The Hang Out Terms of Service

The following terms and conditions govern all use of The Hang Out website(s) and all content, services and products available through the website(s), including, but not limited to, the SocialEngine client area, and The Hang Out community (collectively referred to as the Website).
The Website is solely owned and operated by The Hang Out. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The Hang Out’s Privacy Policy) and procedures that may be published from time to time on this Site by The Hang Out. (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Hang Out, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.
Client Area Account: You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify The Hang Out of any unauthorized uses of your account or any other breaches of security. The Hang Out will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you leave comments anywhere on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing). the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
By submitting Content to The Hang Out for the purpose of displaying, distributing, promoting, marketing or any other lawful use. Without limiting any of those representations or warranties, The Hang Out has the right (though not the obligation) to, The Hang Out's sole discretion (i) refuse or remove any content that, in The Hang Out's reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in The Hang Out's sole discretion. The Hang Out will have no obligation to provide a refund of any amounts previously paid under these circumstances.
Payment: The Website offers numerous products and services. The Website does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
Refunds: Because we provide a 14 day trial which is identical to the full version, we can only provide refunds for any Hang Out products in the case that they cannot be properly provided and installed on The Hang Out Server. This means that both you and the Hang Out staff are unable to install and provide The Hang properly. The server must meet the requirements specified in the Installation Service terms. No refunds are given for The Hang Out PHP Cloud sites.
Newsletter: If you choose to purchase a Hang Out license, use the free trial, or use the Hang Out PHP Cloud service, we will add your email address to the Hang Out Newsletter. Our newsletter is designed to keep you up to date with The Hang Out-related developments, updates, releases, and other relevant items. You can instantly unsubscribe from this mailing list at any time you like by clicking the unsubscribe link provided in the newsletter email messages. You may also join the newsletter from our website footer link. Responsibility of Website Visitors: By operating the Website, The Hang Out does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Hang Out disclaims any responsibility for any harm resulting from the use by visitors of the Website.
Copyright Infringement and DMCA Policy: As The Hang Out asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by The Hang Out iolates your copyright, you are encouraged to notify The Hang Out in accordance with common DMCA policies.The Hang Out will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of The Hang Out or others, The Hang Out may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, The Hang Out will have no obligation to provide a refund of any amounts previously paid to The Hang Out.
Intellectual Property: This Agreement does not transfer from The Hang Out to you any of The Hang Out or third party intellectual property, and all rights, titles and interest in and to such property will remain (as between the parties) solely with The Hang Out. The Hang Out logo, and all other trademarks, service marks, graphics and logos used in connection with The Hang Out, or the Website are trademarks or registered trademarks of The Hang Out or The Hang Out’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Hang Out or third-party trademarks.
Changes: The Hang Out. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.The Hang Out may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The Hang Out Cloud Billing: By accepting our terms of service you agree to be automatically billed for The Hang Out services upon enrollment in Paid Plan services. If payment is not received in full by the due date, you understand that your website will be suspended, causing loss of access and possible data loss or corruption. You assume all responsibility to make payments on time and any resulting effects of not making timely payments. You further acknowledge that unpaid subscriptions can eventually result in deletion of all data. Payment is considered received once the funds are in the PayPal account. eChecks can take weeks to process. As a result, eCheck payments are not considered received until the funds are released and in the (The Hang Out) PayPal account.
The Hang Out Cloud Ownership Transfer: If one party would like to transfer ownership of their The Hang Out Cloud site to a new owner, this is permissible under our terms of service. In order to transfer ownership, the original owner must open a ticket in the client area from the registered email address on the account confirming the transfer. If the original owner no longer has access to the registered email address on file we (The Hang Out) will make a reasonable effort to contact the owner on file. If unresponsive, we reserve the right to transfer the site.
Termination: The Hang Out may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your The Hang Out client account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a client account, such accounts can only be terminated by The Hang Out if you materially breach this Agreement and fail to cure such breach within thirty (30) days from The Hang Out notice to you thereof; provided that, The Hang Out can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties: The Website is provided “as is”. The Hang Out and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Hang Out nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability: In no event will The Hang Out or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Hang Out under this agreement during the twelve (12) month period prior to the cause of action. The Hang Out shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty: You represent and warrant that (i) your use of the Website will be in strict accordance with The Hang Out Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification: You agree to indemnify and hold harmless The Hang Out its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous: This Agreement constitutes the entire agreement between The Hang Out and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Hang Out or by the posting by The Hang Out of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles California. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Hang Out may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.