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  • MYCOUNTRYSPACE.COM
  • THE WEB

TERMS OF USE

MYCOUNTRYSPACE.COM/HOOKUP ENTERTAINMENT INC. TERMS OF USE

1. BINDING EFFECT.
Welcome to mycountryspace.com, a social networking site where users can stay in touch with their friends, meet new people, and hang out (“Service”). Mycountryspace.com is operated by Hookup Entertainment Inc. (“Company”). By using the Service, you accept and agree to be bound by the following terms and conditions (the “Terms of Use”). The Service is hosted in the United States. Where applicable under law, these Terms of Use constitute a “writing signed by you”. This is a binding agreement. By using the internet site located at Mycountryspace.com (the “Site”) or any Services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Company from time to time in its sole discretion. Company reserves the right to change, modify, add, or delete portions of theses Terms of Use at any time without further notice. If Company does this, it will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of the web site after any changes constitutes your acceptance of the new Terms of Use . You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes.

2. USER ACCOUNT.
You must be 13 years or older to use the Service. By registering for the Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to, and comply with theses Terms of Use.
Parents of users under the age of 18 are responsible for their childrens actions and are responsible for monitoring their childrens usage of mycountryspace.com. Parents are encouraged to contact admin@mycountryspace.com with any concerns or issues.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by Company in its sole discretion. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

3. USE OF SOFTWARE.
Company may make certain software available to you from the Site. If you use the software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

4. USER CONTENT.
You grant Company a license to use the materials you post to the Site or Service. By posting, uploading, downloading, displaying, copying, reproducing, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, designees, and representatives (collectively “Representatives”) a license to use User Content in connection with the operation of the internet business of Company and its Representatives, including without limitation, a right to copy, reproduce, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content, or its use by Company or its Representatives. You agree that Company or its Representatives may publish or otherwise disclose your name and other identification in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, copy, reproduce, distribute, display, perform, transmit, or otherwise utilize User Content, and you indemnify Company and its Representatives accordingly as provided in Section 13. Company does not claim any ownership rights in any User Content that you submit, post, or display on or through the Service or on the Site. After submitting, posting, or displaying User Content on or through the Service or on the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By submitting, reproducing, posting, or displaying any User Content on or through the Service, you hereby grant to Company a limited license to use, modify, publicly perform, publicly display, copy, reproduce, and distribute such User Content solely on and through the Service.
Without this license, Company would be unable to provide the Service. For example, without the right to modify your User Content, Company would not be able to digitally compress music files that you or other users submit or otherwise format User Content to satisfy technical requirements. Without the right to publicly perform User Content, Company could not allow users and users to listen to music posted by users. The license you grant to Company is non-exclusive (meaning you are free to license your User Content to anyone else in addition to Company), fully-paid and royalty-free (meaning that Company is not required to pay you for the use on the Service of the User Content that you post), sub-licensable (so that Company is able to use its affiliates, subcontractors, and Representatives, such as internet content delivery networks to provide the Service), and worldwide (because the internet and the Service are global in reach). This license will terminate at the time you remove your User Content from the Service, except that you agree that the license will continue solely with respect to other users’ continued use of your User Content (for example, photos or skins); provided, however, if you remove any of the User Content from the Service, Company reserves the right to remove all of your User Content from other users’ pages. The license does not grant Company the right to sell your User Content. You represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section; and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, 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 User Content posted by you to or through the Service.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, copy, reproduce, perform, transmit, or otherwise distribute any information or content, including User Content, in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.

6. INAPPROPRIATE CONTENT.
The Service is made available for your personal, non-commercial use only. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any User Content that you submit, post, and display on the Site or post or run through the Service.
Company may, but shall have no obligation to, remove User Content that Company determines in its sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Use. Further, under no circumstances does Company have any obligation to check the accuracy or truthfulness of any User Content, nor to monitor any user’s use of the Service.
You shall not make the following types of User Content available. You agree not to upload, download, copy, reproduce, display, perform, transmit, or otherwise distribute any User Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; (d) uses other users’ personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users; (e) submit User Content of any third party without such third party’s prior written consent, or User Content that falsely expresses or implies that such User Content is sponsored or endorsed by Company; (f) creates a false or misleading identity of, including, but not limited to, a Company employee, or falsely states or otherwise misrepresents your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message, or to harvest or otherwise collect information about others; (g) transmits, e-mails, or posts any material that contains in any form software viruses or such computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) uses the Service in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site; (i) attempts to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service, through password mining or any other means; (j) modifies, adapts, translates, or reverse engineers any portion of the Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Service; (k) reformats or frames any portion of the web pages that are part of the Service; or (l) disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of such solicitation. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. COPYRIGHT INFRINGEMENT.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

