Hipstir: The Community That Works!

Terms & Conditions

Please read these Terms and Conditions of Use carefully before using this website.

Thank you for visiting the Hipstir website (the “Website”), where people “get in the mix”. The Website is owned and operated by Hipstir LLC (“we”, “us” or “our”). The Website is designed to help you meet, mingle and hang with Hipstirs like you. We offer the Website to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Website.

Please read this document carefully before using this Website. By using this Website, you signify your assent to all these Terms and Conditions and any subsequent modifications. These Terms and Conditions (other than the section headings) constitute our complete and binding agreement with you and if you do not accept all of these Terms and Conditions, please exit the Website immediately.

We may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Website because they are binding on you.

General Information Only

ALL CONTENT PROVIDED ON THIS WEBSITE IS GENERAL IN NATURE AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. While it is our policy to provide information that is as accurate as postings of other Hipstirs, we and any other party involved in the preparation of material presented on this Website do not represent or warrant that the information is in every respect accurate or complete. You are encouraged to confirm the information contained on this Website with other sources.

Membership

You must register with us to become a Hipstir and meet, mingle and hang with other Hipstirs on the Website. By registering you represent and warrant to us that you are at least 18 years old. The registration page contains an item which you will have to use to confirm your complete agreement with these Terms and Conditions including but not limited to your representations and warranties as to age and other information about you.

Your membership in Hipstir is for your own use only. You may not assign or transfer your membership to anyone else and you may not allow others to use your membership. Membership is for your personal use and may not be used for any commercial purpose. As an ongoing condition to your membership, you promise, represent and warrant to us and other Hipstirs, every time you use the Website, the following:

The information you are posting is true and accurate at the time when posted;
Nothing you post to the Website infringes or shall infringe upon the rights of any other person or entity, including intellectual property rights; and
You have the absolute right to enter into and comply with these terms and conditions and to post any and all material posted by you on the Website and that your doing any of the foregoing will not interfere with or violate any agreement, contract, covenant or undertaking by which you are bound or constitute an event which with notice and/or passage of time shall constitute an interference with or violation of any such agreement, contract, covenant or undertaking.

Privacy Policy

We are committed to protecting your privacy. You agree to be bound by and comply with our Privacy Policy and any other policies governing the use of the Website that are posted on the Website or provided to you either electronically or otherwise in writing. Our Privacy Policy, as amended from time to time, is incorporated into these Terms and Conditions by this reference. Please read the Privacy Policy carefully as it is binding on both you and us.

Content

You alone are responsible for content you post to the Website. We are not responsible for the opinions or content of others posted on the Website. While we may monitor it and/or remove any or all of it for any reason at any time, we have no obligation to do so. We reserve the right to impose a cap on the number of messages you or other Hipstirs send or post on the Website in any given period of time.

Your Hipstir profile should describe you individually and accurately but generally. It should not contain any phone numbers, street addresses, last names, URL’s, e-mail addresses or other information that could be used to identify you specifically. That is for your own protection. Please be very careful about what you post to the Website about yourself since we cannot be responsible for it or for any consequences of it.

By posting any text or images to any publicly accessible portion of the Website, you grant us a world-wide, royalty free, perpetual, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and display, and prepare derivative works from such text and/or images and to incorporate such text and/or images into other works in any format or medium now known or hereafter developed, and to grant and authorize sublicense of any or all of the foregoing.

If you have a disagreement with any other user of the Website, you must resolve it directly and without our involvement although we reserve the right to monitor and/or mediate any such disagreement.

Hipstirs Don’t

On the Website, or using any information from the Website, you will not:

“frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages or for your own personal review later; each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any password requirement or accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website;
damage or dilute the goodwill associated with our names and trademarks;
create the false appearance that you are sponsored by, affiliated with, or associated with us other than as a Member;
harass or “stalk” anyone or promote harassment or “stalking” of anyone;
impersonate anyone;
infringe on anyone’s intellectual property or other rights;
“hack”, interfere with or disrupt the Website or any servers directly or indirectly connected to the Website or promote any such activity;
conduct or promote any illegal activity or commercial activity;
display or transmit any profane, obscene, pornographic, sexually explicit, defamatory, menacing, threatening, racially derogatory, slanderous, libelous text or images;
transmit mass e-mailings, junk mailings, “spam” or “chain letters”;
solicit any personally identifiable information from anyone younger than age 18; or
remove or obscure any copyright, trademark or other notices of proprietary rights from any portion of the Website.

