1.1 This Agreement governs your use of the HKSS.com Service (the "Service"), including the interactive community areas (the "Interactive Areas".)
1.2 HKSS.com reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time with or without notice, and any changes will become effective immediately upon being posted unless we tell you otherwise. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by HKSS.com as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Service and the Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the Service contains information, design, software, photographs, audio and video clips, graphics, links, and other material (collectively, the "Content") that are protected by copyright, trademark, or other proprietary rights of HKSS.com or third parties. All Content on the Service is copyrighted as a collective work of HKSS.com pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use. However, whenever Content is published in print, online, or any other type of media, whether for non-commercial or commercial use (with proper authorization by HKSS.com), proper credit and a link back to this site must be provided.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and or copyright. Subject to the provisions of this Agreement, you may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner, and Content in the public domain. You assume all right and responsibility for determining whether any Content is in the public domain. You grant to HKSS.com the right to edit, copy, publish, distribute, translate, and otherwise use in any medium and for any purpose any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.3 You may download or copy the Content only for your own personal use, provided that you maintain and include all copyright and other notices contained in such Content. You also shall provide a link back to this site whenever any Content is published in print, online, or any other type of media. You shall not store electronically any significant portion of any Content. Except as expressly permitted by copyright laws, no copying, storage, redistribution, or publication of any Content is permitted without the express permission of HKSS.com or the owners of such Content or their authorized persons if other than HKSS.com. You may download from the Service any Content in the public domain for your own, personal use or for non-commercial distribution.
3. Rules of Conduct.
3.1 You shall not post on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity, or (d) otherwise violates any applicable law or reputation. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive services unless expressly permitted in writing by HKSS.com.
3.3 Unauthorized access to our site(s) is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by HKSS.com for use in accessing our sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our site(s) except those automated means that we have approved in advance and in writing.
4. Managing Content.
HKSS.com does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, HKSS.com reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. HKSS.com shall have the right but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement
5.1 HKSS.com does not represent or endorse the accuracy or reliability of any Content, including Content posted on any Interactive Area. You acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users, moderators, or volunteers are the views of those posting the statement, and do not represent the views of HKSS.com or our advertisers or sponsors.
5.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that HKSS.com is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend, and hold HKSS.com and its affiliates, and their respective owner(s), agents, volunteers, information providers, and licensors (collectively, the "HKSS.com Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any HKSS.com Party in connection with any use or alleged use of the Service under your user name by any person, whether or not authorized by you. HKSS.com reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with HKSS.com's defense of such claim.
7. Termination of Service.
HKSS.com reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service, including the Interactive Areas, at any time for any reason without prior notice or liability. HKSS.com may change, suspend, or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER HKSS.COM NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES HKSS.COM, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER HKSS.COM, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER HKSS.COM NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER HKSS.COM, ANY THIRD PARTY CONTENT PROVIDER, NOR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME U.S. STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF HKSS.COM, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9.1 This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Orange County, California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.
9.2 If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Updated: May 2006
Yesterday is history, tomorrow is a mystery, but today is a gift. That is why it is called the present. --Unknown (Featured in: Kung Fu Panda)
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