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The TOU constitutes the entire agreement between you and HPEF and governs your use of the services provided on this website, at the Symposium and related to the Symposium (the "Services"), superseding any prior agreements between you and HPEF. You also may be subject to additional terms and conditions that may apply when you use third-party content. The TOU and the relationship between you and HPEF shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and HPEF agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas and the City of Houston. The failure of HPEF to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the HPEF Sites, participation in any HPEF event, or arising out of or related to the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to not use any message board or other forum operated by HPEF:
- To upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- To harm minors (defined under US law) in any way;
- To impersonate any person or entity, including, but not limited to, an HPEF director or officer, or any assignee or agent thereof, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- To upload, post, email, transmit or otherwise make available any Content that has been deemed by a court to constitute patent, trademark, trade secret or copyright infringement;
- To upload, post, email, transmit or otherwise make available any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation without obtaining prior consent from firstname.lastname@example.org (for noncommercial promotion only), except as provided pursuant to any sponsorship agreement entered into by and between HPEF and you;
- To submit, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment;
- To interfere with or disrupt any HPEF Site or any servers or networks used by HPEF, or disobey any requirements, procedures, policies or regulations of networks connected to the HPEF Sites;
- To intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
- To "stalk" or otherwise harass another user;
- If you are under thirteen years of age or are a resident or national of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods;
You expressly understand and agree that:
We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of our site may be interfered with by numerous factors outside of our control; we do not warrant that:
The Services will meet your requirements;
The results that may be obtained from the use of the Services will be accurate or reliable; or
The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations
You expressly understand and agree that HPEF shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HPEF has been advised of the possibility of such damages), resulting from:
- The use of or the inability to use the Services;
- Unauthorized or alteration of your transmissions or data;
- Statements or conduct of any third party on the Services;
- Participation in the Symposium;
- Any other matter relating to the Services;
- Any services provided by any third party website linked to from the HPEF Sites, including but not limited to any services provided by Cvent, PayPal, CafePress, Yahoo, Yahoogroups, LiveJournal, MySpace, and/or Facebook.
You agree to indemnify and hold HPEF, and its subsidiaries, affiliates or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the HPEF Sites, your use of the HPEF Sites, your connection to the HPEF Sites, your use of the TOU, or your violation of any rights of another.
You agree that HPEF shall not be liable to you or any third-party for any termination of your access to the HPEF Sites.
HPEF services are not provided for individuals under the age of thirteen, in compliance with the United States Federal Trade Commission regulations regarding online privacy and protection issues for children under 13, and accordingly, if you submit Content to HPEF, you affirm that you are over thirteen years of age. If HPEF learns that any posts have been made by any individual who was under 13 at the time of posting, said posts will be removed from public view.
HPEF and its related sites are designed for adults. We do not knowingly solicit or collect information from children who are 12 or younger, and we do not accept registrations for the Symposium from children who are 17 and under without the assent of a parent or guardian.
By your registration in and participation on the Services, including but not limited to your reciept of emails sent by or through Portus 2008 you affirm that the email address that you include in your Portus registration and any subsequent email address(es) you use on Portus 2008 or on any Yahoogroup or other Mailing List controlled in whole or in part by HPEF and/or Portus 2008, is not listed in the Child Protection registry in the state of Utah, the state of Michigan, or any other state, municipality or jurisdiction.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the HPEF Sites, or access to the HPEF Sites, without the permission of HPEF.
HPEF reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that HPEF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
HPEF may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HPEF has no control over such sites and resources, you acknowledge and agree that HPEF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other on or available from such sites or resources. You further acknowledge and agree that HPEF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You are responsible for obtaining access to the HPEF Sites and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the HPEF Sites.
