Terms of Use
Introduction
Welcome to HiiSafe. The following are the Terms of Use (these
"Terms") that govern use of the HiiSafe web site (collectively, the
"Site"). When we say the "Site" we are also referring to all sections and
processes associated with the Site. By using or visiting the Site, you
expressly agree to be bound by these Terms and to follow these Terms and
all applicable laws and regulations governing the Site. Hospitality
Industry Insurance and any of its subsidiaries (collectively "HII"
or "we") reserve the right to change these Terms at any time, effective
immediately upon posting on the Site. Please check this page of the Site
periodically. If you violate these Terms, Hospitality Industry
Insurance may terminate your use of the Site, and/or take
appropriate legal action against you.
Permitted Use
You agree that you are only authorized to visit, view and to retain a
copy of pages of this Site for your own personal use, and that you shall
not duplicate, download, publish, modify or otherwise distribute the
material on this Site for any purpose other than to review your own
information, for personal use, unless otherwise specifically authorized
by Hospitality Industry Insurance to do so. The software
content on this Site is the property of Hospitality Industry
Insurance and/or its suppliers and is protected by Australian and
international copyright laws. We post a legal notice and various credits
on pages of the Site, which may not be removed. Please do not remove this
notice or these credits, or any additional information contained along
with the notices and credits.
Truthfulness and Accuracy of the Information You Provide;
Complying with Laws; Verifications and Authorizations
You may be asked to provide information during processes you engage in
on the Site. You represent and warrant that all information you provide
will be true, complete and correct, and that you will update all
information as it changes. You also acknowledge that complying with laws
is your responsibility, and you agree not to hold Hospitality
Industry Insurance liable for your failure to comply with any law or
our failure to notify you of, or properly apply any law. Hospitality
Industry Insurance will comply with law enforcement and may provide
them with all information you submit to Hospitality Industry
Insurance to assist in any investigation or prosecution they may
conduct. . If Hospitality Industry Insurance is unable to
verify or authenticate any information you provide during any
registration, authentication, delivery, or any other process you may be
prohibited from using the Site.
User Contributions to the Site
From time to time, the Site may provide you with opportunities to
contribute to the Site, which may include, but not be limited to,
uploading your user profile, participating in chats and using bulletin
boards. Anything that is contributed to the Site by you or other Site
users will be referred to in these Terms as "User
Content". Hospitality Industry Insurance is not liable or
responsible for any User Content. The contributions of third parties do
not necessarily represent the view or opinions of Hospitality
Industry Insurance. Hospitality Industry Insurance cannot
preview User Content before it appears. Users can be held liable for any
illegal or prohibited User Content they provide to the Site, including
among other things, infringing, defamatory or offensive materials. If you
discover this kind of material on the Site, please contact us if the material is on HiiSafe
site. Hospitality Industry Insurance will investigate your
claim and may then take the actions deemed appropriate.
Links and Search Results
The Site may automatically produce search results that reference or link
to third party sites throughout the World Wide Web. Hospitality
Industry Insurance has no control over these sites or the content
within them. Hospitality Industry Insurance cannot guarantee,
represent or warrant that the content contained in the site is accurate,
legal and/or inoffensive. Hospitality Industry Insurance does not endorse
the content of any third party site, nor do we warrant that they will not
contain viruses or otherwise impact your computer. By using the Site to
search for or link to another site, you agree and understand that you may
not make any claim against Hospitality Industry Insurance for any damages
or losses, whatsoever, resulting from your use of the Site to obtain
search results or to link to another site. If you have a problem with a
link from the Site, please contact us if the link is on HiiSafe
site, and Hospitality Industry Insurance will investigate your claim and
take any actions deemed appropriate in our sole discretion.
Prohibited Content
The following is a partial list of the kind of User Content which is
illegal or prohibited on the Site. It includes User Content that:
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Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
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Harasses or advocates harassment of another person;
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Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
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Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
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Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
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Displays pornographic or sexually explicit material of any kind;
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Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
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Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
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Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
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Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Offline Conduct
Although Hospitality Industry Insurance cannot monitor the conduct of
users off the Site, it is also a violation of these rules to use any
information obtained from this Site in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit or sell to
any Site user without their prior explicit consent.
Commercial Use
You must obtain Hospitality Industry Insurance's prior written consent
to make commercial offers of any kind, whether by advertising,
solicitations, links, or any other form of communication within this site
or to users and members of this site.
Access and Interference
You agree that you will not use any robot, spider or other automatic
device, process or means to access the Site. Nor shall you use any manual
process to monitor or copy our web pages or the content contained thereon
or for any other unauthorized purpose without our prior expressed written
permission. You agree that you will not use any device, software or
routine that interferes with the proper working of the Site nor shall you
attempt to interfere with the proper working of the Site. You agree that
you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. You agree that you
will not copy, reproduce, alter, modify, create derivative works, or
publicly display any content (except for your own personal,
non-commercial use) from the Site without the prior expressed written
permission of Hospitality Industry Insurance.
