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Hexagon Terms of Use and Service

Date: 2009/07/22

THIS IS A LEGAL CONTRACT.

These Terms of Use and Service (“Agreement”) is a legal agreement between you, an individual or another entity you represent and bind (“you”, “your”), and Zeta Networks Inc. (“we”, “us”, “our”), who operates and provides you access to www.hexagon.cc website (or “Site”). This Agreement sets out the terms that describe your rights and obligations and ours regarding the Site.

By using the Site, you represent and warrant that you have read, have understood, and have the legal capacity to accept, and hereby accept, all the terms of this Agreement as legally binding on you. Conduct yourself accordingly. If you do not agree completely with this Agreement, then immediately stop using the Site.

THE LEGAL BASICS.

You retain whatever rights you have in any content you post on the Site. You must respect others and their rights. For examples,you must not post any content to which you do not have the appropriate rights; and you must not post obscene, hateful or defamatory material.

YOU MUST BE OLD ENOUGH.

We do not knowingly collect, solicit or maintain personally identifiable or non-personally identifiable information on the Site from persons under 13 years of age.No part of the Site is directed to such persons. No one under age 13 is allowed to use the Site or post any personal information to or on the Site. If you are less 13 years of age, then do not send any information about yourself to us and do not use the Site. If you believe that we might have any information from or about a user under age 13, immediately contact us at legal@hexagon.cc. If you are between the ages of 13 and 18, you must first have your parent’s permission to use the Site; and if you additionally want to become a member of a group on the Site, your parent must complete the member registration process.

Use of the site

1. Group(s) membership.

You register for membership in a Group(s) to enjoy more functionality and access to the resources of the Site. You must register with a username and password of your choice (your “account”). You may advantageously provide your email address but are not required to be a member of a Group.

Note the following:

We may disallow or remove a particular username at our sole discretion.
Never use another’s account.
Never share your password with another.
You are solely and completely responsible for all uses of the Site that occur with your account and for confidentially maintaining your password.
Notify us immediately of any unauthorized use of your account or any other breach of security immediately upon becoming aware. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses and others’ losses due to such unauthorized use.
Accounts are to be used only for personal use and enjoyment and for no other purpose. Purposes that are (directly or indirectly) related to commercial gain or legal processes are NOT allowed.
You may not use automated means (including spiders, robots, crawlers, data mining tools, or the like) to sign on, use, or receive information through or on the Site.

2. Member Content

“Member Content” is any content that you or other Group members post on, store, or exchange through the Site. We do not claim any ownership rights in any Member Content.

Your Member Content is yours and/or those you obtained licences from, and you and/or they continue to retain all ownership rights therein. This means that you, and not us, are entirely responsible for all Member Content that you post to the Site. To the extent that we provide you with an opportunity to post, store and exchange Member Content with others, you agree to and hereby do grant, and you represent and warrant that you have the right to grant us and all the users of the Site, an irrevocable, non-exclusive, royalty-free, sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to create derivative works of, or incorporate into other works, such Member Content on the Site, subject to prior licensing limits, if any. This license continues without a fixed term until when you delete your Member Content or your account (except to the extent your Member Content has been shared with others and they have not deleted it). This license does not grant us the right to sell Member Content or otherwise distribute it outside of the Site; provided, however that streaming of content on third party Web sites via embedded widgets shall not be deemed a distribution outside of the Site.

Member Content posted by users is not reviewed by us. Accordingly, we do not guarantee the accuracy, integrity or quality of such Member Content. We have the right (but no obligation) to reject, refuse to post, or otherwise monitor any and all Member Content, and may remove Member Content that we, in our sole discretion, consider to be inconsistent with our vision and image and/or in violation of this Agreement. In addition, we have the right to remove any content if we reasonably believe may violate the rights of a third party or subject us to liability.

We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not constrain or dictate our response to a future complaint. You acknowledge and agree that we neither assumes nor have any liability for any action or inaction by it with respect to any Member Content.

3. Intellectual Property Rights in respect of Member Content

You acknowledge that third parties’ content (including Member Content posted or transmitted on or through the Site) may be protected by copyrights, trademarks, service marks, or other proprietary rights and laws. We respect copyright laws (in respect of both the content owners and the public i.e. exclusive rights and fair use/fair dealings) and you must do the same. Member Content identified as belonging to a third party may be transmitted on the Site so long as you obtain permission first and the ownership and rights are clearly indicated. You must not post any content in which you do not have the appropriate rights to do so. We will not tolerate known violations or misbehavior. We will limit the Site use of known repeat violators. In addition, creating derivative works, unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the copyright holders’ rights – you should obtain legal advice.

If you believe that your work has been copied in violation of intellectual property laws, notify us at legal@hexagon.cc and in the case of the copyright laws, also follow the notification and take-down procedure set out at http//hexagon.cc/copyright

4. Our Intellectual Property Rights

All content (with the exception of Member Content) of the Site including design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are Copyright © 2009 Zeta Networks Inc. and/or the proprietary property of our suppliers, affiliates, or licensors, and may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including the display and distribution of the material via third party Web sites or other networked computer environment) without our prior written consent and/or our licensors. Any rights not expressly granted herein are reserved.

