Updated January 24, 2013
HTS reserves the right to take any legal or technical remedies to prevent the violation of the Terms and to protect the HTS Services, Users, and the rights and property of HTS and its affiliates.
1. Intellectual Property
We respect the intellectual property rights of others and we ask that you do the same. Except for any third party content used as part of the HTS Site, the data and materials on the HTS Site, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the HTS Site (collectively, “HTS Content”) are the intellectual property of HTS. HTS Content is protected by copyright, trademark and other intellectual property laws regardless of whether intellectual property notices appear on such HTS Content and regardless of whether such intellectual property notices have been filed with government agencies, and all ownership rights remain with us. We reserve all rights not expressly granted in and to HTS Content. Except as provided in these Terms, HTS Content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of HTS. If you violate these Terms, your permission to use the HTS Services automatically terminates and you must immediately destroy any copies you have made of the HTS Content.
If you violate these Terms, your permission to use the HTS Services automatically terminates and you must immediately destroy any copies you have made of the HTS Content.
If you wish to request permission to use any HTS Content in a manner otherwise prohibited under these Terms, please contact: firstname.lastname@example.org.
Through the HTS Site, you may register for certain of the HTS Services on behalf of yourself or other Users, or you may refer prospective Users to the HTS Services. If you do so, you will be asked to enter personally identifying information, including but not limited to the User’s name and email address. Once you have completed registration, including submitting any necessary payments, you will have created a User account. The User account is accessible by entering the login information and password that were used to create the User account. HTS reserves the right to cancel any User account without notice if HTS becomes aware of any breach of these Terms.
3. HTS Services Requiring Payment
Certain HTS Services will require payment. When you use a service that has a fee, you have the opportunity to review and accept the fee that you will be charged. To access such HTS Services, payment must be made in full prior to accessing the Services. Charges are expressed in US Dollars. Should you wish to terminate the HTS Services that require payment, you will not be entitled to a refund. Rates for HTS Services may change over time and are effective the date they are posted to the HTS website. Failure to accept the fee will prohibit a User’s access to certain HTS Services.
4. Use of the HTS Services
You may not use the HTS Services and may not accept these Terms if (a) you are not of legal age to form a binding contract with HTS or (b) you are a person barred from receiving the HTS Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use the HTS Services. You may use the HTS Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
By using the HTS Services, you agree that you will not, and that you will not encourage, solicit, assist or enable any third party to:
(a) Use the HTS Services for any unlawful purpose, including but not limited to conspiring to violate law;
(b) Upload, post, transmit or otherwise make available any content, or engage in communication, that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(c) Create a false or misleading identity, including, but not limited to, impersonating a HTS employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
(d) Transmit, email or post any content that contains in any form software viruses or such programs as including, but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) Use the HTS Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the HTS Services, including but not limited to interfere with or disrupt networks connected to the HTS Site, or disobey any requirements, procedures, policies or regulations of networks connected to the HTS Site;
(f) Attempt to gain unauthorized access to the HTS Site, User accounts, computer systems or networks connected to the HTS Services, through password mining or any other means;
(g) Attempt to modify, adapt, translate, hack, decompile or reverse engineer any portion of the HTS Services;
(h) Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(i) Use any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of the HTS Site, except as expressly authorized by HTS, provided that, unless otherwise determined by HTS, the foregoing restrictions generally will not apply to automated processes used solely for indexing and hyperlink purposes by general purpose search engines or for indexing and archiving purposes by non-commercial public archives;
(j) Copy any part of the HTS Services without the express permission of HTS unless permitted to do so under these Terms, remove any copyright, trademark or other proprietary notices from the HTS Site or any copy thereof without the express permission of HTS, or cause, permit or authorize the modification, creation of derivative works, or translation of the HTS Site without the express permission of HTS;
(k) Reformat or frame any portion of the web pages that are part of the HTS Services;
(l) Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
(m) Disseminate, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation;
(n) Interfere with another User’s use and enjoyment of the HTS Services;
(o) Harvest or collect email addresses or other contact information of Users, including usernames, from the HTS Services by electronic or other means;
(p) Sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your User account or password, including, without limitation, on or through the use of any third party web site or service;
(q) Take any steps to interfere with or in any manner compromise or circumvent any of HTS’s privacy or security measures;
(s) Use the HTS Services for any unauthorized purpose or in any manner not expressly permitted by the Terms.
