Terms of use
HYPWATCH COMMUNITY GUIDELINES
AND TERMS OF USE
PART A: COMMUNITY GUIDELINES
Hypwatch is a free, volunteer run site, created and maintained for the fun and enjoyment of those interested in hypnosis. The site depends on the cooperation and good will of all of its Members and relies on those members to create a safe, supportive environment for everyone.
To ensure this site stays a safe and supportive place for all, we have a few Community Guidelines (“Community Guidelines”) listed below. These Community Guidelines should be read in conjuction with our Terms of Use (“Terms”) listed further below.
Your continued use of Hypwatch means you have read and agreed to abide by the Community Guidelines and the Terms. Any violation of the Community Guidelines or the Terms may result in action taken against you up to and including termination of your account access.
As a member of the Hypwatch community, you agree that you will abide by the following:
TABLE OF CONTENTS:
1. CONSENT IN HYPNOSIS
2. NO HARASSMENT OR STALKING
3. NO DISCRIMINATION
4. UPLOADING AND POSTING MATERIAL
5. RESPECTING PRIVACY OF OTHER MEMBERS
6. SPAMMING AND COMMERCIAL SOLICITATION
7. CHATROOM GUIDELINES
8. STANDARDS OF CONDUCT
9. MEMBERSHIP STANDARDS
10. VIOLATIONS OF STANDARDS
CONSENT IN HYPNOSIS
1.1. Hypnotizing, or attempting to hypnotize, any other Member without his or her consent will not be tolerated.
1.2. Consent for hypnosis does not imply consent for anything and everything that might occur. Consent given for one purpose must not be exploited for something different. For example, if a person has consented to you hypnotizing them, this does not automatically mean there is consent to:
· hypnotic suggestions of a sexual nature;
· hypnotic suggestions involving nudity, or the removal of clothing;
· hypnotic suggestions involving any particular kink or fetish;
· posthypnotic suggestions and triggers;
· covert hypnotic suggestions;
· open triggers.
1.3. Stealth hypnosis is unacceptable, i.e. hypnotizing someone without his or her knowledge or consent.
1.4. You agree not to send unsolicited hypnotic scripts to other Members. See also section 4.3.
1.5. A subject under the age of 18 is not permitted on the site and is by definition, for purposes of this site, incapable of giving consent.
2. NO HARASSMENT OR STALKING
2.1. Harassment or stalking of other Members is not tolerated.
2.2. This includes, but is not limited to:
· Pestering a Member, or continuously asking for hypnosis, after the Member has said he or she is not interested;
· Repeatedly asking a Member if he or she wants to have you hypnotize them;
· If a Member tells you to leave them alone, and you do not;
· Sending a Member multiple emails within a very short period of time, and the Member asks you to stop, and you do not.
3. NO DISCRIMINATION
3.1. Hypwatch welcomes Members regardless of gender, sexuality, marital status, race, ethnicity, disability, religion or political belief. Sexism, racism and other forms of prejudice are not tolerated.
3.2. Discrimination against another Member on account of gender, sexuality, marital status, race, ethnicity, disability, religion or political belief, D/s or non D/s roles, and also switches of such roles is not allowed.
3.3. It is not considered discrimination, of itself, to choose:
· only to engage in hypnosis with persons of a certain gender, sexuality, marital status, race, ethnicity, disability, religion or political belief;
· only to engage in certain forms of hypnosis with persons of a certain gender, sexuality, marital status, race, ethnicity, disability, religion or political belief;
· not to engage in hypnosis with persons of a certain gender, sexuality, marital status, race, ethnicity, disability, religion or political belief; or
· not to engage in certain forms of hypnosis with persons of a certain gender, sexuality, marital status, race, ethnicity, disability, religion or political belief.
4. UPLOADING AND POSTING MATERIAL
4.1. No hardcore pornographic material is allowed on the main feed or any public feed.
4.1.1. This includes no full nudes, or pictures of genitals, pictures with sexual acts, pictures of genitals with any type of inserted items.
4.1.2. Partial nudes, are ok….as long as they do not show a person having sex, or show genitals. “Genitals” is defined to include vagina or penis
4.1.3. You may however post nude pictures to your profile page, as long as they are set to private or only viewed by friends. This however does not include pictures of sexual acts.
