You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on Hickapedia.
Hickapedia is intended and designed for users 18 years of age and older, and access or use by anyone younger is prohibited.
1. OUR WEBSITE
Hickapedia is an entertainment service, namely, the providing continuing blogs, encyclopedic information, media, and viewer provided content featuring rural American culture, comedy, language, sports, history, and current events via the internet.
You do not have to register in order to visit Hickapedia. In order to access many of the features of Hickapedia, however, you will need to register and create an account. When you register, you may be asked to provide the following information: your full name, your email address, and your Facebook account login.
If you register as a user, you will be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. Hickapedia will never ask you to send your password or other sensitive information to us in an email or to enter it into a website other than Hickapedia. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section 2.
You may maintain and use no more than one account on Hickapedia. You are expressly prohibited from creating or using additional accounts for the purpose of circumventing technology restrictions (security measures) in the posting process or otherwise for posting Content in violation of the TOU. You may not transfer your account to any third party for any reason. In addition, you must create your account personally and manually and you may not create your account by any automated means.
All information provided by you in your registration must be truthful and complete. Hickapedia may suspend or cancel your registration without notice if we have any reason to believe that this is not the case. In addition, Hickapedia may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these TOU, without limiting any other remedies to which we may be entitled.
3. INTELLECTUAL PROPERTY
All trademarks, logos, branding, and copyrightable material on Hickapedia.com, including but not limited to the design features, the text, the images, the organization, the code, the databases, the compilations, and any other content (collectively the “Intellectual Property”) are owned or licensed by Hickapedia. You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, or otherwise use for any purpose any portion of Hickapedia.com or the Intellectual Property without the express written consent of Hickapedia or our licensors as appropriate.
Notwithstanding the foregoing, Hickapedia grants you a limited, nonexclusive license to make a single copy or print-out of any text or other content on Hickapedia.com for your own personal, non-commercial use. Using Intellectual Property on any other website or for any commercial purpose is strictly prohibited.
4. INTELLECTUAL PROPERTY INFRINGEMENT
Hickapedia respects the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify Hickapedia immediately, providing the following information:
(a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Hickapedia.com;
(d) Contact Information. Your address, telephone number, and email address; and
(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
5. POSTING CONTENT
Hickapedia provides registered users the ability to make comments and/or post content (“Content”). If you post or provide Content to Hickapedia for posting, then you are solely responsible for ensuring that your Content is appropriate and is not
(b) in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;
(c) threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, racist, hate speech, pornographic, profane, sexually explicit or indecent;
(d) disclosing another's personal, confidential or proprietary information;
(e) false or fraudulent (including but not limited to false, fraudulent or misleading responses to user posts transmitted via Hickapedia);
(f) malicious (including, without limitation, malware or spyware);
(g) offering, promoting, advertising, or providing links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to Hickapedia would violate these TOU or Hickapedia’s other legal rights;
(h) offering, promoting, advertising or providing links to unsolicited products or services;
constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or
(j) violating, plagiarizing or infringing the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary rights.
You should exercise reasonable care in posting Content to Hickapedia.com, since once posted, such Content will likely be accessible on the Internet in multiple places and you will have no control over who reads such Content. Please do not post personal information about yourself or others that may be sensitive, embarrassing, proprietary, or confidential.
You hereby grant to us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such Content on Hickapedia and on any third party social media web pages built to market, advertise, or promote Hickapedia; to reproduce or store Content on our computers and servers; to make any modifications or reformatting necessary to publish and display the comments or Content (or any portion thereof) on Hickapedia; and to grant sublicenses to third parties. Hickapedia reserves the right to monitor, but does not have an obligation, to prescreen and reject, or to simply remove, any posted Content.
You may not circumvent any technological measure implemented by Hickapedia to restrict the manner in which Content may be posted on Hickapedia or to regulate the manner in which Content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent Hickapedia accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."
It is expressly prohibited for any third party to post Content to Hickapedia on behalf of another. You must post Content only on your own behalf, and you are specifically prohibited from permitting, enabling, inducing or encouraging any third party to post Content on your behalf for any reason.
Furthermore, you are expressly prohibited from posting Content to Hickapedia using any automated means. You must post all Content personally and manually through all steps of the posting process. You are also expressly prohibited from developing, offering, marketing, selling, distributing, or providing an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to Hickapedia for each instance of access to Hickapedia (by any user or other third party) using that automated means.
