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Jul 8, 2009 at 4:45PM

 

H2HReviews.com Web Site User Agreement
 
This Agreement sets forth the terms and conditions that govern your access and use of the individual Web sites and related internet media services and properties owned or operated by Head2Head Reviews, Inc.
 
If you choose to use H2HReviews.com, or any of the features of this site, including but not limited to the video library, podcasts, RSS feeds, API, widget downloads (you are consenting to abide by all of the terms and conditions of this Agreement between you and Head2Head Reviews, Inc.
 
Head2Head Reviews, Inc. may modify this Agreement at any time, and any and all modifications shall be effective immediately upon the posting of the modified Agreement on the site. As a user, you consent to review the Agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified Agreement. Head2Head Reviews, Inc. may also impose limits on certain features and services or restrict your access to parts or all of our Web sites or service without notice or liability.
 
This Agreement includes the H2HReviews.com Privacy Policy as well as any posted conditions on any properties owned and operated by Head2Head Reviews, Inc.  
 
Content: Copyright, Licenses, and Submissions
 
Domestic and International copyright and trademark laws protect the entire contents of H2HReviews.com. The owners of the intellectual property, copyrights and trademarks are Head2Head Reviews, Inc., its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code, and/or software.  
 
You may download or copy the content and other downloadable items displayed on H2HReviews.com for your own non-commercial use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any content including but not limited to news articles, photographs, images, illustrations, audio clips and video clips for anything other than personal use is expressly prohibited without prior written permission from Head2Head Reviews, Inc. or the copyright holder identified in the copyright notice within or attached to the content.
 
Any material printed or downloaded by you from H2HReviews.com, including, but not limited to any text, files, images, software, and data accompanying the foregoing is licensed to you by Head2Head Reviews, Inc. Printing or downloading the material does not transfer title to the material, or any intellectual property rights therein, to you. You may not redistribute or sell the material.
 
The site content is owned or licensed to Head2Head Reviews, Inc. Certain content may be furnished by third parties, which will not be liable for any delays, inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
 
Video and Podcasts
 
H2HReviews.com’s video and podcasting service consists of news and information files that may be downloaded to your computer and/or transferred to your portable electronic device.
 
Our video and podcasting service is available only for private, non-commercial use. Any other uses, including but not limited to the incorporation of advertising into or the placement of advertising associated with or targeted towards the program content, are strictly prohibited. You may not edit, modify or redistribute the program content or links supplied by H2HReviews.com.
 
U.S. and international copyright laws protect H2HReviews.com’s video and podcast program content. H2HReviews, Inc. owns all rights including copyright to the video and podcast content, and to all H2HReviews logos and trademarks used in connection with the podcast service.
 
H2HReviews.com reserves the right to discontinue providing any or all of our video and podcasting services at any time as well as the right to require you to cease displaying, distributing or otherwise using any or all of our program content for any reason, including, without limitation, your violation of any provision of this Agreement.
 
Head2Head Reviews, Inc. assumes no liability for any of your activities in connection with its video and podcast content and/or our video and podcasting service, or for your use of the video and podcasting content and/or service in connection with your Web site, computer, or external electronic device.
 
You may post and submit certain information and content to the H2HReviews.com Web site. In doing so, you agree to grant to Head2Head Reviews, Inc. a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site (such as User Reviews, blog posts, and forums) or by e-mail to Head2Head Reviews, Inc. by all means and in any media now known or hereafter developed. You also grant to Head2Head Reviews, Inc. the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Head2Head Reviews, Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Head2Head Reviews, Inc.  
 
You also acknowledge that any submission you make to the H2HReviews.com (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications, each considered a “submission") may be edited, removed, modified, published, transmitted, and displayed by Head2Head Reviews, Inc., and you waive any rights you may possess in having the material altered or changed in a manner not agreeable to you..
When uploading information onto H2HReviews.com, or interacting with other members of the community via any H2HReviews.com forum, you agree that you will not:
 
  • Transmit any message, information, data, text, software, image, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
  • Impersonate any person or entity, including but not limited to, a Head2Head Reviews, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  • Post or transmit any Material that contains a virus or corrupted data;
  • Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  • Use the site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  • Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or commercial or otherwise;
  • Violate any applicable local, state, national or international law;
  • Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Delete or revise any Material posted by any other person or entity;
  • Manipulate or otherwise display the H2HReveiews.com by using framing or similar navigational technology.
  • Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any H2HReviews.com product or service if you are not expressly authorized by such party to do so.
You are solely responsible for the content of your submissions. However, while H2HReviews.com does not and cannot review every submission and is not responsible for the content of these messages, H2HReviews.com reserves the right to delete, move, or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
 
If you believe that content appearing on the H2HReviews.com constitutes copyright infringement of another party's rights, please contact us at Service@H2HReviews.com.
 
