THE TERMS AND CONDITIONS SET FORTH BELOW (COLLECTIVELY, THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE INTERNET, THE WORLD WIDE WEB, MOBILE NETWORKS, OR ANY OTHER COMMUNICATION METHODS NOW KNOWN OR IN THE FUTURE DEVELOPED. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU, AN INDIVIDUAL USER OF AT LEAST 18 YEARS OF AGE, OR IF YOU ARE USING HITPAGES ON BEHALF OF ANY ENTITY, INCLUDING A COMPANY, ORGANIZATION, OR TRUST, NO MATTER THE LEGAL FORM OF THE ENTITY (COLLECTIVELY “ENTITY”), THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH ENTITY ("YOU" OR, COLLECTIVELY, "USERS"), AND HITPAGES AND GOVERN YOUR ACCESS TO, AND USE OF, THE HITPAGES WEBSITE LOCATED AT http://www.hitpages.com/ TOGETHER WITH THE SERVICES AVAILABLE THROUGH AND FROM HITPAGES, THIS AND OTHER WEB, MOBILE, OR OTHER SITES, DEVICES, AND SOFTWARE APPLICATIONS OF ANY KIND (COLLECTIVELY AND EACH INDIVIDUALLY, THE "SITE"), INCLUDING YOUR USE OF HITPAGES.
IF YOU ARE UNDER THE AGE OF 18 YOUR PARENT OR GUARDIAN MUST ENTER INTO THIS AGREEMENT ON YOUR BEHALF. IF YOU ARE UNDER THE AGE OF 18 YOU AFFIRM THAT BY YOUR CONTINUED OR FUTURE USE YOUR PARENT OR LEGAL GUARDIAN HAS FIRST AGREED TO THESE TERMS ON YOUR BEHALF.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, STOP USING THIS SITE IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE AND BE BOUND BY EACH OF THE TERMS SET FORTH BELOW. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS.
The Site is not available to persons under the age of 18. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE. The content on or from the Site may not be resold or relicensed.
HITPAGES MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THE SITE AT ANY TIME. HITPAGES CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF SERVICE ON THE SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITE. IF YOU DO NOT CEASE USING THE SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. EXCEPT AS STATED ELSEWHERE, ALL AMENDED TERMS SHALL AUTOMATICALLY BE EFFECTIVE AS SOON AS THEY ARE INITIALLY POSTED, EXCEPT IF HITPAGES STATES THAT IT IS GIVING ADVANCE NOTICE OF ANY AMENDED TERM TO BE EFFECTIVE ON A DATE IN THE FUTURE. PLEASE CHECK THESE TERMS AND ANY GUIDELINES PERIODICALLY FOR CHANGES. EXCEPT AS POSTED BY HITPAGES TO THE SITE, THIS AGREEMENT MAY NOT BE OTHERWISE AMENDED, AND NO TERMS MAY BE WAIVED BY HITPAGES, EXCEPT IN A WRITING HAND SIGNED BY YOU AND HITPAGES. FOR PURPOSES OF THIS PROVISION, A "WRITING" DOES NOT INCLUDE AN EMAIL MESSAGE AND A SIGNATURE DOES NOT INCLUDE AN ELECTRONIC SIGNATURE.
HITPAGES may provide You with notices, including those regarding changes to HITPAGES' terms and conditions by postings on the Site. Notice posted on the Site is deemed given upon the initial posting.
HITPAGES provides content and services through the Site. Certain information, documents, works, products, and services provided on and through the Site, including content, logos, graphics, and images (together, the "Materials") and User Content (as defined below) are provided to You by or by way of HITPAGES (including as an interactive computer service or online service provider) or the Site and are the copyrighted and/or trademarked work of 3rd party service providers, content creators and publishers (collectively "Internet Content Providers"), that is, any person or entity who makes Materials publically available in Internet. (Materials and User Content may be referred to individually and collectively as “Content.”)
HITPAGES grants You a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the services of the Site solely for Your own personal or business use. Except for the license set forth herein, You acknowledge and agree that You may have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the Content in any manner, except possibly for fair use rights (see 11 U.S.C. 107 – see, e.g., http://www.copyright.gov/fls/fl102.html.)
This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed User Content and Materials and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have no right, title. or interest in or to the Site or the User Content or Materials.
WHILE ENTERING USER CONTENT, SUCH AS MESSAGES AND COMMENTS, YOU AGREE NOT TO ENTER CONTENT THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OF ANY OTHER PERSON OR ENTITY.
