Terms of Service

HWerks

HWerks.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by HWerks ("HWerks.com" or "we") include the HWerks.com website (the "HWerks Website"), the HWerks.com Internet messaging service, and any other features, content, or applications offered from time to time by HWerks.com in connection with the HWerks Website (collectively, the "HWerks Services"). The HWerks Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the HWerks Services. By using the HWerks Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the HWerks Website) or you are a "Member" (which means that you have registered with HWerks.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the HWerks Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the HWerks Website and discontinue use of the HWerks Services immediately. If you wish to become a Member, communicate with other Members and make use of the HWerks Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes HWerks.com's policy for acceptable use of the HWerks Services and Content posted on the HWerks Website, your rights, obligations and restrictions regarding your use of the HWerks Services and HWerks.com's Privacy Policy. In order to participate in certain HWerks Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the HWerks Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: Support@HWerks.com, Subject: Terms of Use Agreement.

HWerks.com may modify this Agreement from time to time and such modification shall be effective upon posting by HWerks.com on the HWerks Website. You agree to be bound to any changes to this Agreement when you use the HWerks Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on HWerks.com and that you provide to other Users. Your HWerks.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other HWerks.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and HWerks.com assumes no responsibility or liability for this material. If you become aware of misuse of the HWerks Services by any person, please contact HWerks or click on the "Report " link in the “Actions” box under the profile picture of the Hwerks.com page..

HWerks.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the HWerks Services at any time, for any or no reason, with or without prior notice, and without liability. HWerks expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of HWerks Services if HWerks determines, in its sole discretion, that you pose a threat to HWerks and/or its Users.

1. Eligibility. Use of and Membership in the HWerks Services is void where prohibited. By using the HWerks Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the HWerks Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the HWerks Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. HWerks.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

3. Fees. You acknowledge that HWerks.com reserves the right to charge for the HWerks Services and to change its fees from time to time in its discretion. If HWerks.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. 72 hour notice must be given to cancel recurring billing. Users may cancel their own recurring billing through their Paypal account at any time.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify HWerks.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Members. The HWerks Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HWerks.com. Illegal and/or unauthorized use of the HWerks Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the HWerks Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the HWerks Services.

6. Proprietary Rights in Content on HWerks.com.

1. HWerks.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the HWerks Services. After posting your Content to the HWerks Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the HWerks Services, you hereby grant to HWerks.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the HWerks Services.

Without this license, HWerks.com would be unable to provide the HWerks Services. For example, without the right to modify Member Content, HWerks.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, HWerks.com could not allow Users to listen to music posted by Members. The license you grant to HWerks.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to HWerks.com), fully-paid and royalty-free (meaning that HWerks.com is not required to pay you for the use on the HWerks Services of the Content that you post), sublicensable (so that HWerks.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the HWerks Services), and worldwide (because the Internet and the HWerks Services are global in reach). This license will terminate at the time you remove your Content from the HWerks Services. The license does not grant HWerks.com the right to sell your Content, nor does the license grant HWerks.com the right to distribute your Content outside of the HWerks Services.

2. You represent and warrant that: (i) you own the Content posted by you on or through the HWerks Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the HWerks Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the HWerks Services.

3. The HWerks Services contain Content of HWerks.com ("HWerks.com Content"). HWerks.com Content is protected by copyright, trademark, patent, trade secret and other laws, and HWerks.com owns and retains all rights in the HWerks.com Content and the HWerks Services. HWerks.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the HWerks.com Content (excluding any software code) solely for your personal use in connection with viewing the HWerks Website and using the HWerks Services.

4. The HWerks Services contain Content of Users and other HWerks.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the HWerks Services.

7. Content Posted.

1. HWerks.com may delete any Content that in the sole judgment of HWerks.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. HWerks.com assumes no responsibility for monitoring the HWerks Services for inappropriate Content or conduct. If at any time HWerks.com chooses, in its sole discretion, to monitor the HWerks Services, HWerks.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the HWerks Services, and any material or information that you transmit to other Members and for your interactions with other Users. HWerks.com does not endorse and has no control over the Content. Content is not necessarily reviewed by HWerks.com prior to posting and does not necessarily reflect the opinions or policies of HWerks.com. HWerks.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the HWerks Services. HWerks.com reserves the right to investigate and take appropriate legal action against anyone who, in HWerks.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the HWerks Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of HWerks.com: \

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5. solicits personal information from anyone;

6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14. includes a photograph of another person that you have posted without that person's consent; or

15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the HWerks Website and through your use of the HWerks Services. HWerks.com reserves the right to investigate and take appropriate legal action against anyone who, in HWerks.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