4.2 Reposting of another Member’s personal photographs or personal work without his or her permission is prohibited.
4.3 Hypnotic scripts, audio files and video files
4.3.1 No script that will enslave a subject against their will or without their consent is allowed.
4.3.2 Also no scripts are allowed that will, or can cause harm to others, induce mental stress, or cause physical harm. This also includes sending random scripts via the email or IM systems. Do not do so without prior consent of the recipient.
4.3.3 If sending a script via email or IM, you must notify the recipient of the content of the script. If posting a script on the Site, you must include, in the description of the script, a short summary of its contents. This is so that the recipient, or potential readers, can make an informed decision whether or not to read the script.
4.3.4. This includes, but is not limited to, giving fair warning about any post-hypnotic suggestions, triggers, suggestions of enslavement or submission, suggestions to read the script again or anything similar in the script.
4.3.5. "Scripts" includes audio files, video files, and links to scripts, audio files and video files. "Read" includes listen to or view, and "readers" includes listeners or viewers.
4.4 Content in any form, whether pics or text or anything else, that depicts persons under the age of 18 years, or that could be reasonably construed as encouraging hypnosis of persons under the age of 18 years or any form of erotic (including but not limited to BDSM) activities with them, will not be tolerated.
4.5 Any material posted or uploaded to this Site in breach of these Community Guidelines or the Terms may be removed by the Management without notice. Any links to material in breach of these Community Guidelines or the Terms may be removed by the Management without notice.
5. RESPECTING PRIVACY OF OTHER MEMBERS
5.1 If you are told something in privacy, be respectful and do not share it with others.
5.2 If you know a Member that is having an issue, and they do not want to report it, you agree to respect their choice. “White Knighting” is not allowed.
5.3 No posting other Members personal details without their permission.
6. SPAMMING AND COMMERCIAL SOLICITATION
6.1 We encourage our more professional members to promote events, and or their services on the site. But, we ask you limit the amount of posts of this nature to a minimum.
6.2 Sending unsolicited emails or IMs to Members to visit another website, or you contact you via e-mail or some other messaging or communications service, is regarded as spamming and not tolerated.
7. CHATROOM GUIDELINES
7.1 All the other guidelines also apply in the chatroom.
7.2 Be respectful of all members
7.2.1 No text-based hypnosis (which by its nature is in front of everyone's eyes) in the main chatroom. Audio and/or video trance is permissible in the main chatroom, since Members may opt to not listen or watch, on condition that if other Members ask you to take it into a side room, you will do so.
7.2.2 No sexual acts on the video in the main chatroom or in a public (i.e. non-private) side chatroom.
7.2.3 Members will refrain from bringing up “topics of destruction” such as politics and religion in the main chatroom. Discussion about these topics between Members who are willing to engage in such discussion, and keep it respectful, is permissible in the main chatroom, on condition that if other Members ask you to take it into a side room, you will do so.
8. STANDARDS OF CONDUCT
8.1 It is unacceptable to cause or threaten mental distress as a lever of power or as a means of manipulation.
8.2 Members will not personally attack, name-call, troll, flame, bully, threaten, stalk or otherwise harass other Members.
9 MEMBERSHIP STANDARDS
9.1 No Members under 18 years of age are allowed. If you become aware that another Member is under 18 years of age, you are required to report it to an Administrator or Moderator immediately.
9.2 In order to ensure that this Site is not used as a means to lure unsuspecting individuals into unethical situations, as outlined above, the Administrators reserve the right to ban individuals from this Site who have habitually demonstrated behavior in violation of these rules, even if that behavior occurs outside of this site.
10. VIOLATIONS OF STANDARDS
10.1. Any Member who witnesses a minor violation is encouraged to politely point it out to those involved through an email or IM.
10.2. Any Member who witnesses a major violation by any other member may report such violation to any Administrator or Moderator. Please copy and paste text in an email, and send to [email protected] with details of the violation, and any parties involved.
10.3. The Administrators will investigate the violation to the best of their ability. Once a problem is reported, it is expected that those reporting the problem, and those aware of the report, will leave resolution in the hands of the Administrators.
