Site Terms and Conditions

Hall of Fame Media, LLC, aka “The Hall of Fame Network” or “HOFN” ("HOFN" or "we") provides a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends through its HOFcommunity website (the "HOFcommunity"). The services offered by HOFN include the HOFcommunity, the HOFN Internet messaging service, and any other features, content, or applications offered from time to time by HOFN in connection with the HOFcommunity (collectively, the "HOFN Services"). The HOFN Services are hosted in the United States of America.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the HOFN Services and Content posted on the HOFcommunity. By using the HOFN Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the HOFcommunity) or you are a "Member" (which means that you have registered with HOFN on the HOFcommunity). The term "User" refers to a Visitor or a Member. You are only authorized to use the HOFN Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the HOFcommunity and discontinue use of the HOFN Services immediately. If you wish to become a Member, communicate with other Members and make use of the HOFN Services, you must read this Agreement and indicate your acceptance during the Registration process.

In order to participate in certain HOFN Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the HOFN Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

HOFN may modify this Agreement from time to time without notice to you and any modification shall be effective upon the posting by HOFN on the HOFcommunity. You agree to be bound to any changes to this Agreement when you use the HOFN Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on the HOFcommunity and that you provide to other Users. Your HOFcommunity profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and HOFN assumes no responsibility or liability for this material.

1.      Reservation of Rights. HOFN reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the HOFN Services at any time, for any or no reason, with or without prior notice, and without liability.

2.      Eligibility. Use of and Membership in the HOFN Services is void where prohibited. By using the HOFN Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the HOFN Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning to you, if we believe that the registration information you submitted is not truthful or accurate or that you are under 14 years of age.

3.      Term. This Agreement shall remain in full force and effect while you use the HOFN Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. HOFN may terminate your membership at any time, without warning to you. Even after your membership is terminated, this Agreement will remain in effect, including Sections 5-17 below.

4.      Fees. You acknowledge that HOFN reserves the right to charge for the HOFN Services and to change its fees from time to time in its discretion. If HOFN terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

5.      Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify HOFN immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

6.      Non-commercial Use by Members. The HOFN Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HOFN. Illegal and/or unauthorized use of the HOFN Services, including collecting usernames and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the HOFcommunity is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in the termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the HOFN Services.

7.      Proprietary Rights in Content on HOFcommunity.

a.       HOFN does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the HOFN Services. After posting your Content to the HOFN Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the HOFN Services, you hereby grant to HOFcommunity a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the HOFN Services.

b.      Without this license, HOFN would be unable to provide the HOFN Services. For example, without the right to modify Member Content, HOFN would not be able to format Content submitted by Members to satisfy technical requirements. The license you grant to HOFN is non-exclusive (meaning you are free to license your Content to anyone else in addition to HOFN), fully-paid and royalty-free (meaning that HOFN is not required to pay you for the use on the HOFN Services of the Content that you post), sublicensable (so that HOFN is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the HOFN Services), and worldwide (because the Internet and the HOFN Services are global in reach). This license will terminate at the time you remove your Content from the HOFN Services. The license does not grant HOFN the right to sell your Content, nor does the license grant HOFN the right to distribute your Content outside of the HOFN Services.

c.       You represent and warrant that: (i) you own the Content posted by you on or through the HOFN Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the HOFN Services does not violate any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the HOFN Services.

d.      The HOFN Services contain Content of HOFN ("HOFN Content"). HOFN Content is protected by copyright, trademark, patent, trade secret and other laws, and HOFN owns and retains all rights in the HOFN Content and the HOFN Services. HOFN hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the HOFN Content (excluding any software code) solely for your personal use in connection with viewing the HOFcommunity and using the HOFN Services.

e.       Nothing contained on the HOFcommunity should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark (collectively, “Marks”) displayed on the HOFcommunity without the written permission of HOFN or such third party that may own the Marks displayed on the HOFcommunity. Your misuse of the Marks displayed on the HOFcommunity, or any other Content on the HOFcommunity, except as provided herein, is strictly prohibited. You are advised that HOFN will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

f.       The HOFN Services contain Content of Users and other HOFN licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the HOFN Services.

8.      Content Posted.

a.       You are solely responsible for the Content that you post on or through any of the HOFN Services and any material or information that you transmit to other Members and for your interactions with other Users. HOFN does not endorse and has no control over the Content. Content is not necessarily reviewed by HOFN prior to posting and does not necessarily reflect the opinions or policies of HOFN. HOFN makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

b.      HOFN may delete any Content that in the sole judgment of HOFN violates this Agreement or which may be offensive, slanderous, defamatory, illegal or violates the rights, harm, or threatens the safety of any person. HOFN assumes no responsibility for monitoring the HOFN Services for inappropriate Content or conduct. If at any time HOFN chooses, in its sole discretion, to monitor the HOFN Services, HOFN assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

