CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THE THISISHENK.COM (ALSO REFERRED TO AS "THISISHENK") WEB SITE. BY USING THISISHENK.COM, YOU CONFIRM YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THISISHENK.COM. RENTASITE cc (ALSO REFERRED TO AS RENTASITE) RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE ANY PROVISIONS HEREIN AT ANY TIME. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS AND CONDITIONS WILL SIGNIFY YOUR ASSENT TO THE CHANGES.
Limited Scope of Authorized Use.
You agree that you will not use thisishenk for any unlawful purpose including,
but not limited to, submitting, posting, viewing, transmitting, reproducing
and/or distributing any content that: (1) infringes any copyright, trademark
or patent, (2) constitutes a trade secret or other confidential information,
(3) is defamatory or injurious to any person or entity, (4) violates any person's
right to privacy or publicity rights, (5) threatens harm to persons or property
or otherwise harasses any person and/or (6) is in violation of any other civil
or criminal law.
Authorization for Minor's Use.
You acknowledge that you are of the majority or legal age or that you have obtained
the permission of your parent, legal guardian or supervising adult, to use thisishenk.
Upon granting permission to use thisishenk to any minor, you acknowledge that
you are responsible for all conditions of this Agreement as they pertain to
any minor who is under your supervision, authority or control.
Prohibited Content.
As used herein, "content" shall mean all text, graphics, photographs, pictures,
drawings, animation, audio, video, and any other material submitted, posted,
viewed, transmitted, reproduced and/or distributed by any person or entity in
connection with thisishenk. You are prohibited from storing, posting,
distributing or transmitting any unlawful content at thisishenk. Examples
of unlawful content include but are not limited to direct threats of physical
harm, stalking, child pornography, and copyrighted, trademarked and other proprietary
material used without proper authorization. Other prohibited content includes
but is not limited to: (1) programs containing Trojan horses, virus and/or tools
to compromise the security of thisishenk and/or other sites, (2) solicitations
or advertisements, (3) suggestions or encouragement of illegal activity, (4)
private information about any individual such as phone numbers, addresses, Social
Security numbers or any other private information, and (5) duplicative posting
or "spamming. " All sales of pornography or any other offensive material,
as determined by RENTASITE, is strictly prohibited. Any sale of non-offensive
materials must first be approved by RENTASITE in a written agreement.
Restrictions on Use of thisishenk Materials.
This site is owned and operated by RENTASITE cc, (referred to as "RENTASITE,"
"we," "us," or "our" herein). No material from thisishenk may be copied,
reproduced, republished, uploaded, posted transmitted, or distributed in any
way, except that you may download one copy of the materials on any single computer
for your personal, noncommercial home use only. Modification of the materials
or use of the materials for any other purpose is a violation of RENTASITE's
copyright and other proprietary rights. All trademarks, service marks
and trade names are proprietary to RENTASITE. In the event that you download
software from thisishenk, the software, including any files images incorporated
in or generated by the software, and data accompanying the software (collectively,
the "Software") are licensed to you by RENTASITE. RENTASITE retains full
and complete title to the Software and all intellectual property rights therein.
You may not redistribute, sell, decompile, reverse engineer, or disassemble
the Software.
Right to Remove and Destroy Material.
RENTASITE reserves the right to remove and destroy any photographs, literature,
information or any other content from thisishenk that is not within the limited
scope of authorized use. However, you agree that RENTASITE shall NOT be
responsible for screening, policing, editing or monitoring any content or other
material submitted, posted, viewed, transmitted, reproduced and/or distributed
by any person on thisishenk.
Password Policy.
You agree not to use another person's password except as explicitly authorized
by RENTASITE with a visitor's password. You agree to keep your password
secret unless specifically authorized to provide a visitor's password to another
person. RENTASITE may monitor the security of your password at any time.
If your password is determined to be insecure by RENTASITE, RENTASITE may in
its sole discretion change your password.
Privacy Policy.
RENTASITE understands and respects your desire for privacy. To that end,
content posted in a member area of thisishenk is generally available only to
those who you invite to your member area except as otherwise set forth herein.