PART B: TERMS OF USE
Table of Contents:
21. Definitions
22. Introduction
23. Content
24. Membership Information
25. Profiles
26. Prohibited Conduct
27. Confidentiality and Privacy
28. Intellectual Property of Hypwatch and Others
29. Linking to Hypwatch; Use of Logo
30. Third Party Advertising/Merchandise Sales
31. Disclaimer of Warranties
32. Limitation of Liability
33. Indemnity and Release
34. Limitation of Actions
35. Arbitration, Governing Law and Forum for Disputes
36. Changes to the Site; Changes to Terms
37. Entire Agreement
38. NonWaiver and Separability
39. Relationship of Parties
40. Termination; Survival
41. Communications with Users
42. Submission of Ideas
21. DEFINITIONS
21.1. In these Terms, unless the contrary intention appears:
21.1.1. “Administrator” means an Administrator of the Site;
21.1.2. “Advertiser” means a person or business whose advertising appears on the Site, or is linked to the Site;
21.1.3. “Community Guidelines” means the Community Guidelines as posted on the Site by Management, as amended from time to time;
21.1.4. “Content” includes all information, code, data, text, software, photographs, pictures, graphics, video, audio, files, chat, messages, files, or other materials;
21.1.5. “DMCA” means the Digital Millennium Copyright Act;
21.1.6. “Hypwatch” means the Site and includes the Management and any other persons and/or entities who own, operate and manage the Site;
21.1.7. “Moderator” means a Moderator of the Site;
21.1.8. “Management” means the Administrators and Moderators of the Site;
21.1.9. “Member” means a person who joins the Site or any part of it as a user, subscriber or member;
21.1.10.“Merchant” means a person or business from whom Members can purchase goods or services;
21.1.11.“Minor” means a person under the age of 18 years, and if the person’s age cannot be readily ascertained, includes a person apparently under the age of 18 years;
21.1.12.“Person” includes corporations and other legal entities;
21.1.13.“Policy” means any policy posted on the Site by Management, as amended from time to time;
21.1.14.“Profile” means the profile of a Member as appearing on the Site;
21.1.15.“Registration Data” means the information Members supply about themselves as required by various Hypwatch registration forms;
21.1.16.“Rights” means any patent, trademark, service mark, trade secret, copyright or other rights of a proprietary nature;
21.1.17.“Rules” means any rules posted on the Site by Management, as amended from time to time;
21.1.18. “Site” means the website whose main page has the URL http://hypwatch.com or http://www.hypwatch.com and includes:
21.1.18.1. all subdomains, pages and other features under the main domain names http://hypwatch.com and http://www.hypwatch.com;
21.1.18.2. all other subdomains, pages, other features and other sites run by the Management as part of or in connection with the Site, whether those pages are under the main domain names http://hypwatch.com and http://www.hypwatch.com or not;
21.1.18.3. all products and services available on or through the Site;
21.1.19.“Terms” means these Terms of Use, as amended from time to time;
21.2. In these Terms, unless the contrary intention appears:
21.2.1. Reference to the singular includes the plural and vice-versa;
21.2.2. Reference to one gender includes all other genders;
21.2.3. References to any laws includes any laws amending, repealing, replacing or re-enacting the same.
22. INTRODUCTION
22.1. Hypwatch is a free, volunteer-run social network for hypnotists, subjects and people interested in hypnosis, recreational and/or erotic hypnosis, and associated kinks. The Site depends on the cooperation and good will of all of its Members and relies on those Members to create a safe, supportive environment for everyone.
22.2. By using Hypwatch, or continuing to use Hypwatch, you agree to be bound by these Terms and by the Community Guidelines, Rules and Policies published on the Site by the Management. All features, facilities, products and services on Hypwatch (presently and in the future) are governed by these Terms and such Community Guidelines, Rules and Policies.
22.3. The Management reserves the right to amend these Terms, or such Community Guidelines, Rules or Policies, at any time. Publication of the amended Terms, Community Guidelines, Rules or Policies on the Site will be sufficient notice of such amendment.
23. CONTENT
23.1. You, and not Hypwatch, are entirely responsible for all Content, whether publicly posted or privately transmitted, that you upload, post, email or otherwise transmit.
