The Service allows you to broadcast your interactions with the people you connect with. Such interactions may include, for example, meetings, introductions or referrals. The Service may be utilized solely for personal, non-commercial use.
(a) The Service is directed to persons over the age of 13. Persons under the age of 13 are not allowed to use the Service. Hashable does not knowingly collect information from or about persons under 13 years of age. You shall not use the Service unless you can form a binding contract with Hashable and are not legally prohibited from receiving services under any applicable laws or regulations. You shall not intentionally or unintentionally violate any applicable local, state, national or international laws or regulations. You shall not provide support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. You shall not interfere with or disrupt the servers, technology, infrastructure or networks utilized in connection with the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass the Website's robot exclusion headers. No part of this web site may be reproduced or transmitted in any form, by any means, electronic (including email) or mechanical, including photocopying and recording, except that Hashable, Inc. ("Hashable") authorizes you to view, copy, download, and print content that is available on the Website subject to the following conditions: (i) Such content may be used solely for non-commercial, informational purposes; (ii) Such content may not be modified. (iii) Copyright, trademark, and other proprietary notices must not be removed or altered.
(b) Nothing contained on Website or these TOS should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any documents or other materials displayed thereon, through the use of framing or otherwise, except: (a) as expressly permitted by these TOS; or (b) with the prior written permission of Hashable or such third party that may own the trademark or copyright of the material.
(c) You shall not, in connection with your use of the Service: (i) Transmit via or through the Website any information, data, text, comments, images, files, links, software, chat, communication or other materials ("Content") that is or which Hashable considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or excessive profanity, or post any obscene, lewd, lascivious, excessively violent, harassing, demeaning or otherwise objectionable Content;(ii) Sell or promote any products or services that are unlawful in the location at which the Content is posted or received;(iii) Sell or promote controlled pharmaceutical substances, fire arms, tobacco, drugs and alcohol;(iv) Introduce viruses, worms, Trojan horses and/or harmful code on the Website or on the Internet; (v) Display material that exploits or is intended to exploit children under 18 years of age; (vi) Post any Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any person or entity; (vii) Promote, solicit or participate in multi-level marketing or pyramid schemes; (viii) Harass, embarrass, demean or cause distress or discomfort upon another participant, user, or other individual or entity; (ix) Impersonate, spoof or parody any other person, including but not limited to, an Hashable official, expert or bulletin board leader, guide or host; (x) Post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (xi) Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; (xii) Intentionally or unintentionally violate any applicable local, state, national or international laws or regulations; (xiii) Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (xiv) Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer content (excluding Content posted by you), except as permitted in Section 10 of these TOS, or as expressly authorized by Hashable in advance and in writing; (xv) Engage in any activity that imposes or may impose an unreasonably or disproportionately large load on Hashable's (or its third party providers') infrastructure, as determined by Hashable in its sole discretion; interfere or attempt to interfere with the operation of the Service; bypass any measures used by Hashable to prevent or restrict access to the Service; run any form of automated messages, or use manual or automated methods or software (including bots or spiders) to scrape, crawl, spider, download or cache content from the Service.
(d) Hashable may, in addition to all of the other rights and remedies available to it, remove all or part of the Content that you post to the Service and/or terminate your access to the Service at any time and for any reason, in its sole discretion.
Hashable may alter, suspend, add to, or discontinue the Services, in whole or in part, at any time and for any reason, without notice or liability. Additional features to the Services may include (but may not be not limited to) application programming interface (API), mobile applications, and advertisements. Advertisements on the Service may be targeted to your interests or to the content available on the Website or based on other information, subject to Hashable's Privacy Statement. The Services may become unavailable in whole or in part due to maintenance or malfunction of computer equipment, force majeure events, or other reasons, and Hashable makes no guarantees whatsoever regarding the availability of the Service or any part thereof.
(a) Some of the materials available on Service may require prior registration to access. If you decide to access such materials, you will be required to register. In connection with such registration, Hashable may refuse to grant you, and you may not use, a user name (or email address) or screen name that is already being used by another account; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that Hashable rejects for any other reason in its sole discretion.
(b) When you complete a registration with the Website, you will be required to provide certain personal information. You agree that such information shall be true, accurate and complete information, and that you will update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Hashable suspects that your information is untrue or inaccurate, not current, or incomplete, Hashable may, in its sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Hashable Privacy Policy, available here.
(c) You will be solely responsible for maintaining the confidentiality of any username and/or password used to access the Website, and will be fully responsible for all activities that occur under your username, password and/or account. You agree that you will immediately notify Hashable of any actual or suspected unauthorized use of your username, password and/or account, or any other breach of security.
