User Submission Policy:
Any communication, material, chats, postings, transmissions, news, messages, photos, videos, comments, blogs or profiles ("Content") you transmit or post will be treated as non-confidential and non-proprietary by HIJINKS. User represents that he or she is the sole and exclusive owner (or the authorized agent of the entity which is the owner) of said item or idea and is at least 18 years of age. User submits his or her idea or item voluntarily and understands that this submission and its acceptance by HIJINKS does not, in whole or in part, establish or create by implication or otherwise any relationship between HIJINKS and User not expressed herein. HIJINKS, in its own judgment, may accept or reject the idea or item submitted and shall not be obligated to User in any way with respect to User's idea or item. HIJINKS may use User's idea or item in any manner which it chooses, including, but not limited to, manufacturing, developing, marketing, selling products and services, and creating, modifying, or improving the Site, and User will not be compensated for such use. In consideration of HIJINKS examining User's suggestion, User releases HIJINKS from any liability in connection with, and expressly waives, all claims of any nature whatsoever, including but not limited to those in contract or tort, arising out of any disclosure by User to HIJINKS of the idea or item or HIJINKS’ use of the idea or item.
Posting On The Site:
You represent and warrant that: (i) you own any Content posted by you on the Site or otherwise submitted to HIJINKS in connection with the Site, and (ii) posting and publishing any such Content on or in connection with the Site does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any Content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violate any law or obligation of confidentiality. HIJINKS may screen or monitor submitted Content for legal or other purposes, though it has no obligation to do so. HIJINKS assumes no and disclaims all responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. HIJINKS reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability.
The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, the "Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of HIJINKS. Accordingly, none of the Intellectual Property on the HIJINKS Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of HIJINKS, which permission may be withheld in its sole and absolute discretion.
Disclaimer of Liability:
HIJINKS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED WITHIN THIS SITE. FURTHER, HIJINKS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. HIJINKS PROVIDES ITS PRODUCTS AND SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS USE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
YOU AGREE THAT HIJINKS SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY UNAUTHORIZED: (1) ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (2) MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED; AND (3) TRANSACTIONS ENTERED INTO THROUGH HIJINKS.
YOU AGREE TO INDEMNIFY AND HOLD HIJINKS HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGE, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ASSERTED BY ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OR CONDUCT ON THE HIJINKS SITE.
TO THE EXTENT THAT THE LAW IN THE RELEVANT JURISDICTION PROVIDES, IN NO EVENT SHALL HIJINKS BE LIABLE FOR ANY DIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT ARISE, INCLUDING BUT NOT LIMITED TO THOSE CLAIMS ARISING AS A RESULT OF: LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES; THE PROVISION OR FAILURE TO PROVIDE SERVICES OR; DIRECT, CONTRIBUTORY OR VICARIOUS LIABILITY FOR INFRINGEMENT, MISAPPROPRIATION, OR BREACH RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
Links to Third Party Sites:
HIJINKS may provide User with links to other websites. These third party sites are not under the control of HIJINKS and User acknowledges that HIJINKS is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that HIJINKS shall not be liable for any loss or damage of any sort incurred as the result of using any third party's website.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in Orange County, California, and each User hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any other remaining provisions shall not be affected. Any rights not expressly granted herein are reserved.