Date of Last Revision: March 1, 2013
Hello! Welcome to hututoo.com Terms of Service. Please read this carefully before using our site, services, or products. This is a contract between you and hututoo.com. We've tried to be fair and straight forward. Please feel free to email us at email@example.com if you have any questions or suggestions!
Accepting the Terms of Service
Please read these Terms of Service and our Community Guidelines (collectively, the "Agreement") carefully before using hututoo.com.com (the "Site") and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by hututoo.com. (all of those collectively with the Site, the "Services") . By using or accessing the Services, you ("Subscriber" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don't agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services.
Modifications to this Agreement
hututoo.com reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your hututoo.com Dashboard or in our mobile applications).
Use of the Services
- Eligibility: No individual under the age of thirteen (13) may use the Services, provide any personal information to hututoo.com, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with hututoo.com and are not legally prohibited from using the Services.
- Service Changes and Limitations: The Services change during our Beta Program frequently, and their form and functionality may change without prior notice to you. hututoo.com retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. hututoo.com may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. hututoo.com may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). hututoo.com may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
- Limitations on Automated Use: You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of hututoo.com and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by hututoo.com (and only pursuant to those terms and conditions) or unless permitted by hututoo.com's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
- Registration, hututoo.com URLs, and Security: As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password and hututoo.com username, which will serve as a default link to your default hututoo.com Story of the form [username].hututoo.com.com (a "hututoo.com URL"). You must select a different hututoo.com URL for each new Story you create.
You agree to provide hututoo.com with accurate, complete, and updated registration information, particularly your email address.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify hututoo.com immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
Content and Subscriber Content
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, Themes (as defined below), and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
- Your Rights in Subscriber Content:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and hututoo.com and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content.
You retain ownership you have of any intellectual property you post to hututoo.com.
- Subscriber Content License to hututoo.com:
When you provide Subscriber Content to hututoo.com through the Services, you grant hututoo.com a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights you grant in this license are for the limited purposes of allowing hututoo.com to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to "creat[ing] derivative works" is not intended to give hututoo.com a right to make substantive editorial changes or derivations, but does, for example, enable reblogging, which allows hututoo.com Subscribers to redistribute Subscriber Content from one hututoo.com Story to another in a manner that allows them to add their own text or other Content before or after your Subscriber Content.
- You also agree that this license includes the right for hututoo.com to make all publicly-posted Content available to third parties selected by hututoo.com, so that those third parties can syndicate and/or analyze such Content on other media and services.
Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through hututoo.com's Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can't later be erased without retroactively censoring the speech of others.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
- Content License to You:
As a Subscriber of the Services, hututoo.com grants you a worldwide, revocable, non-exclusive, non-sub-licensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, as defined below). This means, for example, that we license Content to you for purposes of creating story like this.
Termination and Deletion:
On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, hututoo.com shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Subscriber Content may not be entirely removed (due to the nature of '93create story like this'94, for example)
Warranty Disclaimer; Services Available on an "AS IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, hututoo.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. hututoo.com makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. hututoo.com also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from hututoo.com or through the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, hututoo.com AND THE hututoo.com AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT hututoo.com HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. hututoo.com may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, hututoo.com may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to hututoo.com or any third party.
This Agreement, as modified from time to time, constitutes the entire agreement between you and hututoo.com with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sub-licensable by you except with hututoo.com's prior written consent. hututoo.com may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind hututoo.com in any respect whatsoever. Any notice to hututoo.com that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognised overnight courier or mailed by first class, registered or certified mail, postage prepaid, to hututoo.com.