23.2. Hypwatch claims no ownership interest in any of the Content (including, without limitation, pictures, videos and writing) uploaded, posted, emailed or otherwise transmitted by you, and the copyright to all such Content shall remain with its original owner.
23.3. By uploading, posting emailing or transmitting Content, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in these Terms, and that such Content does not violate the rights of any third party.
23.4. You must pay all royalties and fees owing to any person by reason of any Content you post on the Site.
23.5. You grant to Hypwatch a non-exclusive, worldwide, royalty-free, permanent and irrevocable license to use, reproduce, modify (for example, resizing of photos and/or encoding of audio or video files), transmit, publicly display and distribute any Content posted by you on or through the Site, and to sublicense such rights as necessary or expedient to operate the Site
23.6. Hypwatch does not control the Member or third party Content uploaded, posted, emailed or otherwise transmitted on the Site, and, as such, does not guarantee the accuracy, integrity or quality of such Member or third party Content.
23.7. As a general matter, Hypwatch does not screen Member or third party Content posted on the Site, although Hypwatch reserves the right to do so.
23.8. Hypwatch will not be liable (in tort or otherwise) for any Member or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content uploaded, posted, emailed or otherwise transmitted.
23.9. By using Hypwatch, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use Hypwatch at your sole risk
23.10. The Management shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Site at any time, for any reason, or for no reason at all, with or without notice.
23.11. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the Site, including without limitation, information posted on message boards.
23.12. You expressly acknowledge and agree that Hypwatch may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
23.12.1.comply with legal process;
23.12.2.enforce the Terms;
23.12.3.respond to claims that any Content violates the rights of third parties; or
23.12.4.protect the rights, property, or personal safety of Hypwatch, its Members and the public;
23.13. You acknowledge and agree that the technical processing and transmission of the Site, including your Content, may involve:
23.13.1. transmissions over various networks; and
23.13.2. changes to conform and adapt to technical requirements of connecting networks or devices.
23.14. Third party Content accessible through Hypwatch from sites linked to Hypwatch is developed by people over whom Hypwatch exercises no control. Similarly, content hosted by Hypwatch which is posted by third parties, and, with the exception of certain random screening, Hypwatch cannot and does not screen such web pages before they are made accessible to Members. Accordingly, Hypwatch does not assume any responsibility for the content of any site linked to the Site or in any web page hosted for a third party within the Site.
24. MEMBERSHIP INFORMATION
24.1. You represent and warrant that:
24.1.1. Your Registration Data is true, accurate, current and complete (apart from optional items); and
24.1.2. You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete (apart from optional items).
24.2. All Hypwatch registrations become the exclusive property of Hypwatch.
25. PROFILES
25.1. Members are invited to post content to their Profile.
25.2. Management may limit the amount of bandwidth dedicated to any account.
25.3. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity.
25.4. Management reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain backup copies of the content you post on your Profile.
25.5. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile.
25.6. Your Profile may not include any telephone numbers and street addresses.
25.7. The information provided by other Members in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which Hypwatch assumes no responsibility or liability.