17. advertising to, or solicitation of, any Member to buy or sell any products or services through the HWerks Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the HWerks Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, HWerks.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which HWerks.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the HWerks Services, you acknowledge that you will have caused substantial harm to HWerks.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HWerks.com $50 for each such unsolicited email or other unsolicited communication you send through the HWerks Services;

18. covering or obscuring the banner advertisements on your personal profile page, or any HWerks.com page via HTML/CSS or any other means;

19. any automated use of the system, such as using scripts to add friends or send comments or messages;

20. interfering with, disrupting, or creating an undue burden on the HWerks Services or the networks or services connected to the HWerks Services;

21. attempting to impersonate another Member or person;

22. for band profiles, copying the code for your HWerks Player and embedding it into other profiles or asking other Members to embed it into their profiles;

23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

24. selling or otherwise transferring your profile;

25. using any information obtained from the HWerks Services in order to harass, abuse, or harm another person;

26. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the HWerks Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or

27. Solicitation: You may not use HWerks to solicit for donations, money or services.

28. using the HWerks Services in a manner inconsistent with any and all applicable laws and regulations.

9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of HWerks.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to HWerks.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the HWerks Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the HWerks Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. HWerks.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Support@Hwerks.com.

10. Member Disputes. You are solely responsible for your interactions with other HWerks.com Members. HWerks.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. Privacy. Use of the HWerks Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers. HWerks.com is not responsible for any incorrect or inaccurate Content posted on the HWerks Website or in connection with the HWerks Services, whether caused by Users of the HWerks Services or by any of the equipment or programming associated with or utilized in the HWerks Services. Profiles created and posted by Members on the HWerks Website may contain links to other websites. HWerks.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by HWerks.com. Inclusion of any linked website on the HWerks Services does not imply approval or endorsement of the linked website by HWerks.com. When you access these third-party sites, you do so at your own risk. HWerks.com takes no responsibility for third party advertisements which are posted on this HWerks Website or through the HWerks Services, nor does it take any responsibility for the goods or services provided by its advertisers. HWerks.com is not responsible for the conduct, whether online or offline, of any User of the HWerks Services. HWerks.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. HWerks.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the HWerks Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the HWerks Services. Under no circumstances shall HWerks.com be responsible for any loss or damage, including personal injury or death, resulting from use of the HWerks Services, attendance at a HWerks.com event, from any Content posted on or through the HWerks Services, or from the conduct of any Users of the HWerks Services, whether online or offline. The HWerks Services are provided "AS-IS" and as available and HWerks.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HWerks.com cannot guarantee and does not promise any specific results from use of the HWerks Services.

13. Limitation on Liability. IN NO EVENT SHALL HWERKS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HWERKS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HWERKS.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HWERKS.COM FOR THE HWERKS SERVICES DURING THE TERM OF MEMBERSHIP.

14. U.S. Export Controls. Software available in connection with the HWerks Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the HWerks Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15. Disputes. If there is any dispute about or involving the HWerks Services, you agree that the dispute shall be governed by the laws of the State of Illinois, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Missouri, City of Springfield. Either HWerks.com or you may demand that any dispute between HWerks.com and you about or involving the HWerks Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Springfield, Missouri, USA, provided that the foregoing shall not prevent HWerks.com from seeking injunctive relief in a court of competent jurisdiction.

16. Indemnity. You agree to indemnify and hold HWerks.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the HWerks Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the HWerks Website or through the HWerks Services causes HWerks.com to be liable to another.

17. Other. This Agreement is accepted upon your use of the HWerks Website or any of the HWerks Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and HWerks.com regarding the use of the HWerks Services. The failure of HWerks.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. HWerks.com is a trademark of HWerks, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: Support@HWerks.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not intended for children younger than 18 and is offered only to users 18 years of age or older. If you are under 16 years old, please do not use this network unless you have received a written permission (consent) from a parent or legal guardian.

You may use this Network provided that you have the power to enter a binding contract with us and are not barred from doing so under any applicable law of your country.

You agree that you will not post, email or make available any content or use this Network:

In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
in a manner that is harmful to minors in any way;
in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons' ability to use this Network;
to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this Network or the content contained therein;
to facilitate the unlawful distribution of copyrighted content;
in a manner that includes personal or identifying information about another person without that person's explicit consent;
in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

"Stalk" or otherwise harass anyone;
Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
Post any content containing child pornography to this Network;
Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
Post any content that constitutes pornography, contains nudity, or is adult in nature.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network's infrastructure;
Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
Use this Network as a generic file hosting service;
Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.

To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.

You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network's online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network.