5. Links to Third Party Websites and Third Party Transactions
The HTS Site contains links to websites other than our own, including to third parties that provide services through the HTS Site. Sites hosted by such third parties may be accessed through the HTS Services. In some cases, these sites may maintain the look and feel of the HTS Site. HTS has no control over any third party sites or their content and does not assume responsibility or liability for any content, opinions, materials, or services available on them. HTS reserves the right to disable links from or to third party sites, although HTS is under no obligation to do so. HTS does not control or endorse the content of any third party site, nor does HTS warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you leave the HTS Services and access a third party site or use or install any third party applications, software or content, you do so at your own risk and you should be aware that our Terms no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from the HTS Services, or relating to any applications from a third party site that you access through the HTS Services. If you choose to enter into a transaction with a third party service provider, you should be aware that such transactions do not take place on the HTS Site and that HTS is not responsible for the processing or security of such transactions.
Certain uses of the HTS Services are governed by the following third party terms and privacy policies:
6. HTS Social Media
HTS has numerous accounts across social media platforms that are accessible on or through the HTS Site, as well as directly through the social media platforms themselves (“HTS Social Media”). These social media platforms may have their own policies and procedures that govern your use. To the extent that a social media platform does not have its own policies and procedures in place or the policies and procedures do not address topics covered under these Terms, the Terms shall govern your use of all HTS Social Media. Without limiting the foregoing, uploading, publishing, posting or displaying the following is expressly prohibited on all HTS Social Media:
- Unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, material that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Flame messages, spam and trolling;
- Political or religious discourse;
- Intentionally false or misleading statements;
- An offer to sell or buy any product or service;
- Material that infringes on a third party’s intellectual property rights, including copyright, trademark and other proprietary rights;
- Any content that contains in any form software viruses or such files or programs designed to interrupt, destroy or limit the functionality of the HTS Services or damage any computer software or hardware or telecommunications equipment;
- Information that you know to be confidential or sensitive or otherwise in breach of the law; and
- Comments that are intended to or have the appearance of being intended to intimidate HTS employees.
HTS reserves the right, but does not have the obligation, to monitor HTS Social Media and delete any postings that violate the permitted uses of HTS Social Media as described herein.
HTS’s use of social media does not confer and should not be construed to confer, by implication, estoppel or otherwise, any license or right under any copyright, trademark or other proprietary right to any material whatsoever that is owned or licensed by HTS.
7. User Submitted Content
You are solely responsible for your conduct, and for any messages, notes, data, text, information, graphics, photos, audio and video clips, advertisements, listings, links and other content, in any form (“User Submitted Content”) that you submit, upload, publish, post or display on or through the HTS Services. You may not post, transmit or share User Submitted Content on the HTS Services that you did not create or that you do not have permission to post. While HTS has the right to monitor activity and content associated with the HTS Services, and may choose to prescreen User Submitted Content, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that HTS may use certain automated filters and other tools to block spam and to categorize and arrange User Submitted Content on the HTS Services. We may, but will have no obligation to, remove or limit access to User Submitted Content originating from any User we believe in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does HTS have any obligation to verify the accuracy, timeliness or truthfulness of any User Submitted Content, nor to monitor any User on the HTS Site. You are responsible at your sole cost and expense for creating backup copies and replacing any User Submitted Content that you post or store on the HTS Services.
Under no circumstances will HTS be liable in any way for any User Submitted Content, including but not limited to errors or omissions in any User Submitted Content, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any User Submitted Content posted, emailed, transmitted or otherwise made available via the HTS Services.
