Terms and Conditions of Service
These hulkshare Terms and Conditions of Service (these "Terms and Conditions") describes the terms and conditions on which hulkshare ("we" or "our company") offer services to you ("Customer" or "You"). By registering for or using hulkshare services, Customer agrees to be bound by the following terms and conditions.
Eligibility for hulkshare Services
Hulkshare services are available only to individuals over thirteen years of age who are legally eligible to enter into binding contracts, and businesses that it are duly licensed to do business and is in good legal standing in the jurisdictions in which they do business (during the term of these Terms and Conditions) that it is not a competitor of hulkshare.
Subject to the terms and conditions of these Terms and Conditions, hulkshare makes certain Services available to Customer. For the purposes of these Terms and Conditions: (a) "Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) "Services" means those electronic or interactive services offered by hulkshare. hulkshare reserves the right to change or discontinue any of the Services at any time.
You may upload through the Services, Content created by you or for which you have received express permission from the owner (“Content”) so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to hulkshare and its successors, assigns and licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, and archive (if applicable) the Content.
You, not hulkshare, are solely responsible for the Content you upload and store on hulkshare servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that hulkshare reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates these Terms and Conditions, its Intellectual Property Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.
You acknowledge that all materials (except Content uploaded by users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, software and services (collectively "Materials"), are provided either by hulkshare or by its respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by hulkshare and/or its Third Party Providers. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. hulkshare, the hulkshare logo and other hulkshare designs referenced herein are trademarks of hulkshare, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols may be the trademarks of their respective owners.
Customer represents and warrants that the information it provides to hulkshare is true, accurate, current and complete. Customer agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by Customer is untrue, inaccurate, not current or incomplete, hulkshare will have the right to suspend or terminate Customer's account and these Terms and Conditions.
Customer may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for Customer. Furthermore, Customer represents and warrants that each person who registers under Customer's account is an authorized agent of Customer (an "Authorized User") who has such legal capacity.
Responsibility for Access
Customer is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) under Customer's account, unless such access to or use of the Services is the direct result solely of the gross negligence of hulkshare. Customer is solely responsible for maintaining the confidentiality of Customer access information.
Notification of Breach
Customer will immediately notify hulkshare if Customer notices any activity indicating that Customer's account or data is being used without authorization, including: (a) Customer has received confirmation of an order or orders placed using Customer's account which Customer did not place or any similar conflicting report; or (b) Customer becomes aware of any unauthorized use of any product or service related to its account(s).
Customer has sole responsibility and liability for the Content its stores on hulkshare's servers. Through the Services, hulkshare generates a link to Customer’s Content, which Customer may then provide to third parties to allow them access to the Content. hulkshare encourages Customer to archive its Content regularly and frequently; Customer bears full responsibility for archiving its Content and sole liability for any lost or irrecoverable Content. Customer agrees to maintain its Content in compliance with its legal obligations. hulkshare will disable access to Customer Content upon termination of these Terms and Conditions. However, hulkshare may retain Customer data in its archives after termination and will not be liable to Customer in any way for such retained data.
Acceptable Use Policy; Prohibited Activities
You may NOT use hulkshare's Service to:
- upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death or other illegal acts; if serious enough, the Content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
- harm minors in any way, this includes all and any form of child pornography; users involved will be permanently removed from the service, the Content will be reported to the appropriate legal authority and/or the member's ISP will be contacted without notice or delay;
- upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload any Content related to violence, scat or any other illegal Content. Uploading any of listed above files will get your account closed;
- upload any Content that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, pornography, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation;
- upload any Content, or commit any act which justifies civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress; or
- impersonate another living person.
Access and Interference
Violations or attempts to violate hulkshare systems or to interrupt the Services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:(a) Unauthorized access to or use of hulkshare Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of hulkshare; or (b) Interference with service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on hulkshare's infrastructure. Customer shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services. Customer shall not misuse system resources including, but not limited to, employing Content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to Content hosted on hulkshare servers. Copyright or Trademark Infringement
Hulkshare Services may be used only for lawful purposes. Hulkshare complies with the Digital Millennium Copyright Act with respect to Content alleged to infringe the copyright of a third party, details of that policy can be found here. As part of Hulkshare's copyright policy, Hulkshare will terminate Customer’s access to the Website if Customer has been determined to be a repeat infringer.
By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted Content and you further represent and warrant that no Content violates the trademark or copyrights of any third party. hulkshare reserves the right to suspend or terminate a Customer's transmission(s) that, in hulkshare's discretion, violates these policies or violates any law or regulation.
You acknowledge and agree that you are solely responsible for the Content that you upload, store or share with others using the Service, and for the consequences of uploading, storing or sharing any Content. You agree that you will not use the Service to upload, store, or share Content that you did not create or that you do not have permission to upload, store, and share.
