www.hubrismodeling.com ("Site")
TERMS AND CONDITIONS OF USE
Welcome to the Site. The Site is provided to you for your personal entertainment, information, education and communication through our featured content and interactive forums on the World Wide Web.
Please read these Terms and Conditions carefully. These Terms and Conditions include our policy for acceptable use of the Site and content posted on the Site, your rights, obligations and restrictions regarding your use of the Site and the Site's Privacy Policy found here.
By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions. You are only authorized to use the Site and its services if you agree to abide by all applicable laws and to these Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of the Site.
We may modify these Terms and Conditions from time to time and such modification shall be effective upon posting on the Site. You agree to be bound to any changes to these Terms and Conditions when you use the Site after any such modification is posted. It is important that you review these Terms and conditions regularly to ensure you are updated as to any changes made. These Terms and Conditions constitute the entire agreement regarding your use of the Site and the services it offers and supercede any such prior terms.
Without limiting any other provisions of this Agreement, you may not use this Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional terms. Your access to this Site may be terminated immediately in our sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or additional terms, including the site's rules, or for any other reason, or no reason. You expressly agree not to:
* Act as an agent, affiliate or representative of the site and utilize this Site or its contents for any commercial purpose other than for which the site is intended without express written permission from the Site;
* Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
* Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure; and
* "frame," "mirror" or otherwise incorporate any part of this Site into any other website without our prior written permission.
Use of Site - Members' Accounts
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify HUBRIS MODELING of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of HUBRIS MODELING.
Refund Policy
HUBRIS MODELING users may have profiles either at a "basic" level (free) or may sign up for a paid membership. HUBRIS MODELING charges membership fees for each paid membership account. Paid membership fees are renewed according to the User's selected renewal options, unless deactivated by the subscribing User. HUBRIS MODELING will automatically charge the membership fee to the User's designated payment method and you authorize us to charge such payment method for the appropriate membership fees and amounts stated. HUBRIS MODELING reserves the right to increase membership fees or to institute new fees at any time, upon reasonable notice posted in advance on this Website. The act of paying fees does not exclude the member from these terms or the site's rules, which must be obeyed by all members.
HUBRIS MODELING does not provide refunds for any membership fees. Downgrades to a less expensive membership or cancellation of any membership will not result in any refund or credit of fees already paid. Membership fees are charged up-front and no refunds or credits will be given upon cancellation or downgrades. The downgrade of a membership will go into effect at the end of your current billing cycle.
Content on the Site
The material on this Site is protected by copyright, trademark, and other applicable laws. Much of the content of this site is owned by individual members of the community and therefore you may NOT modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material belonging to the Site or its members, including but not limited to text, photos, audio, video, code and software. During your visit and in the course of your normal use of the site, you may download or utilize material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site. Neither we nor our staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained on the Site.
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect our views; and we do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviors are strictly prohibited:
* Strong, vulgar, obscene or otherwise harmful language,
* Racially, ethnically or otherwise, objectionable language,
* Harassing, intimidating, stalking or threatening other community members,
* Libelous, defamatory or otherwise tortuous language,
* Online vandalism,
* Impersonation of another person,
* Posting, distributing, transmitting or promoting illegal content,
* Invasion of another's privacy,
* Actions that are hurtful to minors,
* Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
* Posting, providing, transmitting or otherwise making available any junk mail or spam, and
* Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on the Site.
We will fully cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any such information or materials.
PLEASE NOTE: If you produce visual depictions of human beings engaged in sexually-explicit conduct, you may be subject to the name- and age-verification, recordkeeping, and labeling requirements of 18 U.S.C. §2257. You can find more information on 18 U.S.C. §2257 and compliance here.
Intellectual Property
You represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. If at any point you feel that others may be infringing on these rights, please contact us. You may find our contact information in the section on Infringement Policy below.
When you post content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site. Through the action of posting such content (images, text, video, etc) you are also granting the Site a non-exclusive worldwide license to use, copy, publicly display, publicly perform, reformat, translate such User content (in whole or in part) and distribute such content in connection with operation of the Site. This limited license does not grant HUBRIS MODELING the right to sell or otherwise distribute your Content outside of the HUBRIS MODELING Services without the express permission of the rights holder(s).
You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. This Site does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Copyright and Trademarks
Any use of materials on the website, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of HUBRIS MODELING is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of HUBRIS MODELING.
HUBRIS MODELINGTM and HUBRIS MODELING.comTM are proprietary marks of HUBRIS MODELING.com. HUBRIS MODELING's trademarks may not be used in connection with any product or service that is not provided by HUBRIS MODELING, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HUBRIS MODELING.
All other trademarks displayed on HUBRIS MODELING's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with HUBRIS MODELING.
Links
The Site may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource.
Children Online Protection Act Notification
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 at the American Links Up web site, http://www.netparents.org.
Infringement Policy
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we reserve the right, but not the obligation, to terminate your license to use the Site if we determine in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:
Hubris Modeling
1952 Optimus River Road
Calico Rock, AR 72519
admin@hubrismodeling.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.
E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. 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 or on behalf of the person defamed.
Indemnity
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and moderators harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Site or through the Site's services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.
Disclaimers and Limitation of Liability
You understand and agree that the Site is provided "As-Is" and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL THE SITE OR ITS OWNER 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 SITE OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.
If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the laws of the State of Arkansas, 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 California, City of Little Rock. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of Arkansas with respect to such matters. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
www.hubrismodeling.com
December 1, 2009
HUBRIS MODELING Website Privacy Statement
This document was last updated on December 1, 2009.
1. Acknowledgement and acceptance of terms
HUBRIS MODELING is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing HUBRIS MODELING.com, you acknowledge and fully understand HUBRIS MODELING.com's Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.
2. Participating Merchant Policies
Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in HUBRIS MODELING services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.
3. Information We Collect and How We Use It
HUBRIS MODELING collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies.
1. Web Server Logs.
When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
* Your Internet protocol address.
* The kind of browser or computer you use.
* Number of links you click within the site.
* State or country from which you accessed the site.
* Date and time of your visit.
* Name of your Internet service provider.
* Web page you linked to our site from.
* Pages you viewed on the site.
2. Use of Cookies
HUBRIS MODELING may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality..
HUBRIS MODELING reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into HUBRIS MODELING.com a site that relies on third-party cookies).
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.
3. Personal Information Users
Visitors to our website can register to purchase services. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. If you are purchasing a service, we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:
* To fulfill your service requests for services.
* To protect ourselves from liability,
* To respond to legal process or comply with law, or
* In connection with a merger, acquisition, or liquidation of the company.
4. Third Party Advertising
We use third-party advertising companies to serve ads when you visit our website. These companies use non-personally identifiable information regarding your visit to this website and other sites, such as the user IP address, pages viewed, date and time of your visit, and number of times you have viewed an ad (but not your name, address, or other personal information), to serve ads to you on this site and other sites that may be of interest to you. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.
In addition, we use clear GIFs or pixel tags to help manage our online advertising. These clear GIFs enable our ad serving company to recognize a browser's cookie when a browser visits this site. This allows us to learn which banner ads bring users to our website. The information we collect and share through this technology is not personally identifiable.
To learn more about these practices and your choices about not having this information used by these companies please click here.
5. Accessing Web Account Information
We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email to our support attendant -- admin@hubrismodeling.com..
6. Changes to this Statement
HUBRIS MODELING has the discretion to occasionally update this privacy statement. When we do, we will also revise the "updated" date at the top of this Privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.
7. Contacting Us
If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us. admin@hubrismodeling.com
HUBRIS MODELING will use commercially reasonable efforts to promptly respond and resolve any problem or question.