You understand that HTS cannot and does not guarantee the identity of any other User with whom you interact in the course of using the HTS Services. Additionally, we cannot and do not guarantee the authenticity of any data or information that Users may provide about themselves or any other User Submitted Content that is posted or otherwise made available on the HTS Services. You agree that you must evaluate, investigate and bare all risks associated with the use of any User Submitted Content, including reliance on the accuracy, completeness or integrity of such User Submitted Content.
8. Modification or Termination
HTS reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the HTS Services (in whole or in part) with or without notice to you.
HTS may terminate your account and may suspend or remove you from the HTS Services without prior notice for any reason or no reason at our sole discretion. You agree that HTS will not be liable to you or any third party for any modification, suspension or discontinuance of the HTS Services.
By accepting these Terms, you agree to indemnify and otherwise hold harmless HTS, its directors, officers, employees, agents, independent contractors, subsidiaries, affiliates and other partners from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) in connection with: (a) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (b) your use of and access to the HTS Site; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. HTS reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with HTS in the defense of any such claim, action, settlement or compromise negotiations, as requested by HTS.
Any new feature, tool or information added to or that enhances the HTS Services will automatically become part of the HTS Services and will be subject to these Terms. In using the HTS Services, you acknowledge and agree that the HTS Services may also include third party advertisements and marketing tools. While HTS makes a reasonable effort to provide accurate and useful information to its Users, HTS makes no warranties, representations or guaranties as to the accuracy, completeness or quality of any information on the HTS Site or available through the HTS Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE HTS SERVICES IS AT YOUR OWN RISK AND THAT THE HTS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. HTS AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, INDEPENDENT CONTRACTORS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE HTS SERVICES (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE HTS SERVICES. THE HTS SERVICES MAY INCLUDE INCORRECT OR INACCURATE MATERIALS, WHETHER POSTED BY HTS, ITS USERS, OR RESULTING FROM ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE HTS SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE OF THE HTS SITE AND THE HTS SERVICES, AND ANY MATERIALS OR SERVICES AVAILABLE OR OFFERED AT OR THROUGH THE HTS SERVICES.
THE RELEASED PARTIES MAKE NO WARRANTY THAT (a) THE HTS SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE HTS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE HTS SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE HTS SITE WILL MEET YOUR EXPECTATIONS, (e) THE HTS SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (f) ANY ERRORS IN THE HTS SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HTS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE 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.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HTS OR THROUGH OR FROM THE HTS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE HTS SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Limitations on Liability
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE HTS SERVICES OR YOUR ACCESS, USE OR INABILITY TO USE THE HTS SITE; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE HTS SERVICES); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE HTS SERVICES; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE HTS SERVICES BY ANY THIRD PARTY.
HTS RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE HTS SERVICES OR THE CONTENT ON THE HTS SITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE HTS SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE HTS SERVICES AND THE HTS SITE.
NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL HTS’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE HTS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED $100 US DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Contact for Alleged Copyright Infringement
If you believe that your work has been copied and posted on the HTS Site or through the HTS Services in a way that constitutes copyright infringement, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, 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 is infringing is located on the HTS Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Repeat infringers will have their User accounts terminated and may face legal action.
The HTS Copyright Agent for notice of claims of copyright infringement can be reached at:
One Liberty Place
1650 Market Street, 36th Floor
Philadelphia, PA 19103
Upon receipt of notice as described above, HTS will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the HTS Site, in accordance with applicable law.
13. Children Under the Age of 13
The HTS Services are not directed at children. Children under the age of 13 should not attempt to use or access HTS Services.
15. Applicable Laws
The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of HTS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third party beneficiaries to this agreement.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the HTS Site.
We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void. You further understand and agree that your User account is non-transferable by you and any rights to your password or other contents of your User account terminate upon your death.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the HTS Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. Changes to the Terms
We reserve the right to update or modify these Terms at any time and without prior notice, by posting the revised version of the Terms on the HTS Site.
18. Contact Us
Please send any questions, concerns or comments, or report violations of the Terms to us at email@example.com.