1. ACKNOWLEDGMENTS AND ACCEPTANCE OF TERMS OF SERVICE
The Lookscool.com Web Identity Service, Subdomain Service,
Email Service, and Online Tools Service (the "Service"), owned and
operated by Hitstation Communication Inc, are provided to you
("Member") under the terms and conditions of this Hitstation Terms of
Service and any amendments thereto and any operating rules or policies (the
"HTS") that may be published from time to time by Hitstation. The HTS comprises the entire agreement
between Member and Hitstation and supersedes any prior agreements pertaining to
the subject matter contained herein.
2. DESCRIPTION OF SERVICE
Hitstation is providing Member with the capability to use a
uniform resource locator ("URL") via World Wide Web, to send and
receive electronic mail ("email") via the World Wide Web, and to use
Online Tools provided by Lookscool.com including but not limited to, Guestbook,
Discussion Forum, Online Photo Album, Mailing List, Web Page Builder and
Counter, on Hitstation's own system. Hitstation will not charge membership fee
for these services. Member must: (1) provide all equipments, including a
computer and modem, necessary to establish a connection to the World Wide Web;
(2) provide for own access to the World Wide Web and pay any telephone service
fees associated with such access.
In consideration for this Service, Member agrees to: (1)
provide certain current, complete, and accurate information about Member as
prompted to do so by the Service and (2) maintain and update this information
as required to keep it current, complete and accurate. All information
requested on original sign up shall be referred to as registration data
("Registration Data"). Furthermore, Member grants Hitstation the
right to disclose to third parties certain Registration Data about Member and
Service membership in the aggregate; however, such disclosures will exclude
Member's name, mailing address, email address, account and phone number,
unless: (1) Member expressly directs Hitstation, or any other person Member may
specifically designate to disclose such information through the Service as
provided by the Service or (2) Hitstation is required to disclose such
information by any applicable law or legal process served on Hitstation.
If any information provided by Member is inaccurate,
Hitstation retains the right to terminate Member's membership and rights to use
the Service.
Members accept that the email account provided by Service is
subject to solicitation by advertisers.
3. MODIFICATIONS TO TERMS OF SERVICE
Hitstation may change the terms and conditions of the HTS
from time to time. Upon any change in the terms and conditions of the HTS,
Hitstation will notify you by posting the changes in the Hitstation Terms of
Service (HTS).
Member's continued use of the Service constitutes an
affirmative: (1) acknowledgment by Member of the HTS and its modifications; and
(2) agreement by Member to abide and be bound by the HTS and its modifications.
4. MODIFICATIONS TO SERVICE
Hitstation reserves the right to modify or discontinue the
Service with or without notice to Member.
Hitstation shall not be liable to Member or any third party
should Hitstation exercise its right to modify or discontinue the Service.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a
password and an account. You are entirely responsible if you do not maintain
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities, which occur under your account. You may
change your password at any time by following instructions.
Member agrees to immediately notify Hitstation of any
unauthorized use of Member's account or any other breach of security known to
Member.
6. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
HITSTATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
HITSTATION MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES HITSTATION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
HITSTATION MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY MEMBER FROM HITSTATION OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
HITSTATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF HITSTATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
8. NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member agrees not to resell or make any commercial use of
the Service, without the express consent of Hitstation.
9. MEMBER CONDUCT
Member is
solely responsible for the contents of his/her web contents it might redirect
to. Hitstation is not responsible for any content of any page it might redirect
to or for any information entered by a user in its database. Member may not create
any redirectors to pages that contain illegal material, or violating the
Internet regulations, policies and procedures.
Member is solely responsible for the contents of his or her
transmissions through the Service.
Member's use of the Service is subject to all applicable
local, state, province, national and international laws and regulations.
Member agrees: (1) to comply with US/Canada law regarding
the transmission of technical data exported from the United States and Canada
through the Service; (2) not to use the Service for illegal purposes; (3) not
to interfere or disrupt networks connected to the Service; and (4) to comply
with all regulations, policies and procedures of networks connected to the
Service.