Use of the H2HReviews.com Web site and Services
 
Head2Head Reviews, Inc. may use the information it obtains as a result of your registration with our site, newsletter programs, or any other affiliated program, including but not limited to your IP address, name, mailing address, and email address for its internal business and marketing purposes and may disclose the information to third parties for such purposes pursuant of the Head2Head Reviews, Inc. Privacy Policy.
 
You understand that, except for information, products or services clearly identified as being supplied by Head2Head Reviews, Inc., Head2Head Reviews, Inc. does not operate, control or endorse any information, products or services on the Internet in any way. With the except of information, products or services identified by Head2Head Reviews, Inc., all information, products and services offered through the site or on the Internet generally are offered by third parties that are not affiliated with Head2Head Reviews, Inc. You also understand that H2HReviews, Inc. cannot and does not guarantee or warrant that files available for downloading through our site will be free of infection or viruses, worms, trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
 
H2HReviews.com offers a search feature within the site. Head2Head Reviews, Inc.  explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. H2HReviews, Inc. also disclaims any responsibility for the completeness or accuracy of any directory or search result.
 
H2HReviews.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through our services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information that you find through us and heed shall be at your sole risk. Head2Head Reviews, Inc. shall not be liable for any cost or damage related either directly or indirectly to your use of our site, or related interactions with any merchandise, information, service or transaction connected therewith. It is solely your responsibility to evaluate the accuracy and completeness, as well as the usefulness of all opinions, advice, services or other information provided through the H2HReviews sites or the Internet in general.
 
The H2HReviews.com Web site may provide, or third parties may provide, links to non-H2HReviews.com Web sites or resources as a convenience to you. In that Head2Head Reviews, Inc. has no control over such sites and resources, you acknowledge and agree that H2HReviews.Inc. is not responsible for the availability of such third party sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to third party sites are not endorsements by H2HReviews Inc. of said third party sites or companies. You further acknowledge and agree that Head2Head Reviews, Inc. 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 use of or reliance on any such content, goods or services available on or through any such third party resources.
 
You access any and all material on H2HReviews.com at your own risk. H2HReviews, Inc. has no control over and accepts no responsibility under any condition for third party postings of a crude nature.
 
Our service and all downloadable software are distributed on an ‘as is’ basis without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that use of these services is at your sole risk.
 
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and service and all charges related thereto.
 
Head2Head Reviews, Inc. Liability
 
Under no condition will Head2Head Reviews, Inc. be liable for any incidental, consequential, or direct damages, including but not limited to loss of profits, business interruption, loss of programs or information, or the like, emanating from the use of or inability to use the H2HReview.com sites or services including any merchandise, information, service or transactions provided on the site or downloaded from the site or any delay of such information or service, even if Head2Head Reviews, Inc. or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the site or any merchandise, information, service, transaction, or materials provided or downloaded through the site. Because some states do not allow exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In such a state Head2Head Reviews, Inc. is limited in liability to the greatest extent permitted by law. The aggregated liability to H2Hreviews, Inc. for all claims emanating from your use of our site or services is limited to $100.
 
Indemnification and Reservation of Rights
 
You agree to indemnify, defend and hold harmless Head2Head Reviews, Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site and service from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of our site and service.
 
Head2Head Reviews, Inc. reserves the right to release current or past member or Web site user information if Head2Head Reviews, Inc. believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if Head2Head Reviews, Inc. deems it necessary and/or appropriate to do so.
 
H2HReviews, Inc., reserves the right at any time to charge fees for access to portions of our site or service as a whole. You will not be charged for access to our site or service unless we obtain your prior agreement to pay such charges. Therefore, if at any time Head2Head Reviews, Inc. requires a fee for portions of our site or service that are now free (e.g., a domestic subscription fee), you will receive advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted on the site and in other appropriate locations within the service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale via H2HReviews.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of our service through your account.
 