The mark HEXAGON and the logo are our trademarks and service marks, and may not be copied, imitated, or used, in whole or in part, without our prior written consent. Other product and company names may be trade or service marks of their respective owners.

5. Standards of Conduct

We may limit your Site use and for which (you agree) you may suffer loss without right of compensation from us. Without limitation, we reserve the right to limit your Site use if, in our view, you violate any of the following prohibitions. You must NOT:

use the Site for any activity that violates applicable federal, provincial, state, local or international law, or for any unlawful purpose.
use the Site for any activity that constitutes harassment of another user or us.
attempt to interfere with any other person’s use of the Site.
use any other user’s personal information for purposes other than establishing contact that is reasonably expected to be welcomed by such other user.
impersonate any person, whether celebrities, political figures, cartoon characters, or otherwise, or misrepresent their identity.
create a false or misleading identity of, or falsely state or otherwise misrepresent, your affiliation with, a person or entity.
hold yourself out as sponsored by, endorsed by, or affiliated with us.
use the Site for uploading, posting, emailing, transmitting, disseminating, or otherwise making available unauthorized commercial communications such as junk mail, spam, chain letters, pyramid schemes, unsolicited or unauthorized commercial advertisements or promotional materials, or any other form of commercial solicitation.
use the Site to collect or harvest personally identifiable information.
use the Site for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material hat infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of others.
use the Site for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
use the Site for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material that are harmful to children in any way.
use the Site for uploading, posting, emailing, transmitting or otherwise making 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 software or hardware or telecommunications equipment.
attempt to gain unauthorized access to our database or other computer systems or to circumvent, disable or otherwise interfere with security-related features on the Site or features, if any, that prevent or restrict use of any Member Content.
reformat or frame any portion of the Web pages of the Site.
use the Site for any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site.
use the Site or any Member Content that is not yours, for any purpose other than personal enjoyment, i.e. for no legal or commercial gain.

6. Violations of Agreement

Report violations of the standards of conduct, improper account use, identity theft, and all other violations of this Agreement, to legal@hexagon.cc. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Representations and Warranties

You represent and warrant that:

You are at least the age of majority and have the legal capacity to form a legally binding contract under applicable law; or
If you are not at least the age of majority, then you are at least 13 years old, and you have your parent ’s permission to use the Site.

Privacy and Security

Protecting your privacy is your responsibility. Be careful what you post about yourself – any information you post on the Site is, in principle, viewable by everyone on the Web. For your own safety, do not post any information that can be used by strangers to identify you.

To operate the Site, we do not require any of your personal information.

User Provided Information: If you wish to be a Group Member, you have the option (i.e. you are not required) to provide us your email address.
Cookies Information: We use persistent and session cookies.
Log File Information: We create Log Files and maintain them (for a reasonable time for system diagnostic maintenance purposes). We do not consider an IP address, by itself, as “personally identifiable information” but out of an abundance of caution, we treat it with sensitivity.

For backup purposes, we store your account (Group member registration information of username and password, and if provided, email address).

We employ the following industry standard security measures to protect the loss, misuse and alteration of the information under our control:

secure connections using SSL to safeguard information when transmitted from your Web browser to the Site.
security controls to restrict access to databases storing personally identifying information.
encryption for sensitive personal information, such as email addresses.
restrict employee access to databases containing personal information and impose confidentiality requirements on employees who do.
bind contractors with contractual, technical and organizational measures to protect your personal information.

When We Disclose Personal Information

To the extent, if any, that we have personally identifiable information about you, we will share it with third parties only:

when we have a good faith belief (after obtaining appropriate legal advice) that it is necessary pursuant to due process of law (e.g. a court subpoena).
at our sole discretion, where we deem necessary to protect the safety of any individual or the public.

We also share non-personally-identifiable information (such as anonymous Log File information) with interested third-parties to assist them in understanding the usage patterns of the Site.

You have the right and (we provide you) the control to delete or revise your account-specific information at any time. But you further acknowledge and agree that we may preserve any personal information it may have of you if required by due process of law or in the good faith belief that such preservation is necessary for legal purposes.

We use industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the Member Content in Groups in a way that is secure and not available to the public, in particular, and to protect the Site generally from hacking and other malfeasance, we cannot guarantee complete security against “hackers” from illegally accessing or altering your Member Content.

Disputes

If there is a dispute between users or between users and any third party, you understand and agree that we are not obliged to become involved. If you have such a dispute, you hereby release us (including our officers, employees, agents and successors) 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 the Site. You expressly waive, and relinquish all rights and benefits of, all laws that limit the generality of the release, even if we knew of or suspected the existence of, possible claims against us.

Disclaimer of Warranty and Condition

We intend the information on the Site (other than Member Content) to be accurate. But errors happen. We cannot guarantee that the Site will be “virus-free” and “safe”. But we will try hard to keep it safe.

