Terms of Use
Date of Last Revision November 16, 2009
Note: You are concluding a Legally Binding Agreement.
1. ACCEPTANCE OF TERMS
These Terms of Use ("Terms") governs the relationship between Clue Hut Members and those who interact with Clue Hut (collectively referred to as "User(s)"). By using or accessing Clue Hut, you agree to comply with these Terms and to abide by any posted guidelines for all Clue Hut services.
If you do not want to become a User, do not submit the Application, do not click "Join Clue Hut" and do not access, view, download or otherwise use any information or services on Clue Hut’s webpage.
Should you object to any condition of the Terms, any subsequent modifications, Clue Hut guidelines or become dissatisfied with Clue Hut in any way, please stop using Clue Hut immediately.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right to change, modify or otherwise alter these Terms at any time at our discretion. Modifications become effective immediately upon posting.
Regularly review this agreement to learn of any changes.
3. SERVICES
Clue Hut provides access to various resources, including services for search and matching Members, forums, blogs, communication facilitation tools, third-party promotional campaigns and networking and promotion across various media and devices, all of which are collectively referred to here as the "Services".
Users acknowledge that Clue Hut specifically approves the featured advertisements, promotions, campaigns and tools, and other related activities on the Clue Hut website for business purposes and therefore continues to provide these services to its Members.
4. PROPRIETARY RIGHTS
Clue Hut Services are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed through these Services is protected by copyright, also as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Clue Hut. Users agree not to reproduce, duplicate or copy content without the express written consent of Clue Hut, and agree to abide by any and all copyright notices displayed. Do not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Clue Hut is a registered mark in the U.S. Patent and Trademark Office.
Clue Hut does not claim ownership of User postings. Users posting to any public area automatically grant Clue Hut an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute that posted content and authorize sublicenses. Posting content to any public area of Clue Hut automatically grants Clue Hut all rights necessary to prohibit any subsequent aggregation, copying, display or exploitation by any party for any purpose.
5. Privacy
Please refer to our Privacy Policy to learn about how you can use Clue Hut to share information with others and how we collect and use your content and information.
6. Shared Content and Information
Please remember: Posting material on a web site makes it readily available to the general public. Once disseminated, no one, not Clue Hut, can control how others will use that material. Therefore, it is very important to carefully consider what is published online. If content must be shared, please do so directly to the individual on secure channels and under an agreement that will help define your rights in respect to your creations.
- Users own all of their posted content and information on Clue Hut. They are responsible for privacy settings on their accounts and otherwise monitoring exposure.
- Users will not infringe or violate someone else's rights or otherwise violate the law.
- Clue Hut can and will remove any content that infringes upon Clue Hut’s, Clue Hut’s Members and Users’ rights.
- Content posted at Clue Hut across all media and under any intellectual property rights ("IP content"), are subject to a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license ("IP License") that allows Clue Hut to use any IP content on or in connection with Clue Hut. This IP License ends when the IP content is deleted or the content has been shared with others. Clue Hut gains the following permission, subject to the Users’ privacy and application settings.
- Deleting IP content is similar to emptying a computer ‘s "recycle bin". Removed content will not be available to others but may persist in backup copies for a reasonable period of time.
- Clue Hut values feedback or other suggestions but, just as Users have no obligation to offer them, we have no obligation to incorporate changes, respond to suggestions or may incorporate them without compensation.
- Clue Hut shall not be responsible or liable for any loss or damage of any sort incurred as the result of abuse of IP content. If there is a dispute between Users, or Users and any third party, Clue Hut is under no obligation to become involved. Users release Clue Hut, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
7. Clue Hut Conduct Guidelines
Clue Hut is dedicated to the free flow of ideas and open communication among Users. In furtherance of that goal, we have laid the following Guidelines to regulate conduct.
Human Relations
Do respect other Users and their expressions.
Do not post content that is hateful, threatening, pornographic, or bullies, intimidates, or harasses others or is defamatory or libelous.
Do not access someone else’s account, use or reveal anyone's sensitive personal or financial information.
