IMPORTANT: READ CAREFULLY BEFORE USING THIS SERVICE
Terms Of Use
This End-User Services Agreement ("End-User Agreement") is an
agreement between you and each of Go Dashboard, and HD International, Inc. and hilaryduff.com.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT_
The Services provided by Go Dashboard (?Company?) and HD International, Inc.
and hilaryduff.com, (collectively, ?Partner?)
is provided to you ("User") under the terms and conditions of this End-User
Agreement, and any amendments thereto and any operating rules or policies that
may be published from time to time by Company and Partner, all of which are
hereby incorporated by reference. The End-User Agreement comprises the entire
agreement between User and Company Partner and supersedes any prior agreements
pertaining to the subject matter contained herein. BY UTILIZING THE SERVICES,
USER AGREES TO BE BOUND BY THE END-USER AGREEMENT.
II. DESCRIPTION OF SERVICES
Company and Partner are providing User with any or all of the following
services: (a) streaming media; (b) flash; (c) electronic mail; (d) meta-search;
(e) community services; (f) fan clubs ; (g) referral program; (h) rewards; (i)
points; (j) rewards-based immersion and/or; (k) any other services which
Company and Partner may provide in the future. These Services are provided to
User at the discretion of Partner, and Company has no obligation to provide the
Services directly to User. Company does not charge User for the Services, but
may charge for enhancements User may elect to obtain (though Company may in the
future charge a fee for use of the Services). User must: (a) provide for User's
own access to the World Wide Web and pay any service fees associated with such
access, and (b) provide all equipment necessary for User to make such
connection to the World Wide Web, including a computer, modem and Web browser. Company
reserves the right to delete any User's account if such User does not access
such account for a period of sixty (60) consecutive days.
III. USER'S REGISTRATION OBLIGATIONS
In consideration of use of the Services, User agrees to: (a) provide true,
accurate, current and complete information about User as prompted by the
Registration Form, and (b) to maintain and update this information to keep it
true, accurate, current and complete. This information about a User shall be
referred to as "Registration Data." If any information provided by
User is untrue, inaccurate, not current or incomplete, Company and Partner have
the right to terminate User's account and refuse any and all current or future
use of the Services.
V. MODIFICATIONS TO AGREEMENT
Company and Partner may change the End-User Agreement from time to time.
Company and Partner will have the right to change this Agreement without prior
notification to User.
VI. MODIFICATIONS TO SERVICES
Company and Partner reserve the right to modify or discontinue, temporarily
or permanently, the Services with or without notice to User. User agrees that
Company, Partner and their third party service providers shall not be liable to
User or any third-party for any modification or discontinuance of the Services.
VII. COMPANY PRIVACY POLICY__a. Company and Partner consider email
transmitted via the Services to be the private correspondence of the sender.
Neither Company nor Partner will monitor, edit or disclose the contents of a
User's private communications, except that User agrees Company, Partner and
their third party service providers may do so: (a) as required by law; (b) to
comply with legal process; (c) if necessary to enforce the End-User Agreement;
(d) to respond to claims that such contents violate the rights of
third-parties; (e) to protect the rights or property of Company, Partner, its
third party service providers or others.__b. User acknowledges that content
posted to public community areas is publicly available and that Company does
not take any responsibility for such public content. However, Company reserves
the right to remove any public content posted by a User which violates any law
or condition of this Agreement upon notice of such violation.__c. User
understands and agrees that technical (and sometimes manual) processing of
email communications, search requests, community postings and any other
information supplied by User is and may be required (a) to send and receive
messages; (b) to conform to the technical requirements of connecting networks;
(c) to conform to the limitations of the Services; or (d) to conform to other,
similar technical requirements.__d. User acknowledges and agrees that Company,
Partner and their third party service providers do not endorse the content of
any User communications and are not responsible or liable for any unlawful,
harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar,
obscene, tortious, or otherwise objectionable content, or content that
infringes or may infringe the intellectual property or other rights of
another.__e. The End-User Agreement includes the terms and conditions of
Company's Privacy Policy, a copy of which is posted above and which is hereby
incorporated by reference. In the event of any inconsistency between this
Agreement and the Privacy Policy, the terms and conditions of the Privacy
Policy shall take precedence.
VIII. MEMBER ACCOUNT, PASSWORD AND SECURITY
User will receive a password and account designation upon completing the
registration process. User is responsible for maintaining the confidentiality
of the password and account, and is fully responsible for all activities which
occur under User's password or account. User agrees to immediately notify Go
Dashboard of any unauthorized use of User's password or account or any other
breach of security.
IX. REFERRAL POLICY
Go Dashboard has the right to change the Go Dashboard program or the
referral program at any time without prior notification to the user. User will
not have any right to claim for money in any case.
X. MEMBER CONDUCT
a. User agrees to abide by all applicable local, state, national, and
international laws and regulations in User's use of the Services, and agrees
not to interfere with the use and enjoyment of the Services by other Users.
User agrees to be solely responsible for the contents of User's private and
public communications uploaded, posted, emailed or otherwise transmitted
through the Services.__b. User agrees (a) not to use the Services for illegal
purposes; (b) not to interfere with or disrupt the Services or servers or
networks connected to the Services; (c) to comply with all requirements,
procedures, policies and regulations of networks connected to the Services; and
(d) to comply with all applicable laws regarding the transmission of technical
data exported from the United States.__c. User agrees not to upload, post,
email or otherwise transmit through the Services: (a) any unlawful, harassing,
libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene,
indecent or otherwise objectionable material of any kind; (b) any material that
violates the rights of another, including but not limited to the intellectual
property rights of another; (c) any material that violates any applicable
local, state, national, or international law or regulation; or (d) unsolicited
or unauthorized advertisements, promotional materials, "junk mail,"
"spam," "chain letters," or other forms of solicitation.
