- “HSTHREE” – its agents, directors, officers, employees, shareholders, and representatives.
- “Affiliate” – A legal entity that HSTHREE owns or which are under common ownership with HSTHREE, or in which HSTHREE has a legal contractual agreement with (including, but not limited to an HSTHREE client or partner); or in which HSTHREE utilizes as a subcontractor, information provider, or licensor and licensee of Software and Service.
- “Consumer” – A visitor to an HSTHREE Website or any individual or entity that utilizes HSTHREE Software or Service through any means.
- “Interactive Feature” – Includes, without limitation, electronic mail, chat rooms, bulletin boards, online forms, or any other medium in which messages or Website content can be submitted or created by Consumer.
- “Personal Information” – Names, addresses, telephone numbers, email addresses, credit card information, or other contact information and personally identifiable data.
- “Service” – Without limitation and as a general term, any feature or function directly or indirectly related to the Website that may be utilized by the Consumer; including all necessary and relevant network and back-end resources that the feature or function may utilize.
- “Software” – Without limitation, HSTHREE and/or Affiliate database applications, administrative website account control panels and accompanying features, email account applications and email or other contact management applications, other necessary and relevant software for Website features and functions, and any updates and releases to such software.
- “Store” – Any interface or display on a Website in which the Consumer has the opportunity to purchase goods or services.
- “Submission” – Website content or any other files received through the Website or its related accounts from a Consumer via an Interactive Feature, including but not limited to, electronic mail, creative ideas, comments and suggestions, chat postings, bulletin board postings, art, images, stories, poems, fan biography submissions, etc.
- “Trademarks” – Trademarks, service marks, trade names, logos, and trade styles.
1. Ownership and Restrictions on Use of Software and Service
- You agree not to interrupt or attempt to interrupt the operation of this Website in any way. Additionally, you will not use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage HSTHREE or its clients, their respective products, services or personnel.
- No unsolicited email may be directed to or through this Website.
- HSTHREE maintains this Website for your personal entertainment, information, education, and communication; and is solely for your personal use. You are welcome to print or otherwise copy material from this Website for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. Except for content you have legally posted on the Website, you may not distribute, reproduce, exchange, enter into a database, upload, modify, display, publish, create derivative works, sell or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, and other intellectual property related to HSTHREE and/or its Affiliates for any business, commercial or public purpose without prior written consent of HSTHREE. Any unauthorized use of the text, images, audio and video may violate copyright HSTHREE, trademark HSTHREE, the HSTHREE of privacy and publicity and civil and criminal statutes. Modification of any materials displayed on the Website is a violation of HSTHREE’ copyright and other proprietary rights.
- All Trademarks on this Website are proprietary to HSTHREE, its Affiliates, or an independent third party. Proper use is limited to use in connection with the products and services of the mark owner and no other use is permitted without the owner’s written permission. Additionally, you may not use any mark appearing on this Website:
(a) In, as, or as part of your own trademarks.
(b) To identify products or services that is not HSTHREE products or services.
(c) In a manner likely to cause confusion.
(d) In a manner that implies inaccurately HSTHREE sponsors, endorses, or is
otherwise connected with non-HSTHREE activities, products, or services.
(e) In a manner that disparages HSTHREE.
HSTHREE restricts the use of its Trademarks in any form within hyper text markup language (html), ALT text, Title tags, site description, or META tags; as well as all related header files without expressed written consent of HSTHREE. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of its respective owner.
- In the event you download Software from an HSTHREE Website, the Software, including any files, images incorporated in or generated by the Software, and data accompanying the Software are licensed to you by HSTHREE or third party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but HSTHREE or its Affiliates retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Software from this Website is further subject to United States export controls. 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 in which it is not legal to export such goods from the United States.
- By submitting and/or posting content on the Service, the Consumer gives HSTHREE the right to display such content on the Service and its affiliated publications and to use such content for promotional and marketing purposes. In addition, any such content becomes the property of HSTHREE or its Affiliates.
All materials contained in any HSTHREE Website are the copyrighted property of HSTHREE, its Affiliates, or an independent third party.