6. CONDUCT ON HICKAPEDIA
Hickapedia does not control, is not responsible for, and makes no representations or warranties with respect to any registered user or registered user conduct on Hickapedia. You are solely responsible for your interaction with any registered user on Hickapedia. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any other registered user that you interact with directly through or as a result of Hickapedia.
You are also responsible for your own conduct and activities on, through or related to Hickapedia, and, if you create an account on Hickapedia, you are responsible for all conduct or activities on, through or by use of your account.
Hickapedia specifically prohibits the following conduct:
(a) posting or submitting to Hickapedia any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity, or which violate aforementioned Content Guidelines (Section 6);
(b) disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of Hickapedia;
(c) taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on Hickapedia’s infrastructure, servers, data, or network or those of any third party;
(d) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari);
(e) posting or submitting any Content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of Hickapedia or of any computer software, hardware, or telecommunications equipment;
(f) deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of Hickapedia;
(g) aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on Hickapedia;
(h) using any means of automatically searching or mining data from Hickapedia, or in any way attempting to interfere with the proper working of Hickapedia;
(i) stalking, harassing, or threatening any customer or visitor to Hickapedia;
(j) collecting or storing personal information about any customer or visitor of Hickapedia; or
(k) flagging or otherwise seeking removal of any Content on Hickapedia unless (i) you have a personal good-faith believe that the Content violates the TOU, (ii) you have not flagged that specific item of content previously, and (iii) you are not employing any automated means to flag content.
7. OPERATION OF HICKAPEDIA
Hickapedia uses commercially reasonable efforts to maintain Hickapedia.com and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, Hickapedia identifies any bugs, errors, technical problems, or defects, then we will immediately assign technicians to promptly triage and resolve the issue or to find a workaround.
If you become aware of an error, bug, or other technical problem, then you should notify Hickapedia immediately of the incident and provide the following information:
(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
(b) Description of Error Message. The exact wording of any error messages, if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
Hickapedia cannot guarantee that your access to Hickapedia.com will be uninterrupted, or that Hickapedia.com will be available at all times. Hickapedia can assume no liability or responsibility for any delay, interruption, or downtime.
Hickapedia uses commercially reasonable efforts to ensure that Hickapedia.com is protected from viruses and other destructive software, but Hickapedia cannot guarantee that Hickapedia.com will at all times be free from viruses and other destructive software. Hickapedia urges you to use reasonable care in downloading information from Hickapedia. Hickapedia can assume no responsibility for any damage to computer equipment or other property that may result from the use of Hickapedia or as a result of downloading from Hickapedia.
You acknowledge and agree that Hickapedia has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of Hickapedia.com at any time without notice. You further agree and acknowledge that Hickapedia will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
9. THIRD PARTIES
Your business dealings with any third party with whom you connect through Hickapedia.com are solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party linked to our Hickapedia.com. You agree that Hickapedia will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties. You assume the sole risk of loss and liability in doing business with any third parties linked to Hickapedia.com. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.
10. Photosensitive Seizures
A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using Hickapedia.com and consult a doctor about your symptoms.
11. WARRANTIES; DISCLAIMERS
If you submit Content to the Hickapedia.com, you represent and warrant that you own all rights in the material that you submit; that such material will not violate our TOU; that you have the right and authority to convey the rights granted hereunder; that the material is free and clear of any encumbrances or liens and is not subject to any third party agreements or arrangements which would interfere with its use; that the material is not defamatory, obscene, illegal, threatening, harassing, invasive of privacy or infringing of any third party’s rights; and that, if the material is a photo or video, that you have obtained the necessary permissions to enable us to post the Content and that such Content has not been manipulated or altered in any manner so as to distort or misrepresent what is depicted therein.
Hickapedia and all the Content featured therein, including but not limited to home remedies, are intended for entertainment purposes only and should not be construed as constituting educational material, professional or medical advice, or having any other value beyond mere entertainment.