26. PROHIBITED CONDUCT
You agree that you will not:
26.1. Personally attack, troll, flame, bully, threaten, stalk or otherwise harass another Member;
26.2. Make criminal accusations against another Member in a public forum;
26.3. Make or promote any type of racism or hate towards anyone in specific or a group of people unless in the context of roleplaying between consenting parties;
26.4. Upload pictures or videos that contain any Minors;
26.5. Upload, post, email, otherwise transmit, or post links to any Content that promotes having any type of sexual relationship with a Minor;
26.6. Create a Member profile for a business, organization, website, or event that is not related to hypnosis/kink/fetish;
26.7. Take anything any other person has uploaded, posted, emailed or otherwise transmitted to you, on Hypwatch and repost such content anywhere outside of Hypwatch without the express written permission of the person who uploaded, posted or emailed you;
26.8. Upload, post, email or otherwise transmit private conversations between two people in any forum on Hypwatch without the express written consent of the people who are involved in said private conversation;
26.9. Upload, post, email or otherwise transmit, directly or indirectly, any personally identifying information about another Member without his or her consent. Personally identifying information can include, but is not limited to, a person's full name, first name, last name, email address, profession, phone number, address and place of work;
26.10. Use Hypwatch to do any academic, corporate or other research without the express written consent of the Management;
26.11. Crosspost the same message, be it by one person or multiple people, more than 3 times in a day;
26.12. Sexualize or publicly fantasize about the following topics: murder, animal abuse, bestiality/zoophilia, and any activities involving Minors. You may have strictly intellectual discussions regarding these topics;
26.13. Discuss or post content dealing with actual snuff, necrophilia and cannibalism. You may have strictly intellectual discussions regarding these topics, and may also have discussions and content concerning fantasies in these areas;
26.14. Create any event to promote a session with a phone sex operator, professional dominant or professional submissive;
26.15. Publicly post the schedule, price list or phone number of a phone sex operator, professional dominant or professional submissive on Hypwatch except in a group led by that person or in a group explicitly created for the purpose of posting such information;
26.16. Publicly solicit for clients on behalf, directly or indirectly, of phone sex operators, professional dominants and professional submissives in any group except in a group led by that person or in a group explicitly created for the purpose of posting such solicitations;
26.17. Solicit or sell any kind of sex for hire;
26.18. Use Hypwatch for any fraudulent purposes;
26.19. Collect or store personally identifying information about any other Member(s) for commercial purposes without the expressed consent of the Member(s) or for any unlawful purpose;
26.20. Impersonate any person or entity, including, but not limited to, a Hypwatch official, employee, consultant, Administrator, Moderator or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity;
26.21. Hold yourself out as in any way sponsored by, affiliated with, or endorsed by Hypwatch, any of Hypwatch’s affiliates, or any of Hypwatch’s service providers.
26.22. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails or chats;
26.23. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (including but not limited to “inside information”, or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement);
26.24. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates computer hacking;
26.25. Upload, post, email, otherwise transmit, or post links to any Content that infringes Rights of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
26.25.1. Making available copyrighted software or other Content that has had the copyright protection removed;
26.25.2. Making available serial numbers for software that can be used to illegally validate or register software;
26.25.3. Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content;
26.25.4. Making available any software files for which the Member does not own the copyright or have the legal right to make available;
26.26. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, including but not limited to promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.;
26.27. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to obtain the private or personal information of Hypwatch or any person or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site;
26.28. Adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with the Site or Hypwatch.
26.29. Use automated means, including additional computers, software and scripts, to enhance play in Hypwatch promotions;
26.30. Use automated means, including spiders, robots, crawlers, or the like to download data from any Hypwatch network database;
26.31. Use automated means, including bots, to create accounts on Hypwatch;
26.32. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, link, display or in any way exploit any Content from any Hypwatch database, including, without limitation, by incorporating data from any Hypwatch database into any email or “white pages” products or services, whether browser-based, based on proprietary client site applications, web-based, or otherwise;
26.33. Sell, distribute, or make any commercial or unlawful use of data obtained from any Hypwatch database or make any other use of data from any Hypwatch database in a manner which could be expected to offend the person for whom the data is relevant.;
26.34. Create and maintain a Profile that stores or hosts content for remote loading by other web pages. (For example, you cannot create a Profile, post pictures to the Profile, and have other web pages call the Profile to retrieve those pictures.);
26.35. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
26.36. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission or any equivalent agency elsewhere in the world, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
26.37. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;
26.38. Disobey any Hypwatch employee or representative or interfere with any action by any Hypwatch employee or representative to redress any violation of these Terms, the Community Guidelines, Policies or Rules;
26.39. Create a new account in order to access the Site after your account or access has been terminated by Hypwatch;
26.40. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the Member’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services;
26.41. Use any software deployed in connection with the Site to process data as a service to other entities without the express written consent of Management or the party from whom such software may be licensed;
26.42. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Site;
26.43. Use any of the trademarks or service marks or other Content accessible through Hypwatch for any purpose other than the purpose for which such Content is made available to users by Hypwatch