(d) Certain features of the Website allow you to submit your username and password to third party websites, applications or resources (e.g. email services or social networking services), in order to link them with your account on the Website. If you access third party websites, applications or resources, you agree and acknowledge that: (i) you do so at your own risk; (ii) such third party websites, applications or resources are not under Hashable's control, and Hashable is not responsible or liable for the operations, content, lawfulness, accuracy or any other aspect of such third party websites, applications or resources; (iii) A link or reference on the Website to a third party website, application or resource does not constitute any endorsement thereof by Hashable, and Hashable shall have no responsibility or liability for any damage, cost, expense or loss caused or alleged to be caused, directly or indirectly, by or in connection with the use of such third party website, application or resource or any products or services available on or through such third party website, application or resource.
You can control how Hashable shares certain types of Content you provided to it through your privacy settings. In connection with your submission of such Content to the Service, you agree to the following: (a) When you make any such Content private or delete your user activity, you understand and agree that while private or deleted Content will no longer be publicly available to third parties browsing the Website, such Content may persist in Hashable's backup copies, and/or on the Internet via search engines' cached search results until such time as such search engines update their search results.
(b) Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions ("Feedback"), communicated to Hashable through the Service is the exclusive property of Hashable. Hashable is entitled to use such Feedback, without restriction (except as stated in Hashable's Privacy Statement) or compensation to the person sending the submission. You represent and warrant that you have the legal right and authority to provide any Feedback submitted by you to Hashable, that such Feedback does not violate the intellectual property rights of any third party, and that you accept sole responsibility for the accuracy, appropriateness, and legality of such Feedback.
(c) You shall not post any Content that you want maintained in confidence, including confidential information of a third party.
HASHABLE DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, COMPLETENESS, ACCURACY OR RELIABILITY OF THE CONTENT OR ANY COMMUNICATIONS POSTED VIA THE SERVICE. HASHABLE SHALL NOT BE OBLIGATED MONITOR OR MODERATE CONTENT SUBMITTED BY YOU OR OTHER USERS ON OR THROUGH THE SERVICE. HASHABLE HAS NO SPECIAL RELATIONSHIP OR FIDUCIARY DUTY TO YOU. UNDER NO CIRCUMSTANCES SHALL HASHABLE BE LIABLE FOR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS CONTAINED IN SUCH CONTENT. ALL INFORMATION, DOCUMENTS, CONTENT, TEXT, DATA AND OTHER MATERIALS PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SPECIFICALLY, BUT WITHOUT LIMITATION, HASHABLE AND ITS THIRD PARTY VENDORS AND SUPPLIERS DO NOT WARRANT THAT: (i) THE INFORMATION, DOCUMENTS, CONTENT, TEXT, DATA AND OTHER MATERIALS PROVIDED ON OR THROUGH THE SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICE AND ANY OF THE SERVER(S), NETWORKS OR INFRASTRUCTURE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. ALL INFORMATION, DOCUMENTS AND MATERIAL PROVIDED ON THE WEBSITE ARE SUBJECT TO CHANGE. HASHABLE PERIODICALLY ADDS OR UPDATES THE INFORMATION AND DOCUMENTS ON THE SERVICE WITHOUT NOTICE. IT IS THE USER'S RESPONSIBILITY TO ASCERTAIN WHETHER ANY INFORMATION DOWNLOADED FROM THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER ITEMS OF A POTENTIALLY DESTRUCTIVE NATURE.
UNDER NO CIRCUMSTANCES SHALL HASHABLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE INFORMATION AND MATERIALS CONTAINED THEREIN, EVEN IF HASHABLE HAS BEEN OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HASHABLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS YOU PAID TO HASHABLE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
You agree to indemnify, hold harmless and defend Hashable and its officers, directors, employees, affiliates and agents from and against any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from any claims that arise out of or relate to your use of, misuse of, or access to, the Services, or otherwise arise out of or relate to Content submitted by you, any violation by you of the TOS, or any infringement by you of any intellectual property or other right of any person or entity. In addition, you agree to indemnify, hold harmless and defend Hashable and its officers, directors, employees, affiliates and agents from and against any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from any claims that arise out of the acts and omissions of any third party using the Service through your account. Hashable reserves the right to assume the exclusive defense and control of any claim or matter that is or would otherwise be subject to indemnification by you, in which event you will assist and cooperate with Hashable, Inc. in asserting any available defenses. You may not enter into any settlement or agreement that affects the rights of Hashable without Hashable's prior written consent.
When you submit, post or display Content through our Service, you are granting Hashable and any third-party service providers and partners, a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods. You represent and warrant that: (a) you own or otherwise control all rights in and to all such Content, or that the Content is in the public domain, (b) that you have full authority to submit such Content and to grant the foregoing license set forth herein; (b) you shall pay all royalties and other amounts owed to any person or entity due to your submission of such Content; (c) such Content and any display thereof on or through the Service does not and will not infringe or violate the rights of any third party, including without limitation any copyright, trademark, privacy , publicity, contract, statutory, common law or any other rights. The Content that you submit may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media. Up Company does not claim any ownership of the Content that you submit, post, or display through our Service. You retain any and all rights to the Content that you submit and you are solely responsible for protecting those rights.