Even so, it’s possible that others may violate the foregoing prohibitions and that you may be subjected to offensive, objectionable or other prohibited text or images on the Website or that others may obtain personal information about you or your use of the Website and use such information in ways harmful to you. We disclaim any responsibility for such violations or harm.

Disclaimer of Warranties

Neither we nor our employees, agents, third-party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. While we have implemented measures to protect the privacy and security of data, as reflected in our Privacy Policy, we don’t warrant that the Website or its operations are secure and private. If your use of the Website results in personal injury, harm, damage, death, or the need for servicing or replacing property, material, equipment or data, we are not responsible for those consequences or costs. We are not responsible for the acts, statements or omissions of any Hipstir, user of the Website or other person or entity whether or not on the Website. No agent or representative has the authority to create any warranty regarding the Website on behalf of us. We reserve the right to change or discontinue at any time any aspect or feature of the Website.

We don’t assume any liability for the contents of any material provided on the Website. Reliance on any information presented on the Website is at your own risk. We reserve the right to change or discontinue any aspect or feature of the Website at any time.

You acknowledge that, in connection with the Website, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third-party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond our control and jurisdiction. Accordingly, we assume no liability for or relating to the delay, failure, interruption, interception or corruption of any data or other information transmitted in connection with use of the Website.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, COVERING FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OR THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE WEBSITE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEBSITE, ITS SERVICES OR OUR OTHER PRODUCTS OR SERVICES. WE DO NOT GUARANTEE OR OTHERWISE ENSURE THAT ANY PERSON USING THE WEBSITE OR INFORMATION OR SERVICES PROVIDED THROUGH THE WEBSITE WILL ACHIEVE A FAVORABLE OUTCOME IN ANY SOCIAL OR OTHER CONTEXT.

Limitation of Liability

IN NO EVENT SHALL WE OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY PUNITIVE OR EXTRAORDINARY DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OF THE WEBSITE OR SECURITY OR PRIVACY BREACHES RELATED TO THE OPERATIONS OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE LESSER OF TOTAL FEES YOU HAVE PAID US AND U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY SPECIFIED IN THESE TERMS AND CONDITIONS.

Indemnification

You agree to defend, indemnify and hold us, our officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website in a manner that violates or is alleged to violate these Terms and Conditions. We shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

We disclaim any and all liability for your acts, errors and omissions and those of all other users of the Website, whether authorized users or not.

Links

The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by us of the sites, but is for your reference and convenience only. We have not reviewed all of the sites linked to or from the Website and we are not responsible for the content or accuracy of any off-site pages or any other sites linked to or from the Website, nor do we recommend or endorse any specific tests, products or procedures that may be mentioned on or represented on the Website. Using a link to move to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.

Copyrights

We retain full copyright ownership, rights and protection in all material contained on the Website (including all software, HTML code and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works of, transfer, or sell any material contained on the Website without the specific prior written consent of the copyright owner.

You may, however, make single copies of materials displayed on the Website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website.

None of the material contained on the Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, optical, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without our specific prior written consent.

All content of the Website is Copyright ©2003 Hipstir LLC. All rights reserved.

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated on the Website, please notify our Copyright Agent in writing providing the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Copyright Agent can be reached at:

Trademarks

[Hipstir and Get In The Mix are trademarks of ours and are protected by state and federal laws.] Other trademarks may appear on this Website with permission from their respective owners. Your unauthorized use of trademarks appearing on this Website may constitute a violation of law, which could subject you to substantial civil penalties.

Termination

You agree that we may terminate your use of the Website if we, in our sole discretion, reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated our rights or rights of any third party, or for any reason, with or without notice to you. You agree that we may modify or discontinue the Website, with or without notice to you. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation. Either you or we may terminate your membership at any time, for any reason, with or without explanation. Termination will be effective immediately upon sending written notice to the other party.

Survival

The provisions entitled “Limited Express Warranty,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification” and “General Provisions” will survive termination of this agreement.

General Provisions

The Website is operated by Hipstir LLC from its offices in NYC. You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Website (“Legal Action”), shall be in the courts of the County of New York, State of New York. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Southern District of New York. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without regard to conflict of law principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall, to the maximum practicable extent, not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition unless it expressly so states. Any cause of action you may have with respect to us must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Notice

We may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail to your address on record in our account information.

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