Subject to Your compliance with the terms and conditions set out in these Terms, HITPAGES hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Site for the submitting and posting authorized digital content such as messages, comments, or other content or material ("User Content").
User Content is entered at Your own risk. Notwithstanding any obligations hereunder of HITPAGES to protect User Content with these Terms or security measures, HITPAGES cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will HITPAGES be liable for any copying or usage of the User Content not authorized by HITPAGES or You.
Subject to Your compliance with the terms and conditions set out in these Terms, HITPAGES hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view, download and print Content solely through the Site.
HITPAGES reserves all rights not expressly granted in these Terms.
HITPAGES reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
You retain all of Your ownership rights in User Content entered by You.
Unless otherwise agreed to in a separate written agreement between You and HITPAGES signed by an authorized representative of HITPAGES by pen on paper:
a) By entering User Content through the Site, You hereby grant to HITPAGES a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise use and sell or license Your User Content, in any media formats and through any media channels, in order to make available, display, perform, reproduce, distribute, publish, and promote such User Content in connection with the Site and services offered or to be offered by HITPAGES. HITPAGES may put restrictions on any of Your User Content and restrict access and ability to view, download or print it.
b) Subject to section 5.3, the license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Site.
By entering User Content into the Site, You hereby grant to each User that is authorized to access Your User Content, a non-exclusive license to access and use Your User Content. You hereby grant to each User a limited, non-exclusive, license to view, download, print, reproduce, and store such User Content in the manner contemplated by these Terms and the Site. Further, unless you clearly state otherwise, You grant a license to Users to modify, edit, reproduce, alter, and use Your User Content for personal use or for business use. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Site, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Site survive any termination or expiration of the license You have granted. In other words, once another User has viewed, downloaded or printed Your User Content no one can technologically stop that User from possessing, displaying, or otherwise using Your User Content. Further, such User Content might remain available by search engines or internet services, for example, that might have cached or archived such User Content, and HITPAGES has no obligation to prevent, limit, or take any other measures to affect that availability.
You are solely responsible for Your User Content and the consequences of posting or publishing it. By entering Your User Content, You affirm, represent, and warrant that:
(1) You are the creator and owner of such User Content and you authorize HITPAGES and HITPAGES' Users to use Your User Content as necessary to exercise the licenses granted by You in this agreement and in the manner contemplated by HITPAGES and these Terms;
(2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person or entity. YOU WILL NOT ENTER CONTENT THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OF ANY OTHER PERSON OR ENTITY;
(3) Your User Content does not contain any malicious code; and,
(4) Your User Content does not primarily constitute an advertisement, promotional, or marketing materials for any person, entity, or business.
Violators of third-party rights may be subject to criminal and/or civil liability. HITPAGES reserves all rights and remedies against any Users who violate these Terms, including the right to remove User Content and to terminate your ability to access to the HITPAGES site and services.
You understand that when using the Site You will be exposed to Content from a variety of sources, and that HITPAGES is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against HITPAGES with respect thereto. HITPAGES does not endorse any Content or any opinion, recommendation, or advice expressed therein, and HITPAGES expressly disclaims any and all liability in connection with Content.
If notified by a User or a content owner of Content that allegedly does not conform to these Terms, HITPAGES may investigate the allegation and determine, in its sole and unfettered discretion, whether to remove the Content, which it reserves the right to do at any time and without notice. For clarity, HITPAGES does not permit copyright infringing activities on the Site. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by using search engines to search for "parental control protection," for example.
This Site may be linked to other sites that are not owned or operated by HITPAGES ("Reference Sites"). HITPAGES is providing these links to You only as a convenience, and HITPAGES is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
You acknowledge that You are responsible for the User Content that You submit, upload, post, or otherwise make available on or through the Site ("provide" or "provided") and through the services available in connection with this Site. You further acknowledge that You, and not HITPAGES, have full responsibility for Your User Content, including its legality, reliability, and appropriateness, and that you have all rights regarding trademark and copyright ownership.
You are responsible for creating and maintaining copies of any User Content or Content that You store on HITPAGES' Site. HITPAGES is not responsible for creating or maintaining any such copies, and HITPAGES may remove or permanently delete any User Content or other Content at any time and for any reason or no reason at all, and is not responsible for loss of User Content or other Content, including, without limitation, HITPAGES’ negligent or intentional deletion of any User Content or other Content.
You further agree that You will not post, or otherwise make available on this Site any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other claims or harm resulting from Your User Content or Your other Content.
