whether printed, graphic, or in machine-readable form, source or object code, or other tangible form, which is disclosed by Hipcast.com or its affiliates, relating to the development of certain software systems and technology relating to communication systems and services initially for the exchange of information between buyers and sellers via electronic means or any other means now known or hereafter devised, including, without limitation, all processes, hardware, software, inventions, know how, business methods, pricing, operating, performance, non-public technical and business information, financial statements, appraisals, list of inventories, list of clients or customers, business plans or forecast strategies, production plans and marketing plans relating thereto (the "Information" or the "System".) I hold Hipcast.com harmless for any and all injury incurred, either financially or personally, as a result of my use of the Hipcast.com system and its technology.
1. I understand that Hipcast.com reserves the right to change or modify the terms of this Agreement or deny services to anyone, without notice, for any reason, including but not limited to any unusual use of bandwidth and/or spamming.
I understand that I am responsible for providing Hipcast.com with accurate contact and payment information at all times. Hipcast.com is not responsible for service interruptions that may result from my payment information becoming out of date.
3. I authorize Hipcast.com to charge the credit card listed in my online application form for Hipcast.com services provided on a month to month basis, and for any past due balances in order to bring the account balance current. I understand that credit card payments shall be billed and charged automatically. Hipcast.com may charge my credit card account at any time for any outstanding invoice.
4. PAST DUE ACCOUNTS
I understand that accounts are considered past due when payment is not received within 3 days after the date of invoice. I understand that accounts that remain unpaid after 7 days may have their service interrupted or terminated.
5. I agree that all information, files and email will be deleted from an unpaid account 10 days past due or when my membership is terminated by either party. If I choose to use Hipcast.com service again thereafter, I must reapply as a new member.
6. I acknowledge that my Hipcast.com membership cannot be transferred or used by anyone other than me. I understand that any membership found in violation shall be subject to immediate termination.
7. I agree that Hipcast.com shall have the right to suspend my service at any time for any reason without any prior notice. If service is to be suspended for more than 15 days, I will be notified in advance as to the reason.
8. I understand that I may cancel my Membership at any time and that I am required to use the Membership Cancellation Form when canceling my Membership. Cancellation is considered in effect when confirmed by Hipcast.com.
9. I understand that Hipcast.com may issue a one-time full refund of my membership fees, at its sole discretion, and will not refund any surcharged service charges, including but not limited to toll-free access usage or excess bandwith usage.
10. I understand that Hipcast.com reserves the right to change the membership rates and charges by notifying me 30 days in advance of the effective date of the change.
11. I understand that if I am dissatisfied with the Service or with any terms, conditions, rules, policies, practices or guidelines of Hipcast.com in providing the Service, I understand that my sole and exclusive remedy is to discontinue using the Service.
12. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Hipcast.com.
You agree to indemnify and hold Hipcast.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hipcast.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Hipcast.com WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, Hipcast.com IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. Hipcast.com DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hipcast.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hipcast.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
17. Miscellaneous This Agreement will be governed by the laws of the United States and the state of Texas, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Dallas, TX and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
BY REGISTERING FOR THE HIPCAST.COM MEDIA STREAMING SYSTEM, I HEREBY ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THIS USAGE AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS.
Louisiana residents only: In the event of a dispute for jurisdictional purposes, a distributor shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Louisiana and the governing law shall be Louisiana law.