User agrees not to attempt to gain unauthorized access to other computer
systems or networks connected to the Services.
XI. INDEMNITY
User agrees to indemnify and hold Company, Partner and their third party
service providers, and their parents, subsidiaries, affiliates, officers, employees,
attorneys, accountants, agents and third-party service providers, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of User's use of the Services, User's connection to
the Services, User's violation of the End-User Agreement, or User's violation
of any rights of another.
XII. NO RESALE OF SERVICE
User agrees not
to resell the Services or use of or access to the Services.
XIII. STORAGE OF COMMUNICATIONS
Company, Partner and their third-party service providers assume no
responsibility for the deletion or failure to store email messages,
communications or other content maintained or transmitted through the Services.
Company may establish an upper limit on the size of message storage it will
maintain for User.
XIV. TERMINATION
a. User agrees that Company, Partner or their third-party service providers
may terminate User's password, account or use of the Services if Company,
Partner or their third-party service providers believe (a) User has violated or
acted inconsistently with the letter or spirit of the End-User Agreement, or
(b) User has violated the rights of Company, Partner or their third-party
service providers or other Users or parties. User further agrees Company,
Partner and their third-party service providers may terminate User's password,
account or use of the Services if User fails to use the Services at least one
time during a reasonable period of time as determined by Company and Partner
from time to time, which period shall not be less than three months.__b. User
acknowledges and agrees any termination of Services under any provision of this
Agreement may be effected without prior notice, and acknowledges and agrees
that Company and Partner may immediately delete User's account and all related
information, communications and files, and bar any further access to such
account, communications, files or the Services.
XV. DEALINGS WITH ADVERTISERS
User's correspondence with or participation in promotions of advertisers
found on the Services, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between User and such advertiser.
User agrees not to hold Company, Partner or their third-party service providers
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Services.
XVI.LINKS
The Services may provide, or Users may include in email or community
postings, links to other websites or resources. User acknowledges and agrees Company,
Partner and their third-party service providers are not responsible for the availability
of such external sites or resources, and 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. User agrees that Company,
Partner and their third-party service providers 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 such external sites or resources.
XVII. COMPANY'S PROPRIETARY RIGHTS
This site, including all materials
including but not limited to text, software, music, sound, photographs,
graphics and video posted by or about
Creative
Submissions and Communications
Company and Partner are always pleased and interested to hear from our
visitors, and welcome User comments. Unfortunately, Company and Partner do not
accept or consider unsolicited concepts, creative ideas, suggestions, stories,
and other related materials. Company and Partner hope User will understand this
policy is to avoid the possibility of any appearance of misinterpretation if
future projects developed by Partner may seem similar to others as their own
creative content or suggestions. Therefore, please do not send Partner any
unsolicited materials. While Company and Partner do value User feedback on
products and services, Company and Partner request User be specific in comments
on those products and services, and not submit any creative ideas, suggestions,
or materials unless specifically requested. If, despite Company and Partner's
request, User sends Partner creative suggestions, ideas, notes, drawings,
concepts, or other information, such submissions shall be deemed and shall
remain the property of Partner. None of
any such submissions shall be subject to any obligation on our part and Partner
shall not be liable for any use or disclosure of any submissions.
XVIII. DISCLAIMER OF WARRANTIES
a. USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT MEMBER'S SOLE RISK.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. b. COMPANY, PARTNER AND THEIR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY
DISCLAIM 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. c. COMPANY, PARTNER AND THEIR THIRD-PARTY
SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S
REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES COMPANY, PARTNER OR ITS THIRD-PARTY SERVICE PROVIDERS MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. d. USER
UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA OR OTHER MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICES IS
DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL OR DATA.__e. COMPANY, PARTNER AND THEIR THIRD-PARTY
SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH
SERVICES.__f. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
USER FROM COMPANY, PARTNER OR THEIR THIRD-PARTY SERVICE PROVIDERS OR THROUGH OR
FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.__g.
SOME JURISPARTNERTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XIX. LIMITATION OF LIABILITY
a. USER AGREES COMPANY, PARTNER AND THEIR THIRD-PARTY SERVICE PROVIDERS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE
SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF COMPANY, PARTNER OR THEIR THIRD-PARTY SERVICE PROVIDERS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.__b. USER FURTHER AGREES COMPANY,
PARTNER AND THEIR THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR
TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT.__c. SOME JURISPARTNERTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
XX. THIRD PARTY BENEFICIARIES.
Company, Partner and their third-party service providers are intended
beneficiaries of the End-User Agreement.
XXI. NOTICE
Any notice to User or to the Services shall be made via either email or
regular mail. The Service may also provide notices of changes to the End-User
Agreement or other matters by displaying notices to Users generally on the
Services.
XXII. GENERAL
a. Neither Company nor Partner shall not be liable to User for any breach
by the other of this Agreement or the Privacy Policy.__b. The End-User
Agreement and the relationship between User and Company and Partner shall be
governed by the laws of the State of
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL
OF ITS TERMS.