HOOKUP ENTERTAINMENT INC.
PO Box 12187
Zephyr Cove, NV 89448
Attention: Customer Service Department

8. ALLEGED VIOLATIONS.
Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Service and Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

9. NO WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND OR NATURE. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. LIMITED LIABILITY.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY.
This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

11. AFFILIATED SITES.
Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

12. PROHIBITED USES.
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

13. INDEMNITY.
You agree to indemnify Company for your acts and omissions in violations of any of these Terms of Use. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site and Service, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

14. COPYRIGHT.
All contents of Site or Service are: Copyright © 2007 HOOKUP ENTERTAINMENT INC. Company and its affiliates and licensors own and retain all rights in the Site and Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including, without limitation, all: (1) text; (2) software; (3) photographs; (4) graphics; (5) pay layout; and (6) design presented through and as part of the Service. Except as expressly authorized by Company, you may not copy, reproduce, modify, publish, transmit, distribute, perform, display, or sell any of Company’s proprietary information and trademarks.

15. INFORMATION COLLECTION PRACTICES
15.1. TYPES OF INFORMATION COLLECTED
(a) TRAFFIC DATA COLLECTED.
Company automatically tracks and collects the following categories of information when you use the Company network: [(1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively “Traffic Data”)]. Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Company network. Company also uses “cookies” to customize content specific to your interests, and to store your password so you do not have to re-enter it each time you use the network.
(b) PERSONAL INFORMATION COLLECTED.
In order for you to access the site, Company requires you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); (2) Financial Data (such as your account or credit card number); and (3) Demographic Data (such as your zip codes, age, and income). If you communicate with Company by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.
15.2. USES OF INFORMATION COLLECTED.
(a) COMPANY USE OF INFORMATION.
Company uses Contact Data to send you information about our company or our products or services or to contact you when necessary. Company uses your Demographic Data to customize and tailor your experience on the network, displaying content that we think you might be interested in and according to your preferences. Upon termination of these Terms of Use, Company shall have the right to retain all Contact Data, Financial Data and Demographic Data obtained during the term.
(b) SHARING OF PERSONAL INFORMATION.
Company shares certain categories of information we collect from you in the ways described in these Terms of Use. We share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis.. Company my share Contact Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Network. Those business partners have agreed to uphold the same standards of security and confidentiality that we have promised to you in these Terms of Use, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to Company. COMPANY WILL NOT SHARE CONTACT DATA WITH OTHER COMPANIES WHO MAY WANT TO SEND YOU INFORMATION ABOUT THEIR PRODUCTS OR SERVICES WITHOUT YOUR PRIOR AUTHORIZATION.

16. GOVERNING LAW.
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA arising out of or related to the use of the Site or Service.

17. SEVERABILITY; WAIVER.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18. NO LICENSE.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

19. CALIFORNIA USE ONLY.
The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

20. MODIFICATIONS.
Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

21. TERMINATION OF SERVICE
These Terms of Use will apply to your use of the Service and the Site. At any time, you can terminate your account, which will remove your profile and other personal information from view. To cancel your account email “admin@mycountryspace.com”. In the subject line insert “Cancel Account” and in the body of the email be sure to include your user name. Company may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Service. Company’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability, and miscellaneous provisions shall survive any termination by you or by Company.
Company may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Site or the Service under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site or the Service. Where possible, Company will use reasonable efforts to give fair notice of termination or suspension of access to the Site or the Service. Further, you agree that Company shall not be liable to you or any third party for any termination or suspension of access to the Site or the Service or modification of the Site or the Service.

22. ACKNOWLEDGEMENT.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.