Subject to exceptions as noted on these TOS, you may reproduce, distribute, or publicly display content available on the Website provided that: (i) you are solely responsible for compliance with all applicable copyright and intellectual property laws with respect to such reproduction, distribution or display; (ii) such reproduction, distribution or display is made solely for personal, non-commercial purposes; and (ii) you provide proper sourcing is provided, as follows:
Proper Sourcing: For any content that is reproduced from the Service, you are required to provide a link to the specific user profile or other page on the Website on which such content was located. For example:
Source: <a href="http://www.hashable.com" title="Hashable"> Hashable </a>
Source: Hashable
or
Source: <a href=http://www.hashable.com/profile/JOHNSMITH" title="John Smith Hashable Profile"> Hashable </a>
Source: Hashable
Hashable reserves the right at all times to revoke, remove or refuse distribution of any content available or formerly available on the Service.
Copyright (C) 2010 Hashable, Inc. All rights reserved.
The Service is the property of Hashable and its affiliates and/or licensors as a collective work and/or compilation, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Such information must only be used for personal, non-commercial purposes. By way of example only, and not as a limitation, "Hashable", "Hashable" and the Hashable logo are service marks and of Hashable under the applicable laws of the United States and other countries. All other product names are trademarks or registered trademarks of their respective owners.
Hashable will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that you have a good faith belief that your Content is being displayed on or through the Service in a manner that constitutes copyright infringement and send to Hashable a properly submitted copyright notice as indicated below, Hashable will investigate, and if it determines, in its discretion, that the material is infringing, Hashable will remove the content and may terminate the user's access to the Service in the case of repeat infringers. All notices claiming an infringement of your copyright rights must contain the following: (a) Identification of the intellectual property right that is allegedly infringed. Please include any relevant registration numbers, or a statement concerning your ownership of the work. (b) A statement specifically identifying the location of the infringing material, with enough detail that we may find it on the Service. Please note: it is not sufficient to merely say that it is on www.hashable.com. (c) Your complete name, address, telephone number and e-mail address. (d) A statement stating you have a good faith belief that the use of the material is not authorized by the owner of the rights, their agents, or by law. (e) A statement that the information contained in the notification is accurate, and under the penalty of perjury, you are authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed. (f) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Hashable's copyright agent for notice of alleged copyright infringement is:
Hashable, Inc.
Attn: Copyright Agent
134 5th Ave, Floor 3
New York, NY 10011
Email: copyright@hashable.com
HASHABLE MAKES NO REPRESENTATION THAT INFORMATION ON THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THE SERVICE FROM OUTSIDE THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
These Terms and conditions are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in New York, New York, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of New York. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Hashable shall be entitled to seek injunctive relief, security, or other equitable remedies from the state and federal courts located in New York County, New York or any other court of competent jurisdiction.
If any part of these TOS is unlawful, void, or unenforceable, that part will be limited or eliminated to the minimum extent necessary so that the TOS will otherwise remain in full force and effect. Except as expressly stated in this Agreement, no representations, statements, consents, waivers or other acts or omissions by Hashable shall be deemed legally binding on Hashable, unless memorialized in a written instrument and signed by a duly appointed officer of Hashable. These TOS constitute the entire agreement between the parties relating to the subject matter herein and supersede all prior or contemporaneous communications (whether oral, written or electronic) between you and Hashable with regards to the Service. Hashable may, at its sole discretion and without notice, revise these TOS at any time by updating this posting. Your continued use of the Service following such posting shall indicate your acceptance of such updated TOS. You may not assign or delegate any rights or obligations under the TOS. Any purported assignment and delegation shall be ineffective and void ab initio. Hashable may freely assign or delegate all or some of its rights and obligations under the TOS without notice to you. You may under no circumstances seek or be entitled to any injunctive or other equitable remedies with respect to the Service or any content made available through the Service. No agency, partnership, joint venture, or employment relationship is created as a result of these TOS. Neither party has any authority to bind the other party in any manner. Hashable shall have no liability for its failure to perform any portion of the Service or these TOS due to causes beyond its reasonable control, including, but not limited to, labor disputes, civil commotion, war, acts of terrorism, governmental regulations or controls, casualty, inability to obtain materials or services, black-outs, power failures, system failures, or acts of God. The captions in these TOS are inserted solely as a matter of convenience and shall not affect the interpretation of these TOS. These TOS shall be interpreted as if jointly drafted by both parties. All sections which by their nature are intended to survive termination or expiration of these TOS shall so survive, including but not limited to Sections 6, 7, 8, 12, 13, 14 and 15. Hashable may send notices to you by means of the email address listed in your user account, and such notices shall be deemed effective upon being sent. All notices by you to Hashable must be provided to Hashable by means of an email to notices@hashable.com, and must be accompanied by an additional hard copy via certified or registered mail (with return receipt requested) or reputable private courier, and such notices will be deemed to have been duly given when received. Hashable's address for notices is:
Hashable, Inc.
Attn.: General Counsel
989 Ave. of the Americas, 16th Floor
New York, NY 10018
United States
Effective: June 4, 2010
