Terms Of Service
1. Use of WouldYouHitThis.com is available only to persons over the age of eighteen.
2. WouldYouHitThis.com reserves the right to modify the Terms of Participation at any time and without prior notice to its Users. We may add to, change, delete or end our or YOUR use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons.
3. WouldYouHitThis.com is not involved in any transaction between any parties who uses our site. WouldYouHitThis.com cannot and does not control the behavior of the participants on this site. WouldYouHitThis.com does not assume responsibility for the content or context of the user areas. WouldYouHitThis.com does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted by users in their personal comments, chat, message boards, or elsewhere. Any information or material placed in the forums or elsewhere, including comments, are the views of those who post the statements, and do not necessarily represent the views of WouldYouHitThis.com. You agree that WouldYouHitThis.com is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
4. If there is a dispute between participants on this site, WouldYouHitThis.com is under no obligation to become involved. In the event that YOU have a dispute with one or more Users, YOU hereby release WouldYouHitThis.com, its officers, employees, agents and successors in rights 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 our service. If YOU are a California resident, YOU waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. WouldYouHitThis.com has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.
6. The WouldYouHitThis.com service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal, or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. YOU may use the information on our site only to the extent necessary to facilitate WouldYouHitThis.com related transactions.
You agree not to use any obscene, indecent, overtly sexual, or offensive language, or to place on the Service any material that is libelous, abusive, harassing, annoying, or hateful, or that constitutes unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. You agree to use the Service only for lawful purposes.
7. WouldYouHitThis.com prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is YOUR responsibility, and YOU agree to comply with all requirements, legal or other. Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category, telephone numbers, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than YOUR own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM"). Further, WouldYouHitThis.com prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that YOU might become exposed to such items and YOU further waive YOUR right to any damages (from any party) related to such exposure.
8. WouldYouHitThis.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the WouldYouHitThis.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
9. WouldYouHitThis.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to YOUR site hosted on or through WouldYouHitThis.com systems, whether or not the messages were originated by YOU, under YOUR direction, or by or under the direction of a related or unrelated third party.
10. Other than connecting to Service Provider's servers by HTTP requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise. You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service.
11. Postings to the Service are not private. You grant WouldYouHitThis.com the unrestricted right to use, reproduce, modify, translate, transmit, publish, and distribute any material you post to the Service in any medium (now in existence or hereafter developed), and for any purpose, including commercial uses, and to authorize others to do so.
12. If WouldYouHitThis.com, in its sole discretion, determines that a violation of the Terms of Participation has occurred, WouldYouHitThis.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of YOUR account and /or the exclusion of any person(s) who may have violated any Terms of Participation. WouldYouHitThis.com could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. WouldYouHitThis.com will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to YOU. If WouldYouHitThis.com believes in its sole discretion that any ad may create liability for WouldYouHitThis.com, WouldYouHitThis.com may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, WouldYouHitThis.com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
13. WouldYouHitThis.com does not verify any information posted to the Service by users or others or guarantee the proper use of such information by any party. WouldYouHitThis.com does not review or assume any responsibility for the content of private e-mail messages sent between members. We do not ensure that these messages may not contain material that could be offensive to some. WouldYouHitThis.com does not monitor or resolve disputes between Service users. WouldYouHitThis.com does not ensure secure transmissions over the Internet. You should not post your or any other person's telephone numbers, street addresses, last names, or e-mail addresses in your profile, comments, photo descriptions, or elsewhere. Reminder: The people you meet in WouldYouHitThis.com are strangers. You are responsible for guarding your personal information. If you decide to meet anyone in-person, please use good judgment and common sense. WouldYouHitThis.com suggests that you always plan to meet in a public place and, if possible, in a group setting.
14. WouldYouHitThis.com reserves the right to review, edit, move, or delete any photos, comments, descriptions, or messages placed in its message board, in its sole discretion. WouldYouHitThis.com does not ensure that offensive material will be removed from the Service.
15. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. WouldYouHitThis.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WouldYouHitThis.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WouldYouHitThis.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM WouldYouHitThis.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
16. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER WouldYouHitThis.com NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WouldYouHitThis.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT WouldYouHitThis.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT WouldYouHitThis.com SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
17. In sum, in no event shall WouldYouHitThis.com's total liability to YOU for all damages, losses, and causes of action exceed the amount paid by YOU to WouldYouHitThis.com, if any, that is related to the cause of action.
18. YOU agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in California. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
19. YOU give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material, photographs or User Data displayed in YOUR listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by YOU, (the "User") to WouldYouHitThis.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of WouldYouHitThis.com. YOU shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
20. No Resale or Unauthorized Commercial Use. YOU agree not to resell or assign YOUR rights or obligations under these Terms of Participation. YOU also agree not to make any unauthorized commercial use of the Service.
21. Others' Information. YOU agree not to make use of anyone else's Information other than as necessary to complete any WouldYouHitThis.com transactions in which YOU are involved.
22. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between WouldYouHitThis.com and any User of the Service.
23. Notice. Any notice to YOU or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Participation or other matters related to WouldYouHitThis.com by displaying notices to Users on the Service.
24. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
25. These Terms of Participation and the relationship between User and WouldYouHitThis.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and WouldYouHitThis.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara County.
26. The failure of WouldYouHitThis.com to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect.
27. User agrees 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 Service or the these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred.
28. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect.
WouldYouHitThis.com Copyright Policy
WouldYouHitThis.com is a communication system for people to submit a link to a photograph for others to rate. WouldYouHitThis.com users decide what content to make available to others. Users are responsible for complying with all applicable federal and state laws applicable to such content, including copyright laws.
WouldYouHitThis.com respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. YOU should be aware that some image files may have been created or distributed without copyright owner authorization. As a condition to YOUR use of the WouldYouHitThis.com system, YOU agree that YOU will not use the WouldYouHitThis.com service to infringe the intellectual property rights of others in any way.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), WouldYouHitThis.com will respond expeditiously to claims of copyright infringement committed using the WouldYouHitThis.com service. If YOU are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report YOUR notice of infringement by contacting WouldYouHitThis.com.
2. WouldYouHitThis.com reserves the right to modify the Terms of Participation at any time and without prior notice to its Users. We may add to, change, delete or end our or YOUR use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons.
3. WouldYouHitThis.com is not involved in any transaction between any parties who uses our site. WouldYouHitThis.com cannot and does not control the behavior of the participants on this site. WouldYouHitThis.com does not assume responsibility for the content or context of the user areas. WouldYouHitThis.com does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted by users in their personal comments, chat, message boards, or elsewhere. Any information or material placed in the forums or elsewhere, including comments, are the views of those who post the statements, and do not necessarily represent the views of WouldYouHitThis.com. You agree that WouldYouHitThis.com is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
4. If there is a dispute between participants on this site, WouldYouHitThis.com is under no obligation to become involved. In the event that YOU have a dispute with one or more Users, YOU hereby release WouldYouHitThis.com, its officers, employees, agents and successors in rights 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 our service. If YOU are a California resident, YOU waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. WouldYouHitThis.com has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.
6. The WouldYouHitThis.com service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal, or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. YOU may use the information on our site only to the extent necessary to facilitate WouldYouHitThis.com related transactions.
You agree not to use any obscene, indecent, overtly sexual, or offensive language, or to place on the Service any material that is libelous, abusive, harassing, annoying, or hateful, or that constitutes unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. You agree to use the Service only for lawful purposes.
7. WouldYouHitThis.com prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is YOUR responsibility, and YOU agree to comply with all requirements, legal or other. Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category, telephone numbers, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than YOUR own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM"). Further, WouldYouHitThis.com prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that YOU might become exposed to such items and YOU further waive YOUR right to any damages (from any party) related to such exposure.
8. WouldYouHitThis.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the WouldYouHitThis.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
9. WouldYouHitThis.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to YOUR site hosted on or through WouldYouHitThis.com systems, whether or not the messages were originated by YOU, under YOUR direction, or by or under the direction of a related or unrelated third party.