2. Public or Private Communication/Shared Information; Submissions
- HSTHREE is pleased to hear from our visitors and welcome your comments regarding our products and services. Although HSTHREE may from time to time monitor or review Submissions submitted in discussions, chats, postings, bulletin boards, and the like on the Website, HSTHREE is under no obligation to do so and assumes no responsibility or liability arising from the content of any Submission nor for any error, copyright infringement, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger/threat, or inaccuracy contained therein. Display of any Submission in any Interactive Feature does not constitute approval or endorsement by HSTHREE.
- You must use Interactive Features in a responsible manner. You must not make any Submission in connection with any Interactive Feature that: (i) restricts or inhibits any other Consumer from using and enjoying the Website; (ii) is unlawful, threatening, harassing, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, racially offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Interactive Feature.
It is our policy to respect the privacy of all Consumers. Therefore, we will not monitor, edit, or disclose the contents of a Consumer’s email or other personally identifiable information unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on any HSTHREE Website; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our Consumers or the public. Consumers shall remain solely responsible for the content of their Submissions.
- When participating in an Interactive Feature such as any chat room, message board, or other Consumer-generated content area, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Keep in mind that whenever you give out personal information online through Interactive Features that result in posting of your Submission on a website, that information can be collected and used by people you don’t know. While HSTHREE strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose through such mediums; you make such disclosures at your own risk.
Information obtained in an Interactive Feature may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of such information, and shall not be responsible for any trading or investment decisions made based on such information.
- By transmitting any Submission, you are automatically granting HSTHREE a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, prepare derivative works based upon, distribute, publicly perform or display such Submissions, in whole or in part, in any form, medium or technology known now or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. This means that anything submitted by you to the Website will be owned by HSTHREE or its Affiliates and may be used by HSTHREE or its Affiliates for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of HSTHREE and/or its Affiliates. HSTHREE also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission. In addition, you warrant that all so-called “moral rights” in any relevant materials have been waived.
3. Content Linked To and From Website
- You should be aware that when you are on an HSTHREE Website, you could be directed to other sites that are beyond our control. There may be links to other sites from HSTHREE Website pages that take you outside of our Service. This includes links from Affiliates that may use our logo(s) as part of a co-branding agreement, or independent third parties. These other sites may send their own cookies to Consumers, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, other sites linked to an HSTHREE Website may send cookies to Consumers that we do not control.
HSTHREE is not responsible for the content of any Website linked to or from the Website. Your viewing any other site is entirely at your own risk. The inclusion of links to other sites is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site unless specifically noted. HSTHREE has not necessarily reviewed any or all of the sites linked to the Website. Your linking to the Website, off-Website pages or other sites is at your own risk and without the permission of HSTHREE unless specifically documented on a case-by-case basis.
- HSTHREE disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise or any materials or information contained on sites linked to or from an HSTHREE Website. Every effort is made to link only to websites that provide trustworthy, pertinent and reliable information. HSTHREE makes no representations concerning the content of sites listed in any of our link areas/pages or directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in related search results or otherwise linked to or from an HSTHREE Website.
By clicking on a link that may take you away from an HSTHREE Website, you acknowledge that HSTHREE has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against HSTHREE with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or webmaster.
- No link to the Website may be “framed” by the permissible site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics, or any illegal or objectionable content.
- The posting or creation of any link to the Website signifies that you have read these terms and agree to abide by them. HSTHREE reserves the right to disable or demand removal of any link to an HSTHREE Website from a third party site for any reason, unless otherwise agreed to and documented by HSTHREE.
4. Subscriptions, Purchases, and Billing of Goods and Services
- Some services offered on HSTHREE Websites are subscription-based services. If you open a subscription- based account with any of our Websites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. HSTHREE reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges, or terms effective upon prior notice to Consumers. HSTHREE reserves the right to terminate any account at any time for any reason.
HSTHREE agrees that it will terminate Consumer’s account upon notice from Consumer. If Consumer has a balance due on any HSTHREE account, Consumer agrees that HSTHREE can charge these unpaid fees to their credit card, and that the Consumer is responsible for paying the balance due immediately upon account termination.
The renewal charge shall be equal to the original Consumer signup price, unless otherwise notified in advance by HSTHREE or its Affiliate. Consumer agrees to pay the subscription’s then current term price in full unless written notice of cancellation is received prior to renewal date.