When you are voluntarily participating in and posting content to your thisishenk
member area, you agree that the content may be viewed, collected and used by
others who visit your member area. RENTASITE will not disclose any content
posted by you unless required in the normal course of maintenance of thisishenk
and its systems or unless required to do so by law or in the good-faith belief
that such action is necessary to: (1) comply with the law or comply with legal
process served on RENTASITE, (2) protect and defend the rights of RENTASITE,
or (3) act in an emergency to protect the personal safety of our guests or the
public.
Transactional Information.
When you sign up for thisishenk online, you are asked for your name, web & email
address, and password. This information is stored and used to create an
account for setting up and maintaining your own website. Your web-address
and password is required to login and gain access to your account. When
you make an online purchase, the information you provide allows RENTASITE to
process and fulfill your order, and to notify you of your order status.
RENTASITE will need your name, email address, billing and mailing addresses
which is stored along with a record of the products you purchase. RENTASITE
will also need to know your credit card number, expiration date and gift recipient
information. Once an online order has been confirmed, credit card information
and gift recipient information is not reused. When you enter a sweepstakes
or other promotional feature, we may ask for your name, address, and email address
so we can administer the contest and notify the winners.
Information Safeguards.
When making an online purchase at thisishenk.com, RENTASITE uses a secure server.
When your browser communicates with a secure server all information is encrypted,
keeping it private. This technology makes it safer to transmit your credit
card information over the Internet. Only authorized RENTASITE employees
have access to stored information. RENTASITE safeguards information according
to established security standards and procedures, and we continually assess
new technology for protecting information. RENTASITE employees are trained
to understand and comply with these information safeguards.
Information Policy.
RENTASITE collects certain information (e.g. , name and address) that is necessary
to maintain thisishenk. This information is collected from all users.
RENTASITE collects other information (e.g. , e-mail address or telephone number)
so that RENTASITE may more efficiently communicate with users when necessary.
While RENTASITE requests that users provide this information, it is not required.
Occasionally, RENTASITE also attempts to collect demographic data from users
(e.g. job, title, age, etc. ). This information is utilized
by RENTASITE and by our advertisers to target their advertisements. It
is not required for thisishenk use and should be submitted at the user's discretion.
RENTASITE may track a your use of thisishenk and any information that the user
has specifically and knowingly provided. On occasion, RENTASITE may also
use and/or provide your identification information (excluding your credit card
number) to third parties that RENTASITE feels may have information of interest
to you.
Ownership and Rights to Use Content.
You represent and warrant that you are the sole owner of all rights in content
posted by you (including all related copyrights) or that you have the absolute
right and license to said content as provided in this section. While you
will retain ownership of the copyright or license in the content posted by you,
you agree that all content posted by you shall become part of a database in
thisishenk, and that RENTASITE will own the database and copyright in any derivative
works based on the content. In addition, you warrant that all so-called
moral rights in those materials have been waived. Neither RENTASITE nor
any third party using the content in accordance with this section will be obligated
to pay you any royalties or other compensation for use of the content.
Indemnification.
You agree to indemnify, hold harmless and defend RENTASITE, its officers, directors,
employees, agents, sucessors, subsidiaries, sublicensees and assigns from and
against any and all claims, damages, losses, costs and liabilities (including
reasonable attorneys' fees and court costs) arising out of or related to any
breach of this agreement by you or anyone acting under your direction, authority
and control, including without limitation the publication, distribution, exhibit
or other use of the content posted by you or by anyone using your password.
Release.
You forever release and waive your right, and that of your minor offspring,
assigns and successors, to bring suit against RENTASITE and the above-referenced
affiliated persons and entities for any injury or damage allegedly arising from
thisishenk or your use of thisishenk including without limitation any injury
or damage you may suffer as the result of viewing, uploading or downloading
any images or content at thisishenk.
WARRANTY DISCLAIMER.
