Terms of Use

Terms of Use

Your use of this website is subject to certain terms and conditions.  The terms and conditions set forth below (“Terms of Use”), as well as the privacy policy available at http://www.hopeforone.com/psa/index.php/privacy-policy/ (“Privacy Policy”), apply to and govern your use of the Hope For One website (the “Site) operated by Social Systems LLC (referred to herein as “Social Systems”, “us”, “we”, or “our”).  The Privacy Policy is an integral part of these Terms, and is incorporated herein by this reference.  By accessing and using the Site, or by clicking “I Accept” when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy.  If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Site. 

We may modify these Terms of Use and the Privacy Policy at any time, and we will post on the home page of the Site notification of any such modification for at least fourteen (14) days prior to the effective date of the modified Terms of Use or Privacy Policy.  Your use of the Site after the effective date of any modified Terms of Use or Privacy Policy shall be subject to and governed by such modified Terms of Use and Privacy Policy.  Please note that we do not make any assurances that we will keep the Site up and running forever, and we may discontinue operating some or all of the Site at any time in our sole discretion.  Also, please note that any of your individual membership privileges in the Site are subject to termination at any time in our sole discretion, in which case we will have no obligation to you other than to reimburse unused fees, if any, paid by you for such privileges.

By using the Site, you represent and warrant that you are 18 years of age or older.  Your account may be terminated without warning, if we believe that you are under 18 years of age.

Your Use of the Site and Our Provision of Services

This Site and the services and functionality associated therewith (the “Services”) are provided using, in significant part, website functionality and Internet services provided by one or more service providers, including KickApps Corporation, and their respective content providers, business partners, and subcontractors, if any (collectively, the “Service Provider”).

This Site is provided as an interactive and informational resource only; the information and materials contained in the Site are intended solely for the general information of the user.  Nothing contained in the Site is intended to be considered medical advice, to diagnose medical problems, or to take the place of professional medical or mental health care.  Furthermore, you acknowledge and agree that we are not, in providing the Site, agreeing to serve as a “Business Associate” with respect to any “Protected Health Information” (“PHI”) as defined in the Health Insurance Portability and Accountability Act and regulations promulgated pursuant thereto.  You shall refrain from uploading any PHI to the Site or from using the Site or the Services for the storage or transfer of any PHI.

This Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”).  The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Site, or our Service Provider.  The Content is protected by copyright under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  Except as to any rights you have in Content originally posted to the Site by you (“Your Original Content”), you have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use.  No other use is permitted without prior written consent from us or the owner of the Content.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose (other than pursuant to any rights you have in Your Original Content).  The use or posting of the Content (other than Your Original Content) on any other website or in a networked computer environment for any purpose is expressly prohibited.  If you violate any part of these Terms of Use, your permission to access and/or use the Site and the Services automatically terminates and you must immediately destroy any copies you have made of the Content (other than Your Original Content).

Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”).  Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site.  The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider’s reasonable judgment, may damage any goodwill in the Third-Party Trademarks. 

The Site contains links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on or any other aspect of such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding any content located on such External Sites.  In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, for which we and our Service Provider cannot accept any responsibility or liability.

The Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us or our Service Provider.  The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users from the Site by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Site, which in our or our Service Provider’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, (iii) any use of the Site which is unlawful or in violation of these Terms of Use, and (iv) any use of the Site for an illegal or improper purpose.


User Content

The Site may now or in the future permit the submission of Content at the direction of users of the Site (“User Content”) and the hosting, sharing, and/or publishing of such User Content.  You understand that whether or not such User Content is published, we and our Service Provider do not guarantee any confidentiality with respect to any submissions.  In addition, you understand that the default setting is for all submitted User Content to be public and available for all users of the Site  to review and use, and that in fact all users of the Site are encouraged to review any and all available postings, subject to these Terms of Use.     You further understand and agree that we may review any User Content (regardless of any public or private settings) to monitor such content for compliance with the restrictions and other matters set forth in these Terms of Use.

