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Acceptable Use Policy

ACCEPTABLE USE POLICY AGREEMENT BETWEEN USER AND HUNGRYGEEKS.COM

All Contractors and Customers are hereinafter collectively referred to as “User(s)”. Contractors are defined as the service providers who provide the services offered through the HungryGeeks.com Website and Customers are defined as purchasers of the services offered though the HungryGeeks.com Website as defined herein. HungryGeeks.com and other associated domain names used to promote the services offered through HungryGeeks.com are comprised of various web pages and telephone access numbers operated by Acacia Resource Management Corporation (“Acacia”) collectively hereinafter referred to as the “HungryGeeks.com Website”. In addition, from time to time Acacia may license the HungryGeeks.com Website or elements thereof to third party marketing affiliates and licensees, provided however, reference hereto is not meant to imply that Acacia has any legal liability or responsibility to Users for any damages caused by (i) the User, (ii) any of Acacia’s underlying service providers and/or marketing affiliates and/or licensees, and (iii) any reasons beyond the reasonable control of Acacia. Any and all responsibilities or liabilities of Acacia are specifically limited as outlined herein.

The HungryGeeks.com Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the HungryGeeks.com Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Acacia reserves the right to change the terms, conditions, and notices under which the HungryGeeks.com Website is offered, including but not limited to the charges associated with the use of the HungryGeeks.com Website. Acacia encourages you to periodically review this Acceptable Use Policy Agreement so that you can be fully informed and compliant with the terms and conditions governing your use of the HungryGeeks.com Website.

LINKS TO THIRD PARTY SITES

The HungryGeeks.com Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Acacia and Acacia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Acacia is not responsible for any voice recordings (over the phone or Internet) webcasting, podcasting or any other form of transmission received from any Linked Site. Acacia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Acacia of any Linked Sites or any products or services which may be sold from said Linked Sites.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the HungryGeeks.com Website, you warrant to Acacia that you will not use the HungryGeeks.com Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HungryGeeks.com Website in any manner, which could damage, disable, overburden, or impair the HungryGeeks.com Website or interfere with any other party's use and enjoyment of the HungryGeeks.com Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HungryGeeks.com Website.

USE OF COMMUNICATION SERVICES

The HungryGeeks.com Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, video, audio recordings either over the telephone or through the Users computer and/or other message or communication facilities designed to enable you to communicate privately or with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

2. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

3. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

4. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

5. Conduct or forward surveys, contests, pyramid schemes or chain letters.

6. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

8. Restrict or inhibit any other user from using and enjoying the Communication Services.

9. Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

10. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

11. Violate any applicable laws or regulations.

Acacia has no obligation to monitor the Communication Services. However, Acacia reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Acacia reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Your use of the HungryGeeks.com Website acknowledges your full acceptance and agreement to the terms and conditions of Acacia’s Privacy Policy, which is incorporated herein for all purposes.

Acacia reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Acacia's sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. Acacia does not control or endorse the content, messages or information found in any Communication Service and, therefore, Acacia specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, affiliates and licensees are not authorized Acacia spokespersons, and their views do not necessarily reflect those of Acacia. Furthermore, it is agreed that Acacia will have no liability for any statements, representations or otherwise made by any of Acacia’s managers, hosts, marketing affiliates or licensees.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download, view or listen to any materials, videos, recording or the like.

MATERIALS PROVIDED TO OR POSTED ON THE HUNGRYGEEKS.COM WEBSITE

Acacia does not claim ownership of the materials you may provide to or post to the HungryGeeks.com Website (including feedback, suggestions or other comments) or post, upload, input or submit via the Internet and/or telephone to the HungryGeeks.com Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, recording, providing or submitting your Submission you are granting Acacia all rights, assignments, permissions and licenses necessary to use your Submission in connection with the operation of its business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, promote, market, sell, license and reformat your Submission; and if you have granted your permission in connection therewith, publish your first and last name in connection with Acacia’s use of your Submissions. Acacia has no obligation to post your name, give you any credit or pay you any compensation in connection with any Submission and furthermore in accordance with the terms and conditions of Acacia’s Privacy Statement, Acacia may use your first name and other unidentifiable data in connection with said Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Acacia is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Acacia's sole discretion.

By posting, uploading, inputting, recording, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, record, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HUNGRYGEEKS.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACACIA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HUNGRYGEEKS.COM WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE HUNGRYGEEKS.COM WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ACACIA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MESSAGES, VIDEOS, RECORDINGS, GRAPHICS OR ANY OTHER CONTENT CONTAINED ON THE HUNGRYGEEKS.COM WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MESSAGES, VIDEOS, RECORDINGS, GRAPHICS AND OTHER CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACACIA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MESSAGES, VIDEOS, RECORDINGS, PHOTOGRAPHS, GRAPHICS OR OTHER CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACACIA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HUNGRYGEEKS.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE HUNGRYGEEKS.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MESSAGES, VIDEOS, RECORDS, PHOTOGRAPHS, GRAPHICS OR OTHER CONTENT OBTAINED THROUGH THE HUNGRYGEEKS.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HUNGRYGEEKS.COM WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACACIA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HUNGRYGEEKS.COM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HUNGRYGEEKS.COM WEBSITE.

CREDIT CARD CHARGES AND REFUND POLICY

Should you be dissatisfied for any reason with any products or services you may purchase through the HungryGeeks.com Website and/or if you are dissatisfied with any associated services provided to you, you should contact the provider of said product or service directly. While Acacia and Hungry Geeks Philippines Incorporated does not moderate, mediate or arbitrate any disputes between you and any third party provider(s), we would appreciate you informing us so that we can monitor the resolution. It is our goal to only link to responsible and responsive third party providers. To request a refund, please email the third party provider directly and kindly explain the reason for your refund request. Your request will be investigated by the third party provider and if a refund is allowed, you will be notified via email by the third party provider. Please note, should you cancel the charge through your credit card company, in violation of terms and conditions of this Agreement, said cancellation may be deemed theft of service and any such charge back will be denied. While we attempt to match you with the best provider(s), we cannot be responsible for any third party provider(s). We strongly recommend that you do not make final payment to any third party provider(s) who supplied your requested services until such time as you have previewed the work and you are satisfied with the services provided. Your final payment to a third party provider is evidence of your acceptance.

Please send your complements and complaints regarding any third party product/service provider to:

E-mail us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it  

TERMINATION/ACCESS RESTRICTION

Acacia reserves the right, in its sole discretion, to terminate your access to the HungryGeeks.com Website and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Harris County, Texas in all disputes arising out of or relating to the use of the HungryGeeks.com Website. Use of the HungryGeeks.com Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Acacia as a result of this Agreement or use of the HungryGeeks.com Website. Acacia's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Acacia's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HungryGeeks.com Website or information provided to or gathered by Acacia with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and Acacia with respect to the HungryGeeks.com Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Acacia with respect to the HungryGeeks.com Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

Content provided by Acacia on the HungryGeeks.com Website is: Copyright© 2011 HungryGeeks.com. All rights reserved.

TRADEMARKS

All trademarks which may be used in connection with the HungryGeeks.com Website belong to their respective owners.

No association with any company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.