By using the hupitgaming.com web site (“Service”) and all services of the Hupit Gaming (“HG”), you (“User”) are agreeing to be bound by the following terms and conditions (“Terms of Service”). HG reserves the right to update and change the Terms of Service from time to time without notice.
Any new features or components that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time by returning to this page. Violation of any of the terms below may result in the termination of your account. You agree to use the Service at your own risk.
1. You must be 13 years or older to use this Service.
2. Users’ account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted.
3. User must provide his/her legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. A “Registered Account” may only be used by one person – a single login shared by multiple persons or organizations is not permitted.
5. A “Subscriber” or “Elevated Access Account” may only be used by one person.
6. A user must only register one account. Additional accounts of any nature are not permitted.
7. You are responsible for maintaining the security of your account and password. HG cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
8. User is responsible for all content posted and activity that occurs under your account (even when content is posted by others who have used your account).
9. User may not use the Service for any illegal or unauthorized purpose. User must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1. Possible Error. HG and User mutually acknowledge that data entry, communication and storage are subject to human and machine errors, omissions, delays, down time, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage or which may prevent access to the database. Neither party undertakes or accepts any liability whatsoever to the other for errors, omissions, delays, interruptions, or losses, unless caused by that party’s willful misconduct.
2. Monitored Use. HG may monitor User’s use of this website and HG may freely use and disclose any information and materials received from User or collected through User’s use of the website for HG’s own business purposes.
3. Changes. HG may change, suspend or discontinue any aspect of the website at any time, including the availability of any feature, content or component. HG may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability.
4. Copyright. This website and the database are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the website and databases (collectively the “contents”) are only for your personal purposes only. You shall abide by any and all additional copyright notices, information, or restriction contained in any content. You may make 2 copies of any content for personal, internal business use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without HG’s prior written consent.
1. A valid credit card and/or Paypal account is required to create a “Subscriber”, “Donor” or “Elevated Access Account”.
2. The Service is billed in advance on a monthly and/or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/ downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
4. For any upgrade or downgrade in plan level, the payment method that User provided will automatically be charged the new rate on the next billing cycle.
5. Downgrading your Service may cause the loss of content, features, or capacity of your account. HG does not accept any liability for such loss.
1. User is solely responsible for properly canceling any paid or un-paid subscriptions via their subscription list. An email to cancel an account is not considered cancellation unless HG have responded that your account has been closed. A user can cancel a subscription at any time via their subscription list, available through the menu system. A user is also solely responsible for ensuring that their Paypal or other payment gateway has also removed their recurring subscription.
2. All of User content may remain within the website or database to maintain integrity of HG data.
3. If you cancel the Service before the end of a current paid up month, cancellation will take effect immediately and User will not be charged again.
4. HG, in its sole discretion, has the right to suspend or terminate an account and refuse any and all current or future use of the Service, or any other HG service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of the account or access to the account or subscription services, and the forfeiture and relinquishment of all content in the account. HG reserves the right to refuse service to anyone for any reason at any time.
1. HG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the HG website or within the Service or subcription itself.
3. HG shall not be liable to User or to any third party for any modification, price change, suspension or discontinuance of the Service.
1. User’s use of the Service is at User’s sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying accounts or subscribers and is only available via email or web form.
3. User understands that HG uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. User must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, HG, or any other HG service.
5. User agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by HG.
6. HG may, but has no obligation to, remove content and accounts containing content that HG determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any HG customer, employee, member, or officer will result in immediate account termination.
8. User understands that the technical processing and transmission of the Service, including content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. User must not upload, post, host, or transmit unsolicited email, forum topics, private, public or “spam” messages.
10. User must not transmit any worms or viruses or any code of a destructive nature.
11. HG does not warrant that (i) the service will meet User’s specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by User through the service will meet User’s expectations, and (v) any errors in the Service will be corrected.
12. User expressly understands and agrees that the HG 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 HG has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into
through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
13. The failure of HG to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between User and HG and governs User’s use of the Service, superseding any prior agreements between User and HG (including, but not limited to, any prior versions of the Terms of Service).
1. Disclaimer. The website, including the database and all content and functions made available on or accessed through the website is provided on an ‘as is’ and ‘as available’ basis, at the users sole risk. HG makes and user receives no representation or warranty of any kind whatsoever. Further, HG expressly disclaims any express and implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. HG does not warrant that the functions contained in the website or any materials or content will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or other harmful components. HG shall not be held liable for the use of the website or database, including without limitation the content and any errors contained therein.
2. Capacity. User represents and warrants that it has obtained all consents and approvals necessary to enter into this Agreement, including, as applicable, any necessary permission of User’s employer. User represents and warrants that he or she is at least 18 years of age and has all the necessary power, competence and authority to enter into this Agreement, and has provided HG with current, complete and accurate information about himself/herself as required by the application process. User agrees to maintain and update this information as needed to keep it current, complete and accurate.
1. Assumption of Risks. HG shall not be liable for, and User hereby assumes the risk of and shall indemnify and hold harmless HG, its officers, directors, employees, suppliers and authorized agents against, any claim, injury, loss, damage or expense (including attorneys’ fees), either direct or indirect, incurred, made or suffered by User in connection with or in any way arising out of the furnishing, performance, access or use of the database.
2. Waiver. No provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach of the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. The exercise by either party of the rights of termination set forth in this Agreement shall not be deemed to constitute a wavier of any other rights or remedies available to either
party for a violation of the terms of this Agreement or under applicable law.
3. Binding Effect. This Agreement shall be binding upon and inure to the benefit of HG and User and their respective legal representatives, successors, and authorized assigns.
4. Severability. If any provisions of this Agreement shall be prohibited or unenforceable by any applicable law, the provision shall be ineffective only to the extent and for the duration of the prohibition of unenforceability, without invalidating any of the remaining provisions.
5. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of Delaware.
6. Entire Agreement. This Agreement constitutes the entire agreement between HG and User with respect to the subject matter of this Agreement and supersedes all earlier agreements and understandings, oral and written, between the parties.
USER ACKNOWLEDGES THAT HE/SHE HAS READ THE TERMS AND CONDITIONS OF USE AND THAT USER ACCEPTS THE TERMS THEREOF. IF USER DOES NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, USER MAY NOT BECOME A SUBSCRIBER AND ACCESS OR OTHERWISE USE THE WEBSITE OR DATABASE.