THE MATERIALS, CONTENT, SERVICES AND PRODUCTS OF THISISHENK ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RENTASITE DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RENTASITE DOES
NOT WARRANT THAT ANY PART OF THISISHENK WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RENTASITE DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS, CONTENT, SERVICES OR PRODUCTS OF THIS SITE IN TERMS
OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU
(AND NOT RENTASITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
RENTASITE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, QUALITY, SUBJECT OR LEGALITY OF ANY CONTENT MADE AVAILABLE THROUGH THISISHENK BY THISISHENK MEMBERS AND/OR GUESTS. THE USE, DISTRIBUTION, OR PUBLICATION OF ANY CONTENT WITHIN THISISHENK DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT BY RENTASITE OF SUCH CONTENT, OR OF ANY OPINIONS OR COMMENTS CONTAINED IN SUCH CONTENT.
RENTASITE explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from third parties not associated with RENTASITE. RENTASITE cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against RENTASITE with respect to such sites.
RENTASITE cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from thisishenk. RENTASITE does not endorse any of the merchandise, nor has RENTASITE taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. RENTASITE does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against RENTASITE with respect to such sites.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RENTASITE
BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT ARISING OUT OF
YOUR USE OR INABILITY TO USE THISISHENK, ANY OF THISISHENK'S CONTENT, SERVICES,
PRODUCTS AND/OR ANY RELATED SOFTWARE. EVEN IF RENTASITE OR AN AUTHORIZED
RENTASITE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. IN NO EVENT SHALL RENTASITE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE THISISHENK WEB SITE.
Termination.
RENTASITE reserves the right to terminate your access to thisishenk at any time
for violation of this agreement or the law, or as RENTASITE otherwise deems
appropriate without notice and without cause. RENTASITE may discontinue
its services provided by thisishenk at any time without notice and without cause.
You acknowledge that your reliance on the continuation of these services is
unreasonable given the right of RENTASITE to terminate services or your membership
for any reason at any time. Upon termination of thisishenk by RENTASITE,
you acknowledge and agree that all content and information may be disposed of
by any means as determined by RENTASITE in its sole discretion. Upon termination
by any party, you must destroy all materials or content obtained from thisishenk.
No Payment
Subject to the foregoing, if there is a delay with YOUR payment, RENTASITE will
contact you through standard procedure's of its contracted payment gateway WORLDPAY.
The thisishenk services may subsequently be terminated without delay and will
result in the deletion of any online content or materials you may have posted.
Nothing in this provision is intended to convey any actionable rights to you
and no such rights shall exist.
Amendment.
RENTASITE retains the right to amend this agreement from time to time, and your
continued use of thisishenk constitutes your acceptance of such amendments.
If you find changes in these terms in some way that are unacceptable, you agree
to discontinue your use of thisishenk.
General.
You agree that this Agreement and any dispute relating to the Agreement, thisishenk
or any content used in connection with thisishenk will be governed by and construed
in accordance with the laws of the European law, as such laws are applied to
agreements entered into and to be performed entirely within Europe between European
residents, without regard to conflicts of law and without regard to the United
Nations Convention on Contracts for the Sale of Goods, and you hereby consent
and submit to the personal jurisdiction of such courts for the purposes of litigating
any such action. You agree that this agreement will be enforceable by
us and our successors and assigns against you and your heirs, minor successors,
and assigns. You agree that if any provision within this Agreement is
found to be void or unenforceable, it will not affect the validity of the balance
of this Agreement which remain valid and enforceable. This Agreement is
the entire agreement between the parties and supercedes in its entirety any
and all written or oral agreements previously existing between the parties.
This agreement cannot be amended except as set forth above. No waiver
by either party, whether express or implied, of any provision of this Agreement,
or any breach thereof, shall constitute a continuing waiver of such provision
or a waiver of any other provision of this Agreement.
References.
All references to "us", "our" and "RENTASITE" in this agreement are intended
to refer to RENTASITE CC. and its affiliate entities. All references
to "you", "your" and "user" in this agreement are intended to refer to the user
who accepts this Agreement by ticking the "I Agree" check box in the "ordernow_3"
window.
Notices.
All notices in connection with thisishenk and this Agreement shall be sent via
e-mail. The e-mail notice shall be deemed received when it is sent whether
or not the e-mail notice has been read or opened.