Whether lawful or unlawful, hulkshare reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet. hulkshare reserves the right to cancel any account or transmission hulkshare finds to be in violation of any these Terms and Conditions. If appropriate, hulkshare will refer complaints to law enforcement authorities, and in such case, hulkshare will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer accounts and data information in accordance with applicable law.
Reporting Violations: Complaints about violators of these Terms and Conditions should be sent via email to firstname.lastname@example.org, except for DMCA notices, please refer to the info & link above for our DMCA procedures.
You expressly understand and agree that: (a) your use of the Service is at your sole risk. hulkshare Services are provided on an "as is" and "as available" basis. hulkshare and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. hulkshare and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or Content; (b) hulkshare makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and 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; (d) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
hulkshare does not promise that Content you upload, store, or share using the Service will be maintained by hulkshare. You are solely responsible for creating backup copies of and replacing any and all Content, at your own cost and expense. You agree that hulkshare has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content. hulkshare retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
hulkshare will not routinely screen, monitor, review or revise Content uploaded, stored, or shared using the Service. However, hulkshare may review any such Content and hulkshare reserves the right to refuse to accept, store, or permit the sharing of any Content, to remove any Content from the Service, and to prevent the uploading, storage, or sharing of any Content. hulkshare does not endorse or support any Content. hulkshare does not guarantee the accuracy or reliability of any Content. hulkshare does not guarantee that Content does not infringe third party rights, including intellectual property rights. hulkshare does not guarantee that Content will not be harmful or offensive. hulkshare does not guarantee that Content will comply with these Terms of Service. You acknowledge that any use of or reliance on Content obtained through the Service will be at your own risk. If you become aware of any Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform hulkshare.
hulkshare permits the uploading of Content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads are published and/or uploaded, hulkshare does not guarantee any confidentiality with respect to any uploads.
hulkshare provides its website as a service to its users. However, hulkshare assumes no responsibility whatsoever for monitoring the hulkshare Services for inappropriate Content or conduct. hulkshare assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the User uploads of any such Content. hulkshare may review and delete any User uploads that, in its sole judgment, violates these Terms and Conditions or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
You agree to defend, indemnify and hold harmless hulkshare, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of these Terms and Conditions or other hulkshare policies.
Limitation of Liability
Your use of hulkshare is at your own risk. If you are dissatisfied with any aspect of our Service or with these Terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service and receive a refund of the unused portion of any fees you paid hulkshare. You expressly understand and agree that hulkshare shall not be liable for any indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if hulkshare has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
Modifications to Agreements, Policies or to our Services
Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. hulkshare may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. As such, we reserve the right to change these terms and conditions at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on hulkshare's servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that hulkshare may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription.
Without limiting other remedies, hulkshare may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Customer) either temporarily or indefinitely, or terminate Customer's account and refuse to provide Services to Customer if: (a) hulkshare believes that Customer has violated or acted inconsistently with these Terms and Conditions, or any of our policies; or (b) Customer has failed to pay fees or other payments due to hulkshare; or (c) hulkshare is unable to verify or authenticate any information Customer provides to hulkshare; or (d) hulkshare believes that Customer's actions may cause legal liability for Customer, hulkshare's other clients, or hulkshare. hulkshare may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms and Conditions may be effected without prior notice and acknowledge and agree that hulkshare may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that hulkshare shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination of these Terms and Conditions by either Customer or hulkshare, all of Customer rights under these Terms and Conditions, and hulkshare's provision of Services, will terminate immediately.
The Sections 6 ("Customer Data"), 9 ("No Warranty"), 10 ("Indemnity"), 11 ("Limitation of Liability") and this Section 13 will survive any termination of these Terms and Conditionsthese Terms and Conditions
By having an active status account on hulkshare you agree to receive update &/or notification emails from us if we deem it necessary.
You agree to defend, indemnify and hold harmless hulkshare, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of this Agreement or other hulkshare policies, terms and conditions.
These terms and conditions will be governed by and construed in accordance with the Laws of State of Texas and the laws of the United States. Any legal action or proceeding relating to or arising out of these Terms and Conditions or your use of the Website must be brought in Hong Kong and you submit to the venue and personal jurisdiction of any court of competent jurisdiction there. If any provision of these Terms and Conditions are held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. hulkshare's failure to act with respect to a breach by Customer or others does not waive hulkshare's right to act with respect to subsequent or similar breaches. No action by Customer arising under these Terms and Conditions may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
Customer and hulkshare are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions
hulkshare Confidential Information
You represent and warrant to hulkshare that (a) you are not a competitor of hulkshare, (b) you shall keep non-public information and materials pertaining to hulkshare, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the hulkshare Website or use of the hulkshare Services to compete with hulkshare in its business.
Except for other agreements or terms appearing on the Web site, these Terms and Conditions sets forth the entire understanding and agreement between hulkshare and Customer with respect to the subject matter hereof.
Any questions relating to our Legal Agreements and Policies may be directed to email@example.com