Do not make unsolicited contact with anyone for any purpose; "stalk" or harass anyone; collect personal data about other users for commercial or unlawful purposes.
Do not impersonate any person or entity or misrepresents affiliations with a person or entity (lawful non-deceptive parody of public figures is the exception.)
Do not use Clue Hut to do anything unlawful, misleading, malicious, or discriminatory, or make offers or post content that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any posts for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
Do not engage in practices that are false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"
Operations
Do not introduce software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functioning of any computer software or hardware or telecommunications equipment; attempt to gain unauthorized access to Clue Hut’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, our Services.
Do not send or otherwise authorize commercial communications, such as spam, or collect Users' content or information, or otherwise access Clue Hut, using automated means without our permission.
Do not engage in unlawful multi-level marketing, such as a pyramid scheme.
Do not offer any contest, giveaway, or sweepstakes ("promotion") without our prior written consent.
8. Registration and Account Security
To maximize the Clue Hut experience, please secure and maintain your account:
- Monitor contact information, ensuring it is accurate and up-to-date.
- Do not provide false personal information or create an account for anyone else without permission.
- Do not create an account for third party commercial entities to, for example, sell posts or status updates to an advertiser.
- Do not use Clue Hut if you are under 16.
- Do not share passwords, allow anyone access, or do anything to jeopardize the security of the account.
- Clue Hut reserves the right to regulate account names and may, with notice, remove or reclaim them.
9. Mobile
- Clue Hut provides services for mobile phones, but all carrier rates and fees apply.
- Users who change or deactivate mobile telephone numbers must update their accounts within 48 hours to ensure that messages are not sent old numbers.
10. Advertisements Posted on Clue Hut
Clue Hut connects Users to valuable commercial services through advertisements. Users may control this exposure:
- Privacy settings limit how names and profile pictures may be associated with commercial or sponsored content. Subject to these limitations, users give Clue Hut license to use allowed information.
- Information goes to advertisers only with User consent.
11. Special Provisions Applicable to Advertisers
Advertisers have already narrowed down their target audience by buying ads on Clue Hut. Additional terms apply to advertisers:
- When placing an Order, tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
- b) You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
- Your ads will comply with our Advertising Guidelines.
- We will determine the size, placement, and positioning of your ads.
- We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
- We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
- You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
- Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
- We can use your ads and related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with CLUE HUT without written permission.
- We may reject or remove any ad for any reason.
- If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
You warrant that you have the legal authority to bind the advertiser to this Statement.
You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
12. Termination
Users who violate the letter or spirit of these Terms, or otherwise create possible legal exposure for Clue Hut or make further operations untenable for any reason, will be deprived use of all or part of Clue Hut. Notice will be sent by email or the next time the account is accessed. Users may also delete their accounts at any time.
Failure to respond to a breach does not waive Clue Hut’s right to respond to subsequent or similar breaches.
13. Disputes
- Any causes of action, claims or disputes ("claim") with Clue Hut arising out of or relating to these Terms will be resolved exclusively in a state or federal court located in Santa Clara County. The laws of the State of California govern these Terms and any and all claims that arise, without regard to conflict of law provisions. Users agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
- If anyone brings a claim against Clue Hut related to a User’s actions, content or information, that User will indemnify and hold Clue Hut harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- USE CLUE HUT AT YOUR OWN RISK. THESE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE SAFETY OR SECURITY. CLUE HUT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND USERS RELEASE CLUE HUT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIMS AGAINST ANY SUCH THIRD PARTIES. IF A CALIFORNIA RESIDENT, USERS WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR CLUE HUT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR CLUE HUT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CLUE HUT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Special Provisions Applicable to Users Outside the United States
- Users consent to having your personal data transferred to and processed in the United States.
- If located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals, Users will not engage in commercial activities.
15. Miscellaneous
- This Statement makes up the entire agreement and supersedes any prior agreements.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
- Failure to enforce any of part of these Terms will not be considered a waiver.
- Rights or obligations under these Terms are non-transferable to anyone else without our consent.
- Clue Hut may freely assignable all of the rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
This policy is effective as of November 01, 2009.