Site or service Registration may be obligatory to access certain parts of the site or service. As part of the registration process, you will select a Password and a Member ID. You must also provide certain registration information, all of which must be accurate and updated. You may not select or use the Member ID of another person with the intent to impersonate that person, use a Member ID to which another person has rights without such person's authorization, or use a Member ID that H2HReviews.com in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your Password, which you will not have to reveal to any representative or agent of H2HReviews.com.
 
You must be 13 years or older to subscribe to all parts of our site and service. You must be 18 years or older to join any fee-based program related to the H2HReviews.com site or service.  
 
You are responsible for all usage and activity on your H2HReviews.com account, including use of the account by any third party authorized by you to use your Member ID and Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the sole discretion ofHead2Head Reviews, Inc., and we may refer you to the appropriate law enforcement agencies.
 
You shall notify Head2Head Reviews, Inc. of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password or credit card information.
 
Your participation, correspondence or business dealings with any third party found on or through the H2HReviews.com Web site or service, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and said third party. You agree that H2HReviews Inc. shall not be responsible or liable for any loss, damage or other undesired consequences of any sort incurred as the result of any such dealings.
 
Head2Head Reviews, Inc. reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to our site and service.
 
Head2Head Reviews, Inc. reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance. For more information please refer to our Privacy Policy.
 
Head2Head Reviews, Inc. may contact you via e-mail regarding your participation in user surveys to request feedback on the Web site and existing or prospective products and services. This information will be used to improve our programming and better understand our users. Any information we obtain in such surveys will not be shared with third parties, except in aggregate form. If you indicate on your registration form that you would like to receive third party information, Head2Head Reviews, Inc., its owners and officers, will allow certain third party vendors to provide you with information about products and services.
 
You shall have no rights to any and all proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the site and service, ("Access Software"). You may not sublicense, assign or transfer any licenses granted by Head2Head Reviews, Inc. and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
 
You are prohibited from violating or attempting to violate the security of the H2HReviews.com Web site, including and without limitation to
 
  • Accessing data not intended for you or logging into a server or account which you are not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web site, overloading, "flooding", "mail bombing" or "crashing."
  • Sending unsolicited e-mail, including promotions and/or advertising for products or services.
  • Forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Head2Head Reviews, Inc. will thoroughly investigate occurrences which may involve such violations and may involve, and/or cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
 
International Use
 
As the internet is accessible in every country technologically equipped, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Software or other goods from the site are subject to United States export controls. No software or other goods from our site or service may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software or other goods from the H2HReviews.com Web site or service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
 
Trademarks
 
H2HReviews.com, its content and services, including but not limited to seminars, conferences, events, trade shows, publications, products, other content or services referenced herein or on the site, are the exclusive trademarks or service marks of Head2Head Reviews, Inc., including the "look" and "feel" of our site’s color combinations, layout, or other graphical elements. Any use of H2HReview.com trademarks are strictly prohibited without the express permission of H2HReviews, Inc. Other product and company names mentioned on the site may be the trademarks of their respective owners.
 
Termination
 
You may terminate your account at any time by sending a request to H2HReviews.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated. H2HReviews.com may, at its sole discretion, terminate or suspend your access to all or part of the service for any reason, including, without limitation, breach or assignment of this Agreement.
 
Miscellaneous
 
This Agreement has been made in and shall be construed and enforced in accordance with Massachusetts state law. Any action to enforce this Agreement shall be brought before the federal or state courts located in Boston, MA. Notwithstanding any of the foregoing, nothing in this Member Agreement will serve to preempt the promises made in H2HReviews.com Privacy Policy.
 
This Agreement contains the entire understanding of the parties hereto relating to the use of this site and supersedes any prior written or oral agreement or understandings between the parties with respect to this site. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement.
 
Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The failure of H2HReveiws, Inc. to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Head2Head Reviews, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
 
Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of Head2Head Reviews, Inc. We wish to caution you that these statements are only predictions and that the actual events or results may differ significantly. Head2Head Reviews, Inc. files documents from time to time with the Securities and Exchange Commission, specifically, our most recent prospectus. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements. They include, among others, potential fluctuations in quarterly results, retention and dependence on personnel, dependence on Internet advertising and a limited number of advertisers and rapid technological and market change.
 
Copyright 2009 Head2Head Reviews, Inc.  
 
(Revised February, 2009)