The Internet is global in scope, and you may be able to access HPEF Sites from outside the United States. You therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You understand that all Content, including but not limited to registration information submitted with regard to the Symposium, submission information provided by you that concerns or regards participation as a speaker, panelist or participant in any portion of the Symposium, data, text, graphics, messages or other materials, are the sole responsibility of the persons from which such Content originated. This means that you, and not HPEF, are entirely responsible for all Content that you submit, post, email, transmit or otherwise make available via the HPEF sites. You understand that by using HPEF Sites, and/or attending the Symposium, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HPEF be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via any HPEF services.
You understand that the technical processing and transmission of any HPEF services, including your Content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that HPEF is not obligated to pre-screen Content and does not review Content for purposes of compliance with the TOU, and that except as provided in the section entitled MESSAGE BOARDS herein, HPEF and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content and/or block access by the public to any Submission that violates the TOU or is otherwise objectionable without notice.
HPEF does not claim ownership of or copyright in your Content. However, with respect to Content which you submit to HPEF, you grant HPEF a world-wide, royalty free and non-exclusive license to use, compile, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the HPEF Sites solely for the purposes of arranging, promoting, conducting and facilitating the Symposium and related activities, and the maintenance of any website owned or controlled by HPEF. HPEF grants you a limited license to access and make personal use of this site, except that you cannot download (other than page caching) or modify it, or any portion of it, except with express written consent of HPEF. This license does not include or allow any resale or commercial use of this site or its contents. HPEF respects the intellectual property of others, and we ask our users to do the same. 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, please provide HPEF's Copyright Agent with 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 site, including the URL thereof, if available
- Your address, telephone number, and email address if available
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright 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
You acknowledge and agree that HPEF may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process
- Enforce the TOU
- Respond to claims that any Content violates the rights of third-parties
- Protect the rights, property, or personal safety of HPEF, its users and the public
Please use proper English spelling and grammar at all times to the best of your abilities. We cater to users worldwide who may not have English as a first language; we would like HPEF to be accessible to all users, therefore please avoid netspeak, cryptic abbreviations, and erratic word usage.
Do not post Content on the board that you do not have a right to post. This includes, but is not limited to, Instant Messenger logs, private messages, email, pictures, content from other webpages, or other private details. Do not post links to pages containing NC-17 or X-rated content, or post any NC-17 or X-rated material anywhere on the HPEF sites. These actions will result in deletion of such Content, and may result in the suspension of the account of the individual who engaged in such posting.
If you suspect a writer of engaging in copyright infringement, please inform HPEF's Copyright Agent.
Spam is defined as posting the same thing over and over, word for word, in the same thread, forum or in all the forums, or making more than one post advertising an auction, sale, or some other commercial venture that benefits the poster or family of the poster. Also, posting excessively in a short time with posts that normally are only one or two sentences or words, or posts without relevance to the discussion or forum may also be considered spam. Accidental duplicate posts do not constitute spam, and on the message board portions of the HPEF Sites any moderator of any section of the message boards may delete one of the duplicates at their discretion.
Flaming is strictly forbidden. Do not insult or harass other users (based on actual or perceived gender, sexual orientation, age, race, ethnicity, religion, magical status or lack thereof, national origin, political affiliation, Hogwarts House, character preference, or SHIP preference). You're free to post negative comments about someone's opinion, but don't be negative about that someone him/herself. In general, a flame can be defined as being aimed at one particular person or group of persons, and of an insulting or malicious nature. If you do not agree with someone or feel that a person has not studied the subject at hand carefully enough, it is not in order to question someone's intellectual capabilities or post derogatory remarks.
HPEF has the right to move or edit any flame. Threads that degenerate into flame wars will be closed and/or moved. Online violence is strictly forbidden. Do not threaten other users of the HPEF Sites with violence, including, but not limited to, physical or mental hurt or harm, attack, destruction, or death. Threats against third parties are also not tolerated.
Note: This TOU contains language created by TrustE, DMA, TrekToday and FictionAlley, all of which is used with permission. The current version number for the TOU will be in the title of the document, and the date on which the TOU was posted will be listed at the top of the document.