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Terms and Conditions of Use and Privacy Policy
These Terms
and Conditions of Use and Privacy Policy (the "Terms and Conditions")
were last updated on 31 May, 2003
Welcome to HOON.TK, which is published by Dion Newcomb and Associates. As
used in these Terms and Conditions, the term "Web site" refers to the
Web site located at www.hoon.tk as well as online services that
include, but are not limited to, our E-mail newsletters, our pictures,
our archives, our movies, and our online discussion forums. HOON.TK does
not control, and is not responsible for, any third-party site to which
the Web site links.
You agree that your use of the Web site is subject to the following
Terms and Conditions. These Terms and Conditions may be modified at any
time and from time to time; the date of the most recent changes or
revisions will appear on this page. Continued access to the Web site by
you will constitute your acceptance of any changes or revisions to the
Agreement. If you do not agree with the Terms and Conditions, please
do not use this Web site.
The materials contained on the Web site are provided by HOON.TK as a
service to you for your noncommercial, personal use on an "as is, as
available" basis and may be used by you for information purposes only.
You acknowledge that you are using the Web site at your own risk.
HOON.TK assumes no responsibility for error or omissions in these
materials. HOON.TK makes no commitment to update the information
contained herein. HOON.TK makes no, and expressly disclaims any and all,
representations or warranties, express or implied, regarding the HOON.TK
Web site, including without limitation the accuracy, completeness, or
reliability of text, graphics, links, products and services, and other
items accessed from or via the Web site, or that the Web site will be
uninterrupted, error-free, or free of viruses or other harmful
components. No advice or information given by HOON.TK or any other party
on the Web site shall create any warranty or liability.
HOON.TK does not warrant or make any representations regarding the
use or the results of the use of the materials at the Web site in terms
of their correctness, accuracy, timeliness, reliability, or otherwise.
Under no circumstances shall HOON.TK or any of its parents,
subsidiaries, affiliates, or their respective partners, officers,
directors, employees, or agents be held liable for any damages, whether
direct, incidental, indirect, special, or consequential, and including,
without limitation, lost revenues or lost profits, arising from or in
connection with your use, reliance on, or performance of the information
on the Web site.
HOON.TK periodically schedules system downtime for maintenance and
other purposes. Unplanned outages also may occur. HOON.TK shall have no
liability for the resulting unavailability of the Web site or for any
loss of data or transactions caused by planned or unplanned system
outages, or any outages of webhost providers or the Internet
infrastructure and network external to the Web site.
Copyright
All materials published on the Web site are protected by copyright
laws, and may not be reproduced, republished, distributed, transmitted,
resold, displayed, broadcast, or otherwise exploited in any manner
without the express written permission of either HOON.TK or, in the
case of content licensed by HOON.TK from third parties, the entity
that is credited as the copyright holder of such licensed content. You
may download freely accessible material (one copy per page) from this
Web site for your personal and noncommercial use only, without altering
or removing any trademark, copyright, or other notice from such
material.
In the event you believe that any content posted on the Web site
infringes your copyright or other intellectual-property rights, you may
notify HOON.TK by providing the information required by the Online
Copyright Infringement Liability Limitation Action of the Digital
Millennium Copyright Act, 17 U.S.C. 512, to HOON.TKs webmaster:
E-mail: webmaster@hoon.tk
User Generated Content
HOON.TK, through its forums, provides users an opportunity to post
content to the Web site. HOON.TK does not necessarily endorse, support,
sanction, encourage, or agree with content posted by users. You shall
not post or transmit any unlawful threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate and local,
state, national, or international law, or infringe upon another's
copyright or trademark. You understand that all information, data, text,
software, music, sound, photographs, video, messages, or other materials
posted or transmitted in a HOON.TK forum, whether publicly posted or
privately transmitted, is the sole responsibility of the person from
whom such content originated. This means that you, and not HOON.TK, are
entirely and solely responsible for all content that you upload, post,
or otherwise transmit via the Web site. HOON.TK does not and cannot
review the content posted by users and is not responsible for such
content. However, HOON.TK shall have the right, but not the obligation,
to delete, move, or edit any content that violates this agreement or is
otherwise objectionable as determined by HOON.TK in its sole discretion
and without notice.
If you upload, post, or otherwise transmit content to the Web site,
you acknowledge that any such submissions may be edited, removed,
modified, published, transmitted, and displayed by HOON.TK in any medium
now existing or hereinafter invented, and for any purpose, including
commercial uses. You waive any moral rights you may have in having the
material edited, removed, modified, published, transmitted, or displayed
in a manner not agreeable to you.