Unauthorized Use of the Site
Any Illegal or unauthorized use of the Site shall constitute a violation
of these Terms of Use. You do not have permission to access the Site in
any way that violates, or in the course of violating, these Terms of Use.
It shall also be a violation of these Terms of Use: (a) for any
individual (or group of individuals acting in concert) to request, more
than 1000 pages of the Site in any twenty-four hour period (hereafter
referred to as "Abusive Use"); or (b) to use any passcode or password,
regardless of whether or not such password or passcode is unique, to
participate in a pre-sale or other offer on the Site if you are not the
original recipient of such passcode.
Suspected Violation of these Terms of Use or Law; Injunctive,
Equitable Relief, and Liquidated Damages
Violations of these Terms of Use, including Unauthorized Use of the
Site, may be investigated and appropriate legal action may be taken,
including without limitation civil, criminal and injunctive redress. You
understand and agree that in Hospitality Industry Insurance's sole
discretion, and without prior notice, Hospitality Industry Insurance may
terminate your access to the Site, remove any unauthorized User Content
or exercise any other remedy available, if Hospitality Industry Insurance
believes that your conduct or the conduct of any person with whom
Hospitality Industry Insurance believes you act in concert, or the User
Content you provide through HiiSafe, violates or is inconsistent with
these Terms or the law, or violates the rights of Hospitality Industry
Insurance, a client of Hospitality Industry Insurance or another user of
the Site. You agree that monetary damages may not provide a sufficient
remedy to Hospitality Industry Insurance for violations of these Terms
and you consent to injunctive or other equitable relief for such
violations.
You agree that Abusive Use of the Site, as defined above, causes damage
and harm to Hospitality Industry Insurance in the form of, among other
things, impaired goodwill, lost sales, and increased expenses associated
with responding to Abusive Use of the Site. You further agree that
monetary damages for Abusive Use of the Site are difficult to ascertain
and that proof of monetary damages for Abusive Use would be costly and
inconvenient to calculate. Accordingly you agree that liquidated damages
are warranted for Abusive Use. Therefore, you agree that if you, or
others acting in concert with you, alone or collectively request more
than 1000 pages of the Site in any twenty-four hour period, you, and
those acting in concert with you, will be jointly and severally liable
for liquidated damages in the amount of ten dollars ($10.00) per page
request each time that a page request is made after that first 1000
during that twenty-four hour period. You also agree that this will be the
measure of damages for any Abusive Use that occurred prior to this
provision of these Terms of Use being in effect.
Hospitality Industry Insurance is not required to provide any refund to
you if it exercises any of its rights or remedies because you have
violated these Terms or any of Hospitality Industry Insurance's rights.
Additionally, Hospitality Industry Insurance reserves the right, in our
sole discretion, to modify, suspend or discontinue any part of this Site
at any time, with or without notice to you. Hospitality Industry
Insurance also reserves the right, in our sole discretion, to impose
limits on certain features and services and to restrict access to any
part or to all of the Site without notice to you. Hospitality Industry
Insurance shall not be liable to you or any third party for any claim or
cause of action arising out of our exercise of the foregoing
rights.
Copyright Policy
Hospitality Industry Insurance will terminate the privileges of any user
who uses this Site to unlawfully transmit copyrighted material without a
license express consent, valid defence or fair use exemption to do so. In
particular, users who submit User Content to this Site, whether articles,
images, stories, software or other copyrightable material must ensure
that the User Content they upload does not infringe the copyrights or
other rights of third parties (including, but not limited, to trademark,
trade secret, privacy or publicity rights). After proper notification by
the copyright holder or it agent to Hospitality Industry Insurance, and
confirmation through court order or admission by the user that they have
used this Site as an instrument of unlawful infringement, Hospitality
Industry Insurance will terminate the infringing users' rights to use
and/or access to this Site. Hospitality Industry Insurance may, also in
our sole discretion, decide to terminate a user's rights to use or access
to the Site prior to that time if we believe that an alleged infringement
has occurred.
Indemnity
You agree to indemnify and hold Hospitality Industry Insurance and its
affiliates, and each of Hospitality Industry Insurance's and its
affiliates' respective officers, agents, employees, contractors and
principals, harmless from any loss, liability, claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out
of your use of the Site, including also your use of the Site to provide a
link to another site or to upload content or other information to the
Site.
Trademarks
HiiSafe and design are registered trademarks of HiiSafe. All rights
reserved