26.44. Defame or disparage Hypwatch, the trademarks or service marks of Hypwatch, or any aspect of the Site.
26.45. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to Hypwatch community or the letter or spirit of these Terms, the Community Guidelines, Policies and Rules;
26.46. Advertise, offer for sale, or sell any of the following items:
26.46.1. Any firearms, explosives, or weapons;
26.46.2. Any items that are hateful or racially, ethnically or otherwise objectionable, that contain child pornography, or are harmful to Minors;
26.46.3. Any controlled substances or pharmaceuticals;
26.46.4. Any counterfeit or stolen items;
26.46.5. Any goods or services that do not, in fact, exist;
26.46.6. Any registered or unregistered securities;
26.46.7. Any items that violate or infringe the rights of other parties;
26.46.8. Any items that you do not have the legal right to sell;
26.46.9. Any items the sale of which require you to have a licence, permit or other accreditation, where you do not hold such licence, permit or other accreditation;
26.46.10. Any items the sale of which would constitute an offense;
26.46.11. Any items where paying Hypwatch any of the required transactional or listing fees would cause Hypwatch to violate any law.
27. CONFIDENTIALITY AND PRIVACY
27.1. You agree that everything that you observe on the Site will be kept in strict confidence, and that you will do nothing to jeopardize the privacy and identities of any other Member or participant without the expressed written permission of Hypwatch.
27.2. Hypwatch reserves the right to use and reuse all Registration Data and other personally identifiable Member information subject to Hypwatch’s Privacy Policy. Other data collected and maintained by Hypwatch with regard to its Members may also be disclosed in accordance with Hypwatch’s Privacy Policy.
27.3. Members may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in Hypwatch’s Privacy Policy and on Hypwatch.
27.4. You certify that you are not a member of the media, or that if you are, you are participating on Hypwatch solely for your personal enjoyment and not as part of any investigation or gathering of information and that you will not use any information obtained from Hypwatch in any manner without the express written permission of Hypwatch.
28. INTELLECTUAL PROPERTY OF HYPWATCH AND OTHERS
28.1. Except as expressly provided:
28.1.1. Nothing within the Site shall be construed as conferring any license under any of Hypwatch's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise;
28.1.2. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available on the Site.
28.2. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Site is protected by Rights of Hypwatch and its affiliates, licensors (including, without limitation, other Members, Merchants and Advertisers), and service providers.
28.3. All trade and other other marks that appear throughout the Site belong to Hypwatch or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws.
28.4. Any use of any of the marks appearing throughout the Site without the express written consent of Hypwatch or the owner of the mark, as appropriate, is strictly prohibited.
28.5. It is Hypwatch's policy to respond expeditiously to claims of copyright and other intellectual property infringement.
28.6. Hypwatch will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.
28.7. Upon receipt of notices complying or substantially complying with the DMCA, Hypwatch may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
28.8. Hypwatch will terminate access for users who are repeat infringers.
28.9. Notifying Hypwatch of Copyright Infringement: To provide Hypwatch notice of an infringement, you must provide a written communication [email protected] that sets forth the information specified by the DMCA. Please note that you may be liable for damages (including costs and lawyers' fees) if you materially misrepresent that an activity is infringing your copyright.
28.10. Providing Hypwatch with Counter Notification: If you feel that your material does not constitute infringement, you may provide Hypwatch with a counter notification by written communication to [email protected] that sets forth all of the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and lawyers' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice from a lawyer.
28.11. You grant and assign Hypwatch or its affiliates the right and authority to enforce your DMCA and any and all intellectual property rights against alleged infringers at your request. This provision does not constitute in any way a partnership, joint venture or any other fiduciary relationship between you and Hypwatch.
28.12. Further, Hypwatch does not warrant or guarantee that it can or will enforce your intellectual property rights against alleged infringers. Hypwatch reserves the right through this limited license to enforce your rights at your request, however, it remains the sole and primary responsibility of each Member, the Content creator and owner, to police and enforce your rights against alleged infringers.
29. LINKING TO HYPWATCH; USE OF LOGO
29.1. Hypwatch offers a nonassignable, nontransferable, and nonexclusive license to link to the Site, using Hypwatch logos, subject to the following provisions. Hypwatch logos may be placed on a Web site for the sole purpose of creating a link to Hypwatch and allowing users of your site to access Hypwatch.