You agree to indemnify HOON.TK and its parents, subsidiaries, and
affiliates, and each of their respective partners, officers, directors,
employees, and agents, against, and to hold each of them harmless from,
any and all claims and liabilities (including attorney's fees) that may
arise from your submissions, from your unauthorized use of material
obtained from the Web site, from your breach of these Terms and
Conditions, and from any such acts arising through your use of the Web
site.
Featured Services
HOON.TK is committed to providing visitors to its site with as many
features as possible. The companies that HOON.TK selects as featured
services providers offer products and services that site visitors may
find useful. HOON.TK in certain cases may have a business relationship
with certain third parties that it selects as a featured service
providers. HOON.TK is not responsible for the accuracy or reliability of
any advice or information given, or of any statement made, by the
companies providing featured services, or for the content, services,
products, or advertising on or available from their Web sites, or for
the availability and operations of their Web sites.
Jurisdiction
You agree that any claim, action, or proceeding arising out of these
Terms and Conditions, or your use of the Web site, shall be governed by
and construed in accordance with the laws of Queensland, Australia
applicable to contracts to be wholly performed therein, and any action
based on or alleging a breach of this Agreement must be brought in a
state or federal court in Queensland. In addition, you agree to submit
to the personal jurisdiction of such courts.
Privacy Policy
This privacy policy applies to the Web site only and does not cover
information collected on any third-party sites to which this Web site
links. This privacy policy is part of, and must be read in conjunction
with, the Web site's Terms and Conditions. You can read the entire Terms
and Conditions by either scrolling up to the top of this Web page or by
clicking here. If you do not agree with the Terms
and Conditions in their entirety, please do not use this Web site.
Web Site Users
HOON.TK generally collects personally identifiable information such
as a name, postal address, E-mail address, telephone number, or credit
card information with your specific knowledge and consent.
How does the Web site use information supplied by me?
Occasionally, visitors to our Web site may be asked to supply certain
personally identifying information, which is then retained by HOON.TK.
For example, we ask you for certain information if you choose to
subscribe to our E-mail newsletters or our
online discussion forums. If you choose to give us personally
identifying information at such time, such information will be retained
by us and used only to provide you with products or services you have
requested, or with additional information from HOON.TK about HOON.TK, its affiliates, or selected outside companies whose products or
services we feel may be of use to you. Any information from selected
outside companies will be transmitted by HOON.TK so that such
companies will not have access either to your E-mail address or to your
other personally identifying information. Moreover, we will not sell or
rent any personally identifying information obtained through the Web
site (other than in connection with magazine subscriptions ordered, as
explained below) to any other company or organization.
If, at some point after giving HOON.TK your personally identifying
information, you do not wish to continue to receive additional
information from HOON.TK about HOON.TK, its affiliates, or selected
outside companies, in general, you may opt out by E-mailing
webmaster@hoon.tk and put
the words "remove my name" in the subject line of your E-mail; in the
case of our E-mail newsletters, you also may follow the procedures at
our E-mail newsletter registration page. If you provide identifying
information to subscribe to our magazine, either online or offline,
please read the policy pertaining to "Magazine Subscribers" below.
From time to time, the personally identifying information that you
provide to us may be shared with our suppliers or service providers who
assist us in maintaining and managing our newsletters, our
archives, our online discussion forums, and
other activities on the Web site. Such suppliers or service providers
may use your personally identifying information only in the course of
providing services to HOON.TK, but they may not use such information
for other purposes.
While your individual information is protected as discussed above,
HOON.TK reserves the right to use such individual information to
create aggregated, anonymous data about users in order to develop
statistics about activity on and visitors to the Web site. In addition,
HOON.TK may disclose personal information if we in good faith believe
that such action is necessary to (1) comply with the law or with legal
process; (2) protect and defend our rights and property; (3) protect
against misuse or unauthorized use of the Web site; or (4) protect the
personal safety, property, or rights of our users or the public.
What are "cookies" and how do you use them? "Cookies" are
pieces of information that are placed by a Web site in a storage place
on your computer. Cookies do not contain information that is, in itself,
personally identifying. HOON.TK places cookies on your computer in a
limited way to help deliver advertisements, to calculate unique site
visitors, and to track usage throughout our site. Other uses include
placement of cookies to make the login process more convenient for users
of our E-mail newsletters, our archives, and our online discussion forums. In addition, some advertisers
may place cookies on your computer. We do not have control over cookies
placed by advertisers.
Children's Online Privacy Protection Act
No one under the age of 13 should provide any personal information.
In general, HOON.TK does not knowingly collect personally identifiable
information from children under 13. If in limited circumstances we do
knowingly collect personally identifiable information from children
under the age of 13, we will do so only with verified parental consent
prior to collection. In the event that we learn that we have collected
information from a child under the age of 13 without verification of
parental consent, we will delete this information from our database as
quickly as possible. If you believe the Web site has any information
about anyone under 13, please contact us at
webmaster@hoon.tk.
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