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Acceptance of the Terms and Conditions of Use
Last updated: July 12, 2017
These Terms and Conditions ("Terms" or "Terms and Conditions") are entered into by you and HackOut Ninja ("us", "we", or "our"). The following Terms and Conditions, together with any documents they expressly incorporate by reference, govern your access to and use of http://www.hackout.ninja website (the "Site" or "Service").
Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you must not access or use the Service.
- By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications at any time by following the unsubscribe link or the instructions provided in any email we send.
- If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
- You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
- We reserve the right to refuse or cancel your order at any time for reason including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
- We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Cancellation and Refunds
- When purchasing any product or service made available through the Site, you have five (5) days after such Purchase to request cancellation of the Purchase and receive a full refund. After the cancellation period ends, all Purchases are final, and all fees paid are non-refundable, even in the event we terminate your Account. Notwithstanding the foregoing, if within the 5-day cancellation period you have someone that “attends” your event through the HackOut registration portal, then your Purchase will be considered final and you will be ineligible for any refund.
Availability, Errors, and Inaccuracies
- We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current, and we are under no obligation to update such incomplete or out-of-date information. Products or services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site.
- We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
-By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use or disseminate such content; (ii) you have the right to grant us the license and rights provided in these Terms; and (iii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, rights relating to any third-party’s proprietary source code, or any other rights of any person or entity. We reserve the right to terminate the Account of anyone found to be infringing or violating any of these rights.
- You retain ownership of and any and all rights in any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us and our affiliates, licensees, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to use, modify, publicly perform, publicly display, reproduce, distribute, transmit, and make derivative works from such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
- We have the right but not the obligation to monitor and edit all Content provided by users.
- In addition, certain Content found on or through this Service is the property of HackOut Ninja or used with permission. You may not use, modify, publicly perform, publicly display, reproduce, distribute, transmit, make derivative works from, reuse, download, repost, or use such Content, whether in whole or in part, for any purpose, without our express advance written permission.
- We respect the intellectual property rights of others and expect you to do the same. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using the Service.
- If you are a copyright owner, or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or through the Site by providing the following information ("Notice") to our Designated Copyright Agent:
1. Identify the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
- Deliver this information to our Designated Copyright Agent:
Upon receipt of this information, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the allegedly infringing material from the Site.
- By creating an Account, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Service. Accounts for persons under 18 years old can only be created by a parent or legal guardian or by an approved educational or other institution. Children under the age of 18 should review these Terms with their parent or legal guardian to ensure that the child and parent or legal guardian understand it.
- You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. Don’t reveal your Account information to anyone else. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. We will not be responsible for any losses arising out of the unauthorized use of your Account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate written authorization. You may not use as a username any name that is offensive, vulgar or obscene.
- We reserve the right to refuse service, disable or terminate Accounts, remove or edit content, or cancel orders in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision in these Terms and Conditions.
- You agree that the Service, including but not limited to our products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by HackOut Ninja and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms without our prior, express written consent. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
- All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by HackOut Ninja and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED BY THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
- HackOut Ninja, the HackOut Ninja logo, and other HackOut Ninja trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of HackOut Ninja in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforementioned trademarks and any use of such trademarks.
Links To Other Web Sites
- Our Service may contain links to third party web sites or services that are not owned or controlled by HackOut Ninja.
- HackOut Ninja does not endorse, has no control over, and assumes no responsibility for any such third-party sites or services, or the content, privacy policies, or practices of any such third-party sites or services. We do not warrant the offerings of any of these third parties or their sites or services.
- You acknowledge and agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that HackOut Ninja 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 your use of or reliance on any third-party sites or services, or the content, goods, or services available on or through any such third-party sites or services.
- We strongly advise you to read the terms and conditions and privacy policies of any third-party sites or services that you visit.
- We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
- If you wish to terminate your account, you may simply discontinue using the Service.
- All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification clauses, and limitations of liability.
- You agree to defend, indemnify, and hold harmless HackOut Ninja, its officers, directors, employees, agents, affiliates, licensees, licensors, and service providers, and their respective employees, contractors, agents, officers, directors, licensors, suppliers, successors, and assigns from and against any and all claims, suits, proceedings, disputes, demands, damages, obligations, losses, liabilities, judgments, awards, costs or debts, and expenses or fees (including but not limited to reasonable attorneys’ fees), resulting from or arising out of (i) any use and access of the Service by you or any person using your Account; (ii) your violation or breach of these Terms, or (iii) Content you post on the Service.