WE PROVIDE THE SITE (AND ASSOCIATED SOFTWARE AND HARDWARE) TO YOU “AS IS” AND WITHOUT REPRESENTATION, CONDITION OR WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES AND CONDITIONS FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES AND CONDITIONS FOR ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES AND CONDITIONS FOR VIRUSES OR OTHER HARMFUL SOFTWARE AND COMPONENTS IN CONNECTION WITH THE SITE. Some jurisdictions do not allow the disclaimer of implied warranties and/or conditions. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties and conditions.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF YOUR USE OR MISUSE OF THE SITE, OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, REVISION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, ANY INTERACTIONS BETWEEN USERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Indemnification

You agree to indemnify and hold us (and our affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers) harmless from all damages and expenses (including attorney’s fees) in respect of any dispute arising from or in any way related to your violation of this Agreement.

Term and Termination

The term of this Agreement begins upon your first use of the Site. However, if you fail to fulfill any of your material obligations under this Agreement, then this Agreement and all licenses and rights granted to you hereunder will terminate immediately, and you agree that you will promptly discontinue use of the Site. What is a “material obligation” is what we have sole discretion to decide.

You agree that we, in our sole discretion, have the right (but not the obligation) to limit your Site use, and that we will not be liable to you or any third-party for any such limit. Further, you agree not to attempt to use the Site after we limit your Site use.

Upon termination of this Agreement, the provisions hereof which by their nature should survive, shall survive termination of the Agreement.

Revisions

We reserve the right (and you acknowledge our right) to revise this Agreement and the Site at any time, for any reason, or for no reason, with or without notice, at our sole discretion, and that we will not be liable to you or to any third party for any such revision (including suspending or discontinuing the Site).

You can find all versions of this Agreement (current and prior) at http://hexagon.cc/terms_of_use. Revisions are effective immediately upon their posting to the Site and are dated accordingly. Therefore, whenever you use the Site, check for revisions. Your continued use of the Site following the posting of revisions will constitute your acceptance of the then current revised Agreement.

You acknowledge that we reserve the right at any time to revise or discontinue the Site (or any features or parts thereof) with or without notice.

If you object to anything in the Agreement (or any subsequent revisions) or become dissatisfied with the Site or us in any way, your only recourse is to immediately: (1) discontinue use of the Site; (2) terminate your Group member account; and (3) notify us of termination.

Your continued use of the Site following the posting of a revised Agreement will constitute your acceptance of it.

General

This Agreement constitutes the entire agreement between you and us and governs your use of the Site, superseding any prior agreements. This Agreement will be governed by the laws of the province of British Columbia, Canada, without giving effect to its conflict of laws provisions, and to the extent applicable, by the federal laws of Canada. Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the law of the province of British Columbia and the federal laws of Canada.

Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. 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 Site or the Agreement must be referred to aforementioned arbitration process within one (1) year after such claim or cause of action arose or be forever barred.
We may give notice to you by email, a posting on our Site, or other reasonable means. You must notify us via email or as otherwise expressly provided. We may broadcast, distribute or display notices or messages on the Site or via email to inform you of changes to us, the Site, or other matters of importance; and such broadcast, distributions or displays will constitute notice to you.
We always appreciate your feedback or other suggestions about the Site but without a confidentiality agreement negotiated and signed by you and us, we may use them without any obligation to compensate you for them.

In case of a change of our ownership or a direct merger with or acquisition by another entity, your information may be transferred to the acquiring entity but only after we give you a reasonable opportunity to remove your information.

Definitions

By “content”, we mean any content including articles, information, materials, data, files, programs, software, designs, configurations, concepts, ideas, communications, videos, opinions, scripts, graphics, photographs, sounds, music, videos, interactive features and other like materials.

By “cookies”, we mean a small text file containing a string of alphanumeric characters that is used to administer the Site and provide a more efficient, tailored and user-friendly experience to you. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your Web browser “Help” directions. A session cookie is temporary and disappears after you close your browser. You can reset your Web browser to refuse all cookies or to signal to you when a cookie is being sent. However, some features of the Site may not function properly if you disable your Web browser’s ability to accept cookies. Our cookies do not contain any personally identifiable information about you.

By “including”, we mean including without limitation or prejudice to the generality of any description, definition, term or phrase preceding that word, and the word “include” and its derivatives will be construed accordingly.

By “limit Site use”, we mean restricting your use of the Site including the deletion or deactivation of your account, blocking your email or IP address, or otherwise terminating your use of the Site (or any part thereof), and removing and/or discarding any of your Member Content within the Site, for any reason, at any time, with or without notice, at our complete discretion.

By “Log File”, we mean the information that our servers automatically record when you use the Site of the nature that your Web browser sends whenever you use any website. This information may include your Web request, the IP address(es) that your request originate from, your browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, content play information, and one or more cookies that may uniquely identify your browser.

By “parent”, we also include guardian.

By “post” we mean post, upload or present on the Site or otherwise make available whether to us, to you or to other users of the Site.

By “streaming”, we mean a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to you in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by you.

By “use” we mean use, access, copy, publicly perform or display, distribute, modify, translate, or create derivative works of the Site or a part thereof.

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