9.      Content/Activity Prohibited. The following is a partial list of the Content that Users may not post on or through the HOFN Services (“Prohibited Content”). HOFN reserves the right to investigate and take appropriate legal action against anyone who, in HOFN's sole discretion, violates this provision, including without limitation, removing the offending communication from the HOFN Services and terminating the Membership of such violators. The Prohibited Content includes, but is not limited to, Content that, in the sole discretion of HOFN:

a.       is criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

b.      is defamatory or patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

c.       harasses or advocates harassment of another person or uses any information obtained from the HOFN Services to harass, abuse, or harm another person;

d.      exploits people in a sexual or violent manner;

e.       contains nudity, violence, or offensive subject matter or contains a link to an adult website;

f.       solicits personal information from anyone under 18;

g.      provides any telephone numbers, street addresses, last names, URLs or e-mail addresses;

h.      promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;

i.        promotes the illegal or unauthorized copying of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

j.        contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

k.      furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

l.        solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

m.    involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

n.      displays an advertisement on your profile, or accepts payment or anything of value from a third person in exchange for your performing any commercial activity on or through the HOFN Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose;

o.      advertises to, or solicits, any Member to buy or sell any products or services through the HOFN Services, including using any information obtained from the HOFN Services to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;

p.      involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming". In order to protect our Members from such advertising or solicitation, HOFN reserves the right to restrict the number of e-mails which a Member may send to other Members in any 24-hour period. If you breach this Agreement and send unsolicited bulk e-mail, instant messages or other unsolicited communications of any kind through the HOFN Services, you acknowledge that you will have caused substantial harm to HOFN, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HOFN $50 for each such unsolicited e-mail or other unsolicited communication you send through the HOFN Services;

q.      includes a photograph of another person that you have posted without that person's consent;

r.        covers or obscures the banner advertisements on your personal profile page, or any HOFcommunity page via HTML/CSS or any other means;

s.       engages in any automated use of the system, such as using scripts to add friends or send comments or messages;

t.        interferes with, disrupts, or creates an undue burden on the HOFN Services or the networks or services connected to the HOFN Services;

u.      attempts to impersonate another Member or person;

v.      uses the account, username, or password of another Member at any time or discloses your password to any third party or permits any third party to access your account;

w.    sells or otherwise transfers your profile; or

x.      uses the HOFN Services in a manner inconsistent with any and all applicable laws and regulations.

10.  Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of HOFN to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to HOFN by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the HOFN Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the HOFN Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

11.  Member Disputes. You are solely responsible for your interactions with other Members. HOFN reserves the right, but has no obligation, to monitor disputes between you and other Members.

12.  Privacy. Use of the HOFN Services is also governed by our Privacy Policy (http://www.HOFcommunity/Go/Privacy_Policy), which is incorporated into this Agreement by this reference.

13.  Links to Third Party Sites. Profiles created and posted by Members on the HOFcommunity may contain links to other websites. HOFN is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by HOFN. Inclusion of any linked website on the HOFN Services does not imply approval or endorsement of the linked website by HOFN. When you access these third party sites, you do so at your own risk. HOFN takes no responsibility for third party advertisements which are posted on this HOFcommunity or through the HOFN Services, nor does it take any responsibility for the goods or services provided by its advertisers.

14.  General Disclaimer. HOFN has attempted to provide accurate information on the HOFcommunity or in connection with the HOFN Services and is not responsible for any incorrect or inaccurate Content posted on the HOFcommunity or in connection with the HOFN Services, whether by Users of the HOFN Services or by any of the equipment or programming associated with or utilized in the HOFN Services. HOFN may change the programs or products mentioned at any time without notice. HOFN assumes no responsibility for: (i) the conduct, whether online or offline, of any User of the HOFN Services; (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication; (iii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the HOFN Services or combination thereof, including any injury or damage to a User or to any person's computer related to or resulting from participation or downloading materials in connection with the HOFN Services; (iv) any loss or damage, including personal injury or death, resulting from use of the HOFN Services, attendance at an HOFN event, from any Content posted on or through the HOFN Services, or from the conduct of any User of the HOFN Services, whether online or offline; or (v) events beyond our reasonable control. The HOFN Services are provided "AS-IS" with all faults without warranty of any kind, either expressed or implied. HOFN expressly disclaims all warranties, expressed or implied, including, without limitation, those of merchantability, fitness for a particular purpose and non-infringement or arising from a course of dealing, usage or trade practice. HOFN cannot guarantee and does not promise any specific results from using the HOFN Services.

15.  Limitation on Liability. IN NO EVENT SHALL HOFN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE HOFN SERVICES, EVEN IF HOFN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOFN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOFN FOR THE HOFN SERVICES DURING THE TERM OF MEMBERSHIP.

16.  U.S.Export Controls. Software available in connection with the HOFN Services (the "Software") is further subject to United States export controls and may also be subject to the laws of the country where you reside. No Software may be downloaded from the HOFN Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your own risk, and by downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country to which the U.S. has embargoed goods or is on the United States Treasury Department’s Table of Deny Orders.

17.  Disputes. If there is any dispute about or involving the HOFN Services, you agree that the dispute shall be governed by the laws of the State of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Massachusetts , except that the federal laws of the United States shall govern all issues of copyright and trademark law.

18.  Indemnification. You agree to defend, indemnify and hold HOFN, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, damages, or costs, including reasonable attorneys' fees, resulting from any third party claim, action or demands resulting from your use of the HOFN Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the HOFcommunity or through the HOFN Services causes HOFN to be liable to a third party. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.

19.  Other. This Agreement is accepted upon your use of the HOFcommunity or any of the HOFN Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and HOFN regarding the use of the HOFN Services. The failure of HOFN to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. HOFN is a servicemark of HOFN, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

20.  Contact Us. Please contact us through the site’s contact section with any questions regarding this Agreement.

21.  Effective Date. The Terms of Use Agreement is in effect and was last updated on July 1, 2008.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Copyright © 2008 Hall of Fame Media, LLC All rights reserved.