Member agrees not to transmit through the Service any
unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature. Member further
agrees not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation. Attempts to gain unauthorized access to other computer systems are
prohibited.
Member shall not interfere with another Member's use and
enjoyment of the Service or another entity's use and enjoyment of similar
services.
Hitstation may, at its sole discretion, immediately
terminate Service should Member's conduct fail to conform to these terms and
conditions of the HTS.
10. DISPUTE
Hitstation
registers the sub-domain name on a "first come, first served" basis.
The entity applying for a sub-domain name, Member is solely responsible for
selecting its own sub-domain name and maintaining for the continued accuracy of
the registration record. Member, by completing and submitting this Registration
Agreement, represents that the statements in its application are true and that
the registration of the selected sub-domain name, to the best of Member's
knowledge, does not interfere with or infringe upon the rights of any third
party. Member also represents that the sub-domain name is not being registered
for any unlawful purpose. Member agrees that, if the registration of its
sub-domain name is challenged by any third party, Hitstation may immediately
cancel its sub-domain name and suspend the use of the Hitstation's Sub-Domain
Service. Hitstation shall not be liable for the dispute between Member and the
third party.
11. INDEMNIFICATION
Member agrees to indemnify and hold Hitstation, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Member's use of the Service, the violation of this HTS by
Member, or the infringement by Member, or other user of the Service using
Member's computer, of any intellectual property or other right of any person or
entity.
12. RIGHT OF REFUSAL
If a redirect web site does not receive any hit for 1 month
or always under construction, your registered sub-domain name will be removed
from Hitstation Sub-Domain system. If any information provided by Member is
inaccurate, Hitstation retains the right to terminate Member's membership and
rights to use the service. Hitstation, in its sole discretion, reserves the
right to refuse to register or to delete the sub-domain name from any Member
for no reason.
13. TERMINATION
User agrees that Hitstation may terminate User's password,
account or use of the Service if Hitstation believes (a) that User has violated
or acted inconsistently with the letter or spirit of the HTS, or (b) that User
has violated the rights of Hitstation or other Users or parties. User further
agrees that Hitstation may terminate User's password, account or use of the
Service if User's redirect web site does not receive any hit for 1 month or
always under construction.
Upon termination of the Service, Member's right to use the
Service and Software immediately ceases. Member shall have no right and
Hitstation will have no obligation thereafter to redirect any web site request
to Member's web site or any third party.
14. NOTICE
All notices to a party shall be in writing and shall be made
either via email or conventional mail. Hitstation may broadcast notices or
messages to inform Member of changes to the HTS, the Service, or other matters
of importance; such broadcasts shall constitute notice to Member.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in
promotions of the Advertisers showing their products on the Service. Any such
correspondence or promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions, are solely
between the corresponding Member and the Advertiser. Hitstation assumes no
liability, obligation or responsibility for any part of any such correspondence
or promotion.
16. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited
to text, software, music, sound, photographs, video, graphics or other material
contained in either sponsor advertisements or email-distributed, commercially
produced information presented to Member by the Service ("Content")
by Hitstation or Hitstation's Advertisers, is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws; therefore,
Member is only permitted to use this Content as expressly authorized by the
Service or the Advertiser. Member may not copy, reproduce, distribute, or
create derivative works from this Content without expressly being authorized to
do so by the Service or the Advertiser.
17. LAWS
The HTS shall be governed by and construed in accordance
with the laws of the province of British Columbia, Canada, excluding its
conflict of law provisions.
Member and Hitstation agree to submit to the exclusive
jurisdiction of the courts of the province of British Columbia, Canada.
If any provision(s) of the HTS is held by a court of
competent jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect.
Hitstation's failure to exercise or enforce any right or
provision of the HTS shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Hitstation in writing.
Member and Hitstation agree that any cause of action arising
out of or related to this Service must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the HTS are solely used for the convenience of the parties and have no legal or contractual significance.