YOUR ACCESS TO, USE OF AND RELIANCE ON HICKAPEDIA AND CONTENT ACCESSED THROUGH HICKAPEDIA IS ENTIRELY AT YOUR OWN RISK. HICKAPEDIA IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, HICKAPEDIA ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO:
(a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF HICKAPEDIA AND CONTENT ACCESSED THROUGH HICKAPEDIA;
(b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF HICKAPEDIA OR CONTENT ACCESSED THROUGH HICKAPEDIA;
(c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF HICKAPEDIA OR CONTENT ACCESSED THROUGH HICKAPEDIA (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON HICKAPEDIA OR IN CONTENT);
(d) YOUR ACCESS TO HICKAPEDIA.COM BEING CONTINUOUS, UNINTERRUPTED, BUG-FREE, ERROR-FREE, VIRUS-FREE, FREE OF DEFECTS, FREE OF TECHNICAL PROBLEMS, OR THAT ANY INFORMATION WILL BE ACCURATE OR COMPLETE;
(e) THE CONTENT OF ANY POSTINGS AND FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED IN ANY POSTING ON HICKEPEDIA.COM; OR
(f) ANY ACTIVITY OR LOSS DURING A PERIOD OF AN ACCOUNT BREACH.
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers to implied warranties may not apply.
12. LIMITATIONS OF LIABILITY
HICKAPEDIA SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON HICKAPEDIA OR CONTENT ACCESSED THROUGH HICKAPEDIA BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO HICKAPEDIA OR CONTENT ACCESSED THROUGH HICKAPEDIA, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF HICKAPEDIA OR ANY HICKAPEDIA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF HICKAPEDIA OR CONTENT ACCESSED THROUGH HICKAPEDIA; ANY INABILITY TO ACCESS OR USE HICKAPEDIA OR CONTENT ACCESSED THROUGH HICKAPEDIA; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF HICKAPEDIA OR CONTENT ACCESSED THROUGH HICKAPEDIA.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF HICKAPEDIA OR CONTENT ACCESSED THROUGH HICKAPEDIA (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON HICKAPEDIA AND LINKS IN CONTENT ACCESSED THROUGH HICKAPEDIA).
To the maximum extent permitted by applicable law, you hereby release Hickapedia and each of its officers, members, managers, employees, independent contractors, representatives, and agents (the “Hickapedia Representatives”) and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Hickapedia or content accessed through Hickapedia, or any interactions with others arising out of or related to Hickapedia or content accessed through Hickapedia. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Our liability to you shall for all claims in no event exceed the total aggregate amount of One Hundred Dollars ($100.00) for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
13. LIQUIDATED DAMAGES
You acknowledge and agree that the following violations of Hickapedia’s TOU will automatically incur the liquidated damages specified below:
(a) Each instance of posting Content in violation of Section 5 above: $100 per each violation; and
(b) Each instance of conduct in violation of Sections 6 above: $1000 per each violation.
You agree to indemnify and hold Hickapedia and the Hickapedia Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of:
(a) Content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive);
(b) Activity that occurs through or by use of your account (including, without limitation, all Content posted or transmitted);
Your use of or reliance on any user content;
Your violation of the TOU;
(e) Your own conduct or activities on, through or related to Hickapedia, and related to or arising out of any conduct or activities on, through or by use of your Hickapedia account, if any; or
(f) Your interactions with any third party with whom you connect through Hickapedia.com.
This indemnification obligation includes the obligation to pay any attorneys' fees and costs incurred by Hickapedia or Hickapedia Representatives.
15. FEEDBACK; IDEA SUBMISSIONS
Hickapedia encourages feedback and welcomes all feedback about Hickapedia.com. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that Hickapedia may use any such feedback to make improvements to Hickapedia.com at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about Hickapedia.com, you grant to Hickapedia an exclusive, perpetual, royalty-free, transferable, worldwide, license with the right to grant sublicenses to use, display, copy, publish, republish, and incorporate your idea into our Intellectual Property.
You agree that Hickapedia may assign these TOU without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of its business. No waiver of any breach of the TOU, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these TOU is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these TOU, which are to remain in full force and effect. The TOU constitute the entire agreement between you and Hickapedia with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these TOU. Other than Hickapedia Representatives (who are expressly included as named third party beneficiaries of the TOU), there are no third party beneficiaries to the TOU.
17. GOVERNING LAW; DISPUTE RESOLUTION
These TOU shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in Washington County, Maryland by one arbitrator mutually agreed upon by you and Hickapedia in accordance with the aforementioned Rules You acknowledge and agree that, in the event that you initiate any proceeding, you will be solely responsible for all costs and expenses of arbitration, including administrative and arbitrators’ fees. In the event that we initiate any proceeding, we will be solely responsible for all costs and expenses of arbitration, including administrative and arbitrators’ fees. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred from filing such claim.
18. CONTACT US
19. EFFECTIVE DATE
These TOU were last modified on the 7 of January, 2013.