You represent and warrant that: (i) You own all User Content posted by You on or through this Site or otherwise have the right to grant the licenses to HITPAGES and its Users set forth herein, and (ii) the posting of Your User Content on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, trade secrets, or any other rights of any person or entity. You agree to pay for all royalties, fees, damages, and any other monies owing any person or entity by reason of any User Content posted by You to or through this Site.
When submitting User Content to or otherwise using this Site and/or the services, You agree not to, without limitation:
Use the Site for any purposes other than to disseminate or receive Content and/or to access the Site as such services are offered by HITPAGES;
- Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein or any Materials;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use racially, ethnically, or otherwise offensive language, including denigrating sexual orientation or gender identity issues;
- Incite or encourage illegal activity;
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
- Post anything that exploits children or minors or that depicts cruelty to animals;
- Post any copyrighted or trademarked materials without the express permission from the owner;
- Post any other party’s trade secrets;
- Post matters that by their confidential or security clearance nature may threaten lives, international, national, state, local, or individual security;
- Post outdated materials such as outdated sex offender registries;
- Post Court documents that have been sealed;
- Post a third party’s social security number, credit card number, unpublished phone number, non-public e-mail or physical mail address, medical records or information, tax records, or other confidential or personal information;
- Post any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, access the Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
- Use the Site for any illegal purpose or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights and data protection and privacy;
- Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site or User Content;
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Modify, adapt, translate, or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Interfere with or damage operation of the Site or any User's enjoyment of the Site, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- Relay email from a third party’s mail servers without the permission of that third party;
- Unless you are or represent an Internet search service; use any robot, spider, scraper, or other automated means to access the Site;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
- 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;
- Post, or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that generally detracts from the HITPAGES experience;
- Engage in any activity or upload commercial content that generally detracts from the HITPAGES experience;
- Take any action that imposes an unreasonable or disproportionately large load on HITPAGES’ infrastructure; and
- Artificially inflate or alter the ratings available on this Site or alter any comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. HITPAGES reserves the right to (a) terminate Your access to the Site or Your ability to post to this Site (or the services) and (b) refuse, delete, or remove any Content; with or without cause and with or without notice, for any reason or no reason, or for any action that HITPAGES determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services.
HITPAGES may report to law enforcement authorities any actions that it believes may be illegal, and any reports it receives of such conduct. When legally required or at HITPAGES' discretion, HITPAGES may cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. Such termination or suspension may continue so long as HITPAGES suspects the violation in question and HITPAGES will have no liability to You for such termination or suspension.
These prohibitions do not require HITPAGES to monitor, police, or remove any User Content by You or any other User, or monitor, police, or report any User activity.
User Content and unauthorized use of any Materials contained on or available through this Site may violate certain laws and regulations. You agree to indemnify, defend and hold HITPAGES and its officers, directors, employees, affiliates, agents, attorneys, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs) HITPAGES or any other indemnified party suffers in relation to, arising from, or for the purpose of defending against or avoiding any claim or demand from a third party that Your use of this Site, or the use of this Site by any other person identified as You by 3rd party services (including, without limitation, Your participation in the posting areas or Your User Content) violates any applicable law or regulation, or the copyrights, trademark rights, or other rights of any third party.
HITPAGES is a trademark of Hitpages, Inc. in Finland, Europe. Other trademarks, names, and logos on this Site are the property of their respective owners. The trademarks, logos, and service marks displayed on the Website (collectively the "Trademarks") are the registered and unregistered trademarks of HITPAGES, its licensors and suppliers, and others. The Trademarks owned by HITPAGES, whether registered or unregistered, may not be used in connection with any product or service that is not HITPAGES' in any manner that is likely to cause confusion with the customers, or in any manner that disparages HITPAGES or dilutes the trademarks or HITPAGES. Nothing contained on the Site or herein should be construed as granting, by implication, any license or right to use any Trademark without the express written permission of HITPAGES, its licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and HITPAGES may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of HITPAGES, Copyright © 2015 HITPAGES. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
HITPAGES respects the intellectual property rights of others, and we require You to do the same. HITPAGES may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe or are accused of infringing the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement at the Site please comply with the requirements of the Digital Millennium Copyright Act (DMCA) and complete the information form available here. If You believe that Your work is the subject of trademark infringement and appears on our Site, please provide HITPAGES' designated copyright agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit HITPAGES to locate the material.
Information reasonably sufficient to permit HITPAGES to contact You as the complaining party such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
HITPAGES reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement, and to require that You support Your claims of actionable trademark infringement.