29.2. Hypwatch logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Hypwatch.
29.3. Hypwatch logos may only be used in accordance with the Hypwatch Trademark Usage Guidelines, and may only be used in the exact size, shape, colors, design, and configuration as found on such web page.
29.4. Hypwatch logos may not be altered in any manner.
29.5. Hypwatch logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements.
29.6. Hypwatch logos may not be used to disparage Hypwatch or in a manner which, in Hypwatch’s reasonable judgment, may diminish or otherwise damage Hypwatch’s goodwill in Hypwatch logos.
29.7. By using any such Hypwatch logo, you acknowledge that Hypwatch has exclusive rights to the logo, and that all goodwill generated through your use of the logo will inure to the benefit of Hypwatch.
29.8. If you use Hypwatch logos, you must include appropriate attribution.
29.9. Hypwatch reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Hypwatch reserves the right to take action against any use that does not conform to these provisions.
30. THIRD PARTY ADVERTISING/MERCHANDISE SALES
30.1. Hypwatch may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the Site to access third party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology.
30.2. Hypwatch have no control over such sites and resources. You acknowledge and agree that Hypwatch are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
30.3. Hypwatch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
30.4. Hypwatch cannot confirm the truth or accuracy of any statements made by Merchants or Advertisers or control whether Merchants or Advertisers who post statements on Hypwatch will act in accordance with those statements. Hypwatch will not get involved in any dispute between Members and Merchants or Advertisers.
30.5. By submitting an order to purchase goods or services from a Merchant or Advertiser, you acknowledge that you are entering into a transaction with that Merchant or Advertiser, and that Hypwatch are not parties to the transaction. Any correspondence or business dealings with, or participation in promotions of Merchants or Advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Member and such Merchant or Advertiser.
30.6. Hypwatch has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant or Advertiser. Hypwatch cannot confirm that any particular Merchant or Advertiser is who that Merchant or Advertiser claims to be.
30.7. Members may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the Member’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.
30.8. The ability to include links is provided only as a convenience, and the inclusion of any link by a Member does not imply affiliation, endorsement, or adoption by Hypwatch of the linked site or any information contained therein.
30.9. Hypwatch shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Merchants or advertisers on the Site.
31. DISCLAIMER OF WARRANTIES
31.1. THE SITE, AND ANT PRODUCTS AND SERVICES ON IT, ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
31.2. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPWATCH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, OR ANY PRODUCTS AND SERVICES ON IT.
31.3. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPWATCH DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED OR OBTAINED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE.
31.4. HYPWATCH DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SITE
31.5. HYPWATCH DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.
31.6. HYPWATCH DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
31.7. HYPWATCH MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY HYPWATCH
31.8. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
31.9. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
32. LIMITATION OF LIABILITY
32.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL HYPWATCH BE LIABLE TO ANY MEMBER ON ACCOUNT OF THAT MEMBER’S USE OR MISUSE OF AND RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF HYPWATCH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, HYPWATCH. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARTIST PAGES OR OTHER CONTENT STORED THROUGHOUT HYPWATCH.
32.2. UNDER NO CIRCUMSTANCES SHALL HYPWATCH BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, INTERGALACTIC CONFLICT, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
32.3. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
33. INDEMNITY AND RELEASE
33.1. By using the Hypwatch web site you agree to indemnify Hypwatch, and their Management, Administrators, Moderators, volunteers and other officials, and hold them harmless from any and all claims and expenses, including lawyers' fees, arising from your use of the Site, or your submission of ideas and/or related materials to Hypwatch or from any person's use of any account or password you maintain with Hypwatch, regardless of whether such use is authorized by you.