- A Website’s Store allows you to order goods or services supplied by either HSTHREE or its Affiliates. By placing an order, you acknowledge that the appropriate vendor selling the particular goods or services is exclusively responsible for their fulfillment and delivery. HSTHREE may or may not be the vendor for goods and services on its Websites, and is not to be held responsible for delivering or guaranteeing those goods and services that are not in its direct control.
By placing an order in a Store, you agree to pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase goods and services through the Website is subject to limits established by HSTHREE, the vendor or your credit card issuer. The vendor may bill your credit card at the time any goods or services are ordered. The vendor may, in its sole discretion, decline service to or terminate your applicable account without notice.
Each HSTHREE Website will provide the proper contact information for its Store, and may have FAQs or other information posted to help answer questions regarding the Store. Please refer to these resources on the relevant HSTHREE Website to have your questions answered.
To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology when it is required to provide such information through an HSTHREE Website.
- You will be responsible for all charges incurred while your account is being used, if any, including charges for any goods or services. Consumer’s right to use certain Services is subject to any limits established by HSTHREE or by Consumer’s credit card issuer. If payment cannot be charged to Consumer’s credit card or Consumer’s charge is returned for any reason, including chargeback, HSTHREE or the third party vendor reserves the right to either suspend or terminate Consumer’s access and account, thereby terminating this agreement and all obligations of HSTHREE hereunder.
- We cannot ensure that you will be satisfied with any goods or services that you purchase from a third party site that links to or from any HSTHREE Website or third party content on our Websites. We do not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites or content unless otherwise documented. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
- If Consumer has reason to believe that Consumer’s account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Consumer’s ID, password, or any credit, debit or charge card number stored by HSTHREE or its Affiliates), Consumer shall notify HSTHREE or its Affiliates immediately of the problem to avoid possible liability for any unauthorized charges to Consumer’s account.
5. Disclaimer of Warranties and Damages; Limitation of Liability
- While HSTHREE and its Affiliates use reasonable efforts to include accurate and up-to-date information in the Website, your use of the Website is at your risk. HSTHREE and its Affiliates make no warranties or representations as to its accuracy and specifically disclaim any liability or responsibility for any errors or omissions in the content on the Website. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. HSTHREE is not responsible for the availability or content of other services that may be linked to the Service. The information contained in or made available through the Website (including, but not limited to information contained within Interactive Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY HSTHREE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY HSTHREE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESONSIBLE FOR THE TIMELINESS, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY OF SERVICE ON ANY HSTHREE WEBSITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY HSTHREE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HSTHREE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT RESULT FROM THE ACCESS AND USE OF, OR THE INABILITY TO USE OR ACCESS, ANY HSTHREE WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION, OR SUBSEQUENT LOSS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY HSTHREE WEBSITE.
- The Website may contain links and pointers to other sites, resources, and advertisers of the Website. Links to and from the Website to other sites, maintained by third parties, do not necessarily constitute an endorsement by HSTHREE or any Affiliate of any third party site or content. HSTHREE is not responsible for the availability of these third party resources, or their contents. HSTHREE has not necessarily reviewed any or all of the sites linked to the Website and are not responsible for the content of any off-Website pages or any other sites linked to the Website. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. Your linking to the Website, off-Website pages or other sites is at your own risk and without the permission of HSTHREE unless otherwise documented. By clicking on any such link, you acknowledge that the Website has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against HSTHREE with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or webmaster.
- Search and directory features are provided free of charge, when applicable. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in any HSTHREE-related search index or directory.
6. Notice and Procedure
- HSTHREE may give notice to Consumers of the Website by means of a general notice on the Website, electronic mail to a Consumer’s e-mail address on our records, or by written communication sent by first class mail to a Consumer’s address on HSTHREE’ records. If you believe that any material on this Website, whether posted by us or by third parties, violates the copyrights or other rights of third parties, please contact us with complete details.
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HSTHREE to locate the material;
- Information reasonably sufficient to permit HSTHREE to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- In conjunction with the foregoing, you are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account.
8. Termination of Service
- These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all HSTHREE Websites and destroying all materials obtained from any and all such Websites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise.
9. Choice of Law and Jurisdictional Issues
- HSTHREE and its Affiliates make no representation that the materials contained in the Website are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Website, you do so on your own initiative and risk and are responsible for compliance with all applicable lHSTHREE.
11. Policy Updates