Hubski may transfer, sell, or share its assets, in part or in entirety, which includes all stored information. This may occur as a result of an acquisition, a merger, or a restructuring or sale, or in the event of liquidation. Users will be made aware of any such transfer.
Hubski Terms of Service
The Hubski Terms of Service ("Terms") concern and govern your access to and use of Hubski's websites and services ("Services"), and any information, images, or materials uploaded, downloaded, or appearing on the Services (all referred to as "Content"). Your access to and use of Hubski's Services is conditioned on your acceptance of and compliance with these Terms. You must first agree to the Terms in order to use the Services. Please do not use the Services if you do not accept the Terms. Use of the Services indicates you accept the Terms. Hubski is not liable for any harm to your computer, property, or data, or any other harm that results from your use of the Services, or Content. Hubski reserves the right to determine whether Content user activity violates these Terms of Service for reasons other than copyright infringement. Hubski may modify Content to adapt it to requirements of our services. We may remove Content and/or terminate a user account for violation of these Terms of Service at any time and at our sole discretion.
The Hubski websites, Service and Content may contain links to third party websites that are not owned or controlled by Hubski. We have no control over and assume no responsibility for the content or practices of third party websites. You acknowledge and affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms and comply with these Terms of Service. Hubski is not intended for use by individuals under age 13. All of the Services may include advertisements. By agreeing to the Terms, you acknowledge that Hubski and its third party partners may place advertising on the Services and within or attached to Content, including Content you provide.
You are responsible for safeguarding all passwords that you use to access Hubski and the Service. Hubski is not liable for any loss or damage that results from a compromised password. You are solely responsible for your use of the Services, and for any consequences resulting from Content you post. By posting Content, you are granting permission to Hubski and others to access it and to use it in connection with the Services, including collaboration with third party services. By using the Services, you acknowledge and affirm that you have the full right, authority and power required to grant the rights granted herein to any Content you submit. If you do not have the right to submit Content for this use, it might subject you to liability. Your use of a license in connection with Content does not affect Hubski's right to access and use it in connection with the Services or in collaboration with third party services. Hubski is not responsible for how third parties access or use Content.
All Content you post may be able to be viewed by other users of the Services and possibly third party services. Consider all Content to be publicly available. Hubski supports and promotes the sharing, use and re-use of Content. All Content is the sole responsibility of the person who posted the Content or made it available by other means. Hubski does not scrutinize, manage, or control Content. You own your Content, and you retain your rights to all Content you make available to the Services. However, by making Content available to the Services, you grant Hubski a non-exclusive, worldwide royalty-free license to use, copy, display, process, modify, publish, broadcast, transmit, exhibit such Content in any and all media, and to distribute it by all distribution methods. If you find Hubski Content to be in any way objectionable, you agree that your only recourse is to stop using the Service. By using the Service, you agree not to make available Content that: is threatening, unlawful, abusive, harmful, harassing, or libelous; is harmful to minors; falsely impersonates a person or entity; falsely misrepresents your affiliation with a person or entity; allows use of the Services by others in a way that violates these Terms; infringes patent, trademark, copyright or other proprietary rights of any party; makes available Content that you do not have a right to make available due to contractual or fiduciary relationships; includes identifying or personal information about another person without that person's explicit permission.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing: 1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3) 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 the service provider to locate the material; 4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 5) A statement that you have 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 6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IN NO EVENT SHALL HUBSKI AND ITS OFFICERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHATSOEVER INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR PERSONAL INJURY OR PROPERTY DAMAGE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES,
INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES (IV) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; AND (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HUBSKI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HUBSKI SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT YOUR USE OF THE HUBSKI WEBSITES AND SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HUBSKI, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HUBSKI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES' OR SERVICES CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE OR SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, CONTENT OR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HUBSKI WEBSITE OR SERVICE. HUBSKI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HUBSKI WEBSITE, CONTENT, OR SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND HUBSKI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Effective Date: September 27, 2011.
Basically, the reason any of this crap exists is because people can be uncool. We will do our best to be cool. We hope you do too.