You shall be solely responsible for User Content you submit and the consequences of our or our Service Provider’s  posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize both us and our Service Provider to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use. By submitting the User Content to us, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use. We or our Service Provider may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

In connection with User Content and use of the Site, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) post User Content files that are unreasonably large or that otherwise could interfere with the normal operation and functioning of the Site; or (vi) impersonate another person.  We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content.  We do not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all Content and User Content if notified that such Content or User Content infringes on another’s intellectual property rights. In addition, we and our Service Provider may remove any Content and User Content in our sole discretion and without prior notice.  We or our Service Provider will terminate your access to the Site if we believe you are a repeat copyright infringer as determined under our internal policies and procedures.  We and our Service Provider also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive User Content length or file size.  We or our Service Provider may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and in our sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA“) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): 

(i)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

(ii)  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; 

(iii)  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv)  Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 

(v)  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 owner, its agent, or the law; and 

(vi)  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. 

 

Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use is:

Kurt Trauth

c/o Social Systems, LLC

6110 Oakwood Trail

Email: admin@hopeforone.com

The Service Provider’s designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use is:

Matt Turner

c/o Kickapps Corporation

29 W. 38th Street, 5th Floor

New York, NY 10018

Fax: (212) 730-4561

Email: matt@kickapps.com

For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on the Site. 

Indemnity

You agree to defend, indemnify, and hold Social Systems, our Service Provider, and all of their respective directors, officers, employees, shareholders, and agents (collectively, the “Indemnified Parties”) harmless from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, as a result of or in connection with (i) any actual or alleged use or misuse of the Site or Content by you or by any other person using your membership or account, if any; (ii) any communication or content uploaded or provided to the Site by you or by any other person using your membership or account , if any; or (iii) any breach or threatened breach by you of these Terms of Use.  We or our Service Provider shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.  We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with all reasonable requests assisting our defense of such matter.  YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFICATION OBLIGATION SET FORTH IN THE PRECEDING PARAGRAPH SHALL APPLY REGARDLESS OF WHETHER AND THE EXTENT TO WHICH SOCIAL SYSTEMS OR ANY OTHER INDEMNIFIED PARTY IS NEGLIGENT IN WHOLE OR IN PART. 

As stated above, technology and hosting for aspects of the Site are provided by KickApps Corporation, a Third Party Application Service Provider (”KickApps”).  However, Social Systems controls the content, membership and policy of the Site, including those pages served by KickApps on behalf of the Site.  Notwithstanding anything to the contrary, by participating on the Site you agree to indemnify and hold harmless KickApps on all matters related to your interaction with others using the Site and participation with the Site, including your representation that you are at least eighteen years old.  As such, KickApps is a third party beneficiary to your agreement with the Site as set forth in these Terms of Use.

Disclaimer of Warranty and Limitation of Liability

YOUR USE OF THE SITE THE SERVICES, AND THE CONTENT (INCLUDING ANY USER CONTENT) IS AT YOUR OWN RISK.  WE, OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AFFILIATES, AND LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY,  COMPLETENESS, TIMELINESS, OR RELIABILITY.  NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.

NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR‑FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.  IN SUCH STATES, OUR AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Provider without restriction.

The Site is primarily controlled, operated, and administered by Social Systems from San Antonio, Texas, United States.  Social Systems makes no representation that this Site or any Content therein is appropriate or available for use outside of the United States and its territories.  If you choose to access and use this Site from other locations, you are responsible for compliance with applicable local laws.  You agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.

This agreement shall be governed by United States federal law and the laws of the state of Texas without regard to Texas rules regarding conflicts of laws.  The exclusive venue and jurisdiction for any and all disputes arising out of or relating to this agreement shall be the state and federal courts located in Bexar County, Texas.  You waive all objections to venue and personal jurisdiction with respect to such disputes in those courts.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.  Failure by us or our Service Provider to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use.  No waiver shall be effective against us or our Service Provider unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by the us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.