33.2. By using the Site, or submitting any ideas and/or related materials to Hypwatch, you are hereby agreeing to release Hypwatch and their Management, Administrators, Moderators, volunteers and other officials from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Site or to any disputes regarding use of ideas and/or related materials submitted to Hypwatch
33.3. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
33.4. Without prejudice to the generality of any other provisions in these Terms, the Community Guidelines, Policies and Rules, every exemption, limitation, condition and liberty contained in the same and every right, exemption from liability, defence and immunity of whatsoever nature applicable to Hypwatch or to which Hypwatch is entitled under these Terms, the Community Guidelines, Policies and Rules shall also be available and shall extend to protect Hypwatch’s Management, Administrators, Moderators, volunteers and other officials and for the purpose of this Clause Hypwatch is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be its Management, Administrators, Moderators, volunteers and other officials and all such persons shall to this extent be or be deemed to be parties to the contract in or evidenced by these Terms, the Community Guidelines, Policies and Rules.
34. LIMITATION OF ACTIONS
34.1. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Hypwatch must be filed within one (1) year after such claim or cause of action arises, or forever be barred. No extension of time is permitted.
35. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
35.1. Unless expressly stated to the contrary elsewhere in the Site, all legal issues arising from or related to the use of the Site shall be governed by, the laws of the State of Washington State applicable to contracts entered into and wholly to be performed within that State.
35.2. Any controversy or claim arising out of or relating to these Terms or any user's use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
35.3. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
35.4. The arbitration shall be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into in any state or federal court in the State of Washington having jurisdiction thereof.
35.5. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in the State of Washington having jurisdiction thereof.
35.6. Except as set forth above, the state and federal courts in the State of Washington shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms or any user's use of the Site.
35.7. By using the Site you consent to personal jurisdiction and venue in the state and federal courts in the State of Washington with respect to all such disputes.
36. CHANGES TO THE SITE; CHANGES TO TERMS
36.1. Hypwatch reserves the right to modify or terminate the Site (or any part of it) from time to time, for any reason, or for no reason, with or without notice.
36.2. Hypwatch reserves the right to modify these Terms, the Community Guidelines, Policies and Rules from time to time, with or without notice.
37. ENTIRE AGREEMENT
37.1. These Terms, the Community Guidelines, Policies and Rules constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between Hypwatch’s representatives and you with respect to the subject matter hereof.
38. NONWAIVER AND SEPARABILITY
38.1. Hypwatch’s failure to exercise any right or provision of these Terms, the Community Guidelines, Policies and Rules shall not constitute a waiver of such right or provision.
38.2. If a court of competent jurisdiction holds any provision of these Terms, the Community Guidelines, Policies and Rules to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms, the Community Guidelines, Policies and Rules remain in full force and effect.
39. RELATIONSHIP OF PARTIES
39.1. You and Hypwatch are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship.
39.2. Neither you nor Hypwatch has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
39.3. You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms, the Community Guidelines, Policies and Rules without prior express written authorization of Hypwatch
39.4. Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
40. TERMINATION; SURVIVAL
40.1. These Terms shall continue in effect for as long as you use the Site, unless specifically terminated earlier by Hypwatch
40.2. All provisions of these Terms which impose obligations continuing in their nature shall survive termination of these Terms.
41. COMMUNICATIONS WITH USERS
41.1. You consent to receive communications from Hypwatch concerning your use of the Site ("Communications"). The Communications may be those that Hypwatch is required to send to you by law concerning the Site ("Required Communications"). The Communications may also be those that Hypwatch sends to you for other reasons.
41.2. You consent to receive Communications electronically. Hypwatch may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on Hypwatch. You may change the email address to which Hypwatch sends Communications by visiting your account information page.
41.3. In order to receive Required Communications, you must provide Hypwatch, upon registration with Hypwatch, a valid email address to which Hypwatch may send electronic mail.
41.4. Failure to maintain a valid email address on file may result in the termination of access to Hypwatch, at Hypwatch’s sole discretion.
42. SUBMISSIONS OF IDEAS
42.1. Hypwatch is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to Hypwatch, we would like to hear them but any submission will be subject to these Terms.
42.2. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO HYPWATCH BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION.
42.3. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO HYPWATCH, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO HYPWATCH THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT HYPWATCH IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY HYPWATCH, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
43. VIOLATIONS OF TERMS AND CONDITIONS
43.1. Should you violate these Terms or any other rights of Hypwatch, Hypwatch reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Site.
43.2. If you are aware of any violations of these Terms, the Community Guidelines, Rules or Policies, please report them to: [email protected]
Last updated: 3 February 2022