Limitation Of Liability
- In no event shall HackOut Ninja, its officers, directors, employees, agents, affiliates, licensees, licensors, and service providers, and their respective employees, contractors, agents, officers, directors, licensors, suppliers, successors, and assigns be liable for damages of any kind, under any legal theory, including but not limited to warranty, contract, or tort (including negligence), arising out of or in connection with (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or Content, including any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, HackOut Ninja’s liability shall be limited to the extent permitted by law.
- You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
- HackOut Ninja its officers, directors, employees, agents, affiliates, licensors, and service providers do not guarantee, represent, or warrant that (i) the Service will function uninterrupted, securely, or be available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components or destructive code; or (iv) your use of the Service will meet your requirements. You agree that from time to time, we may remove the Service for indefinite periods of time, or cancel the Service at any time without notice to you. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties my not apply to you.
- These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.
- Any suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the United States District Court for the Northern District of Georgia or the courts of Fulton County, Georgia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Such modifications will be effective immediately and incorporated into this Agreement.
- By continuing to access or use the Service after any modifications become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Waiver and Severability
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
- These Terms, together with any documents incorporated herein, constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements between you and HackOut Ninja regarding the Service.
- If you have any questions about these Terms, please contact us at: firstname.lastname@example.org
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Site, register on the Site, place an order, fill out a form, respond to a survey, and in connection with other activities, services, features, or resources we make available on our Site. Users may be asked for, as appropriate, their name, email address, and/or phone number. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site-related activities.
You can review and change your personal information at any time by logging on to the Site and visiting your account profile page.
Non-personal identification information
We may collect non-personal identification information about Users whenever they register, use, or interact with our Site. Non-personal identification information may include certain demographic information including, but not limited to, a User's age, career focus, preferences, gender, educational degrees, and interests. Non-personal identification information may further include information relating to a User's hardware or software, for example, the User’s browser name or type of computer, and may also include technical information about the User’s means of connecting to and accessing our Site, such as the operating system, the Internet service provider(s) utilized, the User’s Internet Protocol (IP) address, and other similar information. From time-to-time we may disclose to third parties certain non-personally identifiable information, including demographic and usage information, that we have collected from you.
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How we use collected information
Pear'd Corp, LLC and HackOut Ninja may collect and use a User's personal information for the following purposes, including but not limited to:
• To run and operate our Site
We may need your information to display content on the Site correctly.
• To improve customer service
Information you provide helps us respond to your customer service requests and support your needs more efficiently.
• To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
• To improve our Site
We may use feedback you provide to improve our products and services.
• To process payments
We may use the information Users provide about themselves when placing an order only to provide service with respect to that order. We do not share this information with outside parties except to the extent necessary to provide the service and/or process the order.
• To send periodic emails
We may use a User's email address to send the User information and updates pertaining to their order. It may also be used to respond to inquiries, questions, and/or other requests.
• To carry out our obligations and enforce our rights
We may use the information to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
How we protect your information
We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized use, access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and any other User data stored on our Site.
Your privacy responsibilities
To help protect your privacy, be sure to:
• not share your user ID or password with anyone else;
• log off of the Site when you are finished with your session;
• take customary precautions to guard against “malware” (viruses, Trojan horses, bots, etc.), for example by installing and updating suitable anti-virus software.
Information collected from children
You must be at least 13 years old to use the Site. No one under the age of 13 may provide any personal information to or on the Site. Pear'd Corp, LLC and HackOut Ninja do not knowingly collect information from children under age 13. If you believe we might have any information from or about a child under the age of 13, please contact us as indicated below. (See the U.S. Children’s Online Privacy Protection Act).
Sharing your personal information
We do not sell, trade, or rent a User's personal identification information to any third party. We may share generic, aggregated demographic information not linked to any personal identification information regarding visitors and Users with our business partners, trusted affiliates, contractors, service providers, and advertisers to support our business and additionally for the purposes outlined above.
We may share your personal information to: (i) comply with any court order, law, or legal process, including to respond to any government or regulatory request; (ii) enforce or apply our Terms and Conditions of use; or (iii) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Pear'd Corp, LLC and HackOut Ninja or our customers or others.
External data storage sites
We may store your data on servers provided by third-party hosting vendors with whom we have contracted.
If a User decides to opt-in to our mailing list, they may receive emails that may include company news, updates, related product or service information, etc. If at any time a User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or the User may contact us via our Site or as indicated below.
Third party websites
Users may find advertising or other content on our Site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control these third-party sites or the content or links that appear on these sites, and are not responsible for the practices employed by websites linked to or from our Site. In addition, these third-party sites or services, including their content and links, may be constantly changing. These third-party sites and services may have their own privacy policies and customer service policies. Browsing and interacting on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Your acceptance of these terms
This document was last updated on July 12, 2017
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