10. Other than connecting to Service Provider's servers by HTTP requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise. You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service.
11. Postings to the Service are not private. You grant WouldYouHitThis.com the unrestricted right to use, reproduce, modify, translate, transmit, publish, and distribute any material you post to the Service in any medium (now in existence or hereafter developed), and for any purpose, including commercial uses, and to authorize others to do so.
12. If WouldYouHitThis.com, in its sole discretion, determines that a violation of the Terms of Participation has occurred, WouldYouHitThis.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of YOUR account and /or the exclusion of any person(s) who may have violated any Terms of Participation. WouldYouHitThis.com could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. WouldYouHitThis.com will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to YOU. If WouldYouHitThis.com believes in its sole discretion that any ad may create liability for WouldYouHitThis.com, WouldYouHitThis.com may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, WouldYouHitThis.com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
13. WouldYouHitThis.com does not verify any information posted to the Service by users or others or guarantee the proper use of such information by any party. WouldYouHitThis.com does not review or assume any responsibility for the content of private e-mail messages sent between members. We do not ensure that these messages may not contain material that could be offensive to some. WouldYouHitThis.com does not monitor or resolve disputes between Service users. WouldYouHitThis.com does not ensure secure transmissions over the Internet. You should not post your or any other person's telephone numbers, street addresses, last names, or e-mail addresses in your profile, comments, photo descriptions, or elsewhere. Reminder: The people you meet in WouldYouHitThis.com are strangers. You are responsible for guarding your personal information. If you decide to meet anyone in-person, please use good judgment and common sense. WouldYouHitThis.com suggests that you always plan to meet in a public place and, if possible, in a group setting.
14. WouldYouHitThis.com reserves the right to review, edit, move, or delete any photos, comments, descriptions, or messages placed in its message board, in its sole discretion. WouldYouHitThis.com does not ensure that offensive material will be removed from the Service.
15. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. WouldYouHitThis.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WouldYouHitThis.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WouldYouHitThis.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM WouldYouHitThis.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
16. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER WouldYouHitThis.com NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WouldYouHitThis.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT WouldYouHitThis.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT WouldYouHitThis.com SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
17. In sum, in no event shall WouldYouHitThis.com's total liability to YOU for all damages, losses, and causes of action exceed the amount paid by YOU to WouldYouHitThis.com, if any, that is related to the cause of action.
18. YOU agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in California. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
19. YOU give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material, photographs or User Data displayed in YOUR listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by YOU, (the "User") to WouldYouHitThis.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of WouldYouHitThis.com. YOU shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
20. No Resale or Unauthorized Commercial Use. YOU agree not to resell or assign YOUR rights or obligations under these Terms of Participation. YOU also agree not to make any unauthorized commercial use of the Service.
21. Others' Information. YOU agree not to make use of anyone else's Information other than as necessary to complete any WouldYouHitThis.com transactions in which YOU are involved.
22. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between WouldYouHitThis.com and any User of the Service.
23. Notice. Any notice to YOU or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Participation or other matters related to WouldYouHitThis.com by displaying notices to Users on the Service.
24. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
25. These Terms of Participation and the relationship between User and WouldYouHitThis.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and WouldYouHitThis.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara County.
26. The failure of WouldYouHitThis.com to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect.
27. User agrees 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 Service or the these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred.
28. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect.
WouldYouHitThis.com Copyright Policy
WouldYouHitThis.com is a communication system for people to submit a link to a photograph for others to rate. WouldYouHitThis.com users decide what content to make available to others. Users are responsible for complying with all applicable federal and state laws applicable to such content, including copyright laws.
WouldYouHitThis.com respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. YOU should be aware that some image files may have been created or distributed without copyright owner authorization. As a condition to YOUR use of the WouldYouHitThis.com system, YOU agree that YOU will not use the WouldYouHitThis.com service to infringe the intellectual property rights of others in any way.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), WouldYouHitThis.com will respond expeditiously to claims of copyright infringement committed using the WouldYouHitThis.com service. If YOU are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report YOUR notice of infringement by contacting WouldYouHitThis.com.
