ITS Marketing Terms of Use

The following terms and conditions govern all use of the Hilite and all content, services and products available at or through the profile, including, but not limited to, the Hilite service ("Service"). The Hilite is owned and operated by In The Spotlight Marketing, Inc. ("ITS Marketing"). The Hilite 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, ITS Marketing's Privacy Policy) and procedures that may be published from time to time on this Site by ITS Marketing (collectively, the "Agreement").

Please read this Agreement carefully before creating, accessing or using the Hilite. 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 Hilite or use any services. If these terms and conditions are considered an offer by ITS Marketing, acceptance is expressly limited to these terms. The Hilite is available only to individuals who are at least 13 years old.

Your Hilite Account and Site

If you create a Hilite on the website, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and ITS Marketing may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause ITS Marketing liability. You must immediately notify ITS Marketing of any unauthorized uses of your profile, your account or any other breaches of security. ITS Marketing 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.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. ITS Marketing cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Responsibility of Contributors

During the private invitation period, if you do not complete registration within 30 days of the time and date that the invitation email was sent, the username you reserved will become publicly available. If you operate a profile, comment on a profile, post material to the profile, post links on the profiles, or otherwise make (or allow any third party to make) material available by means of the Hilite (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, an audio file, 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; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; 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; your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods; your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile's URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ITS Marketing or otherwise. By submitting Content or linking to other Hilites to ITS Marketing for inclusion on your profile, you grant ITS Marketing a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, Marketing will use reasonable efforts to remove it from the profile, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, ITS Marketing has the right (though not the obligation) to, in ITS Marketing sole discretion (i) refuse or remove any content that, in ITS Marketing's reasonable opinion, violates any ITS Marketing's policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Profile to any individual or entity for any reason, in ITS Marketing's sole discretion.

Username Conflicts

ITS Marketing has a zero tolerance policy for the practice of deliberately claiming a recognizable name which does not belong to the claimant (i.e. "name squatting"). Beyond prevention of infringement on trademarks, brands and DBA names, ITS Marketing is committed to ensuring the right of individuals in the public sphere to claim their legal names and associated monikers on the Service. By registering a recognized name (e.g. that of a celebrity, recording artist, or actor) you agree to forfeit that username should the rightful owner protest your claim. With no prior notice, ITS Marketing reserves the right to delete any and all uploaded assets, including text and images, and re-assign the account email and password to the authenticated claimant.

Services Fees Payment

Currently, the Hilite is a free service. We maintain the right to change that at a later date. ITS Marketing reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to ITS Marketing.

Support

Services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by ITS Marketing to respond within one business day) concerning the use of the Services. "Priority" means that support for Services customers takes priority over support for users of the standard, free Hilite services. All Services support will be provided in accordance with ITS Marketing standard Services practices, procedures and policies.

Responsibility of Hilite Visitors

ITS Marketing has not reviewed, and cannot review, all of the material, including computer software, posted to the Hilite, and cannot therefore be responsible for that material's content, use or effects. By operating the Hilite, ITS Marketing does not represent or imply that it endorses the material there posted, 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 Hilite may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Hilite may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ITS Marketing disclaims any responsibility for any harm resulting from the use by visitors of the Hilite, or from any downloading by those visitors of content posted.

Content Posted on Other Hilites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Hilites and web pages to which Hilite links, and that link to other Hilites. ITS Marketing does not have any control over those non-Hilite profiles and web pages, and is not responsible for their contents or their use. By linking to a non-Hilite profile or webpage, ITS Marketing does not represent or imply that it endorses such profile or webpage. 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. ITS Marketing disclaims any responsibility for any harm resulting from your use of non-Hilite profiles and web pages.

 

Copyright Infringement and DMCA Policy

As ITS Marketing 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 Hilite violates your copyright, you are encouraged to notify ITS Marketing in accordance with ITS Marketing's Digital Millennium Copyright Act ("DMCA") Policy. ITS Marketing 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 ITS Marketing or others, ITS Marketing may, in its discretion, terminate or deny access to and use of the Hilite.

Intellectual Property

This Agreement does not transfer from ITS Marketing to you any ITS Marketing or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ITS Marketing. ITS Marketing, Hilite, the Hilite logo, and all other trademarks, service marks, graphics and logos used in connection with Hilite, or the Profile are trademarks or registered trademarks of ITS Marketing or ITS Marketing's licensors. Other trademarks, service marks, graphics and logos used in connection with the Hilite may be the trademarks of other third parties. Your use of the Hilite grants you no right or license to reproduce or otherwise use any ITS Marketing or third-party trademarks.

Changes

ITS Marketing 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 Hilite following the posting of any changes to this Agreement constitutes acceptance of those changes. ITS Marketing may also, in the future, offer new services and/or features through the Hilite (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.

Termination

ITS Marketing may terminate your access to all or any part of the Hilite at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Hilite account (if you have one), you may simply discontinue using the service. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by ITS Marketing if you materially breach this Agreement and fail to cure such breach within thirty (30) days from ITS Marketing's notice to you thereof; provided that, ITS Marketing can terminate the Hilite 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 Hilite is provided "as is". ITS Marketing 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 ITS Marketing nor its suppliers and licensors, makes any warranty that the Hilite 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 Hilite at your own discretion and risk.

Limitation of Liability

In no event will ITS Marketing, 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 ITS Marketing under this agreement during the twelve (12) month period prior to the cause of action. ITS Marketing 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 Hilite will be in strict accordance with the ITS Marketing 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 Hilite will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless ITS Marketing, 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 Hilite, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between ITS Marketing and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ITS Marketing, or by the posting by ITS Marketing of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Hilite will be governed by the laws of the state of Texas, U.S.A., 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 Round Rock County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Round Rock, Texas, in the English language and the arbitral decision may be enforced in any court. 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; ITS Marketing 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.

Privacy

Any information that you provide to ITS Marketing is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by ITS Marketing. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Hilite account, which you may not be able to opt-out from receiving. You can opt-out of most communications from ITS Marketing including our newsletter, new follower emails, etc.