HITPAGES' agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Attn: Copyright Agent
FINLAND - EUROPE
Please also note that for copyright infringements under Section 512(f) of the Copyright Act of the United States of America, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
HITPAGES reserves the right to remove User Content without notifying You if you posted User Content, and without providing You with an opportunity to submit a counter-notification, and You waive any rights or claims that you might have against HITPAGES for removing Your User Content, including without notifying You of HITPAGES' receipt of a DMCA takedown notice or providing you with an opportunity to submit a counter-notification or complying with the counter-notification procedure set out in the DMCA.
YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. HITPAGES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE SITE OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH THE SITE, OR FOR ANY LACK OF ACCESS TO THE SITE OR SERVICE. NONE OF THE MATERIALS OR USER CONTENT HAS BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY HITPAGES, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. HITPAGES DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS OR USER CONTENT CONTAINED ON THIS SITE. HITPAGES HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS AND/OR USER CONTENT, WHETHER PROVIDED BY HITPAGES OR OUR LICENSORS. THIS SITE AND HITPAGES DO NOT PROVIDE LEGAL ADVICE OR ANY OTHER KIND OF ADVICE. THE MATERIALS AND USER CONTENT ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND USER CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY OR OTHER APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL, FINANCIAL, OR OTHER ISSUE. ALL CONTENT IS PROVIDED WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO ITS LEGAL EFFECT AND COMPLETENESS. CONTENT SHOULD BE USED AS A GUIDE AND MODIFIED TO MEET YOUR OWN INDIVIDUAL NEEDS AND APPLICABLE LAWS. YOUR USE OF ANY CONTENT IS AT YOUR OWN RISK. HITPAGES AND ANY ATTORNEYS WHO PARTICIPATED IN PROVIDING OR MODIFYING ANY CONTENT EXPRESSLY DISCLAIM ANY WARRANTY: NO ATTORNEY-CLIENT RELATIONSIP IS BEING CREATED OR ENTERED INTO BY PROVIDING CONTENT, GUIDANCE, INSTRUCTIONS, OR OTHER INFORMATION TO YOU.
HITPAGES DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, USER CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE.
HITPAGES, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, ANY MATERIALS OR USER CONTENT, INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS AND THE USER CONTENT OF OTHER USERS OF THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, MATERIALS, USER CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE IS" BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CONTENT IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL HITPAGES, INC., OR ITS AGENTS, OFFICERS, OR ATTORNEYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENT, EVEN IF HITPAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HITPAGES DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER BY ACCESSING OUR SITE, OR DOWNLOADING CONTENT IN IT OR LINKED BY IT.
THE SECURITY MEASURES USED BY HITPAGES TO PROTECT USER CONTENT HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, HACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
REGARDLESS OF SUPPOSED OR ACTUAL REPRESENTATIONS MADE TO YOU ORALLY OR IN WRITING BY HITPAGES CONCERNING ACTIONS HITPAGES MAY OR WILL TAKE, INCLUDING TO REMOVE OR DISABLE ACCESS TO ANY CONTENT AVAILABLE ON OR THROUGH THE SITE, OR TO ACT TO CAUSE SEARCH ENGINES TO STOP INDEXING OR CACHING ANY CONTENT, YOU MAY NOT AND WILL NOT RELY UPON SAME, AND WILL NOT BRING OR PARTICIPATE IN ANY ACTION OR CLAIMS REGARDING SAME, AND WAIVE ALL RIGHTS AND CLAIMS INCLUDING FOR BREACH, UNDER LAW AND EQUITY.
HITPAGES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR USER CONTENT TO OR FROM THE SITE. HITPAGES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE SITE OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH THE SITE, OR FOR ANY LACK OF ACCESS TO THE SITE OR SERVICE. HITPAGES MAY INTERRUPT THE SITE OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT SHALL HITPAGES BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF HITPAGES KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HITPAGES AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
THESE TERMS DO NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR HITPAGES THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THESE TERMS. THESE TERMS DO NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, SUCH RIGHTS ARE EXPRESSLY DISCLAIMED.
IN NO EVENT WILL HITPAGES OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, ATTORNEYS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED ONE (1) EURO. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HITPAGES AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED, IF THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED APPLY AT ALL.
YOU ACKNOWLEDGE AND AGREE THAT HITPAGES HAS OFFERED ITS SITE, PRODUCTS AND SERVICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HITPAGES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HITPAGES. HITPAGES WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
HITPAGES controls and operates this Site from the European Union and the Materials and/or User Content may not be appropriate or available for use in other locations. Although HITPAGES does not direct its activities to users outside the European Union, if You use this Site outside the European Union, You are responsible for following applicable local laws.
You agree to comply with all possible export laws and restrictions and regulations of any sovereign agency or authority in your local jurisdiction, and depending on such legislation and restrictions, not to export, or allow the export or re-export of any software, technical data, or any direct product thereof in violation of any such restrictions, laws, or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable regulations. The transfer of certain technical data and commodities may require a specific license from an agency or authority of your local jurisdiction and/or written assurances by You that You will not export such software, technical data, or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on Your compliance with this and all other provisions.
HITPAGES may, in its sole and unfettered discretion, for any or no reason, and without penalty, terminate and/or suspend Your access to this Site without notice. HITPAGES prefers to advise You of Your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by HITPAGES in its sole discretion, may result in immediate termination of Your access to this Site. If HITPAGES terminates Your access to the Site, HITPAGES may delete Your User Content that You have provided in connection with the Site.
Such termination may continue so long as HITPAGES suspects the violation in question, and HITPAGES will have no liability to You for such suspension. You agree that HITPAGES will not be liable to You or any third party for any such termination.
You agree to indemnify, defend, save, and hold harmless HITPAGES, its possible parent and affiliated companies, contractors, employees, agents, attorneys, and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. HITPAGES reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend, or hold harmless HITPAGES, and You agree to cooperate with HITPAGES' defense of these claims. HITPAGES will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Finnish law and possible controlling laws and guidance setting directives of the European Union, without regard to the choice or conflict of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the court located in Espoo, Finland. If any term or provision of these Terms is found to be inconsistent with applicable law, then such term or provision shall be interpreted and modified to reflect the intentions of the parties, and no other terms will be modified.
HITPAGES' failure to enforce any term or provision of these Terms is not a waiver of such term. These Terms are the entire agreement between You and HITPAGES and supersede all prior or contemporaneous negotiations, discussions, or agreements between You and HITPAGES about this Site.
Upon termination of these Terms, any provision which logically, by its nature, or by express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and damages, and governing law and jurisdiction, and all general provisions shall survive any termination of these Terms.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by HITPAGES without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between You and HITPAGES relating to the subject matter herein and will not be modified except in writing, signed by both parties by hand, or by a change to these Terms made by HITPAGES as set forth in sections 2 and 3 above.
YOU AND HITPAGES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE, EXCEPT FOR HITPAGES’ RIGHTS TO SEEK INDEMNIFICATION, DEFENSE, AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU ARE, HOWEVER, REFERRED TO SECTION 13.2, REGARDING YOUR REMEDIES.
If a dispute arises between You and HITPAGES, we would like to achieve a neutral and cost effective means of resolving disputes quickly. Except as set forth otherwise in these Terms, You and HITPAGES agree to resolve any claim or controversy at law (“Claim”), and although you have waived your right to seek equitable or injunctive relief, should you attempt to pursue such relief in contravention of Your agreement not to, You will seek to resolve any claim or controversy at equity, that arises out of these Terms in accordance with one of the subsections below or as HITPAGES and You otherwise agree in writing, signed by hand, on paper. Before resorting to these alternatives, we strongly encourage You to first contact us directly to seek a resolution by contacting us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
This Agreement shall be governed in all respects by the laws of Finland and possible controlling laws and guidance setting directives of the European Union, without regard to conflict of law provisions. You agree that any Claim or dispute You may have against HITPAGES, or HITPAGES may have against You, must be resolved exclusively by a court located in Espoo, Finland, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the court located in Espoo, Finland for the purpose of litigating all such claims or disputes.
Although Section 13.2 regarding your remedies governs, for any claim (excluding claims by HITPAGES for injunctive or other equitable relief) where the total amount of the award sought is less than €10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
(a) the arbitration shall be conducted by telephone, online, and/or solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
(b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
(c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If we are unable to agree upon an ADR provider then the default ADR provider shall be named by Finnish Chamber of Commerce ("Keskuskauppakamari").
All claims you bring against HITPAGES must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution Section, HITPAGES may recover attorneys' fees and costs up to €1,000, provided that HITPAGES has notified you of the improperly filed claim, and you have failed to promptly withdraw the claim.
You expressly waive the right and agree not to bring or participate in any class action or joinder or consolidation of claims with respect to any dispute under or relating to this Agreement, including in any arbitration.
Neither advertisements shown next to the Content of the Site nor their placement are intended to suggest the author of the Content, or any entity or person mentioned in the Content, is in any way associated with, endorses, or approves the advertisement or advertiser. Such advertisements have been inserted next to the Content automatically.