HUBPAGES TERMS OF USE

1. ACCEPTANCE OF TERMS

These terms and conditions ("Terms") govern the use of the Hubpages website (the "Website") and all related services provided by Hubpages, Inc. (the "Service") and constitute an agreement between you ("You") and Hubpages, Inc. ("Hubpages"). Your use of the Website, and any new services or functionalities that may be made available by Hubpages from time to time, is conditioned upon Your acceptance of and continued adherence to these Terms. Hubpages reserves the right to alter or revise these Terms at any time, with the most recent version of the Terms being posted on the Website. It is Your responsibility to check for updates to the Terms. Your continued use of the Website indicates Your acceptance of any and all revised Terms. Hubpages reserves the right to suspend or terminate Your account at any time or discontinue Your access to the Website or the Service or remove your Hubs for any reason.

2. DEFINITIONS AND SERVICE DESCRIPTION

"Hubs": A webpage created via the Website and Service.
"HubScore": Scoring system to determine the quality of a Hub and used in programming the Website.
"Author": A person that creates Hubs on the Website.
"HubTool": Tool for creating a Hub or Hubs.
"Service": The services provided by Hubpages and via the Hubpages Website.

Hubpages makes available a HubTool to create Hubs. The Website hosts and serves the Hubs to users of the Website. Hubpages will program portions of the Hubs created by Authors with related information to other Hubs on the Website. A user can read, rate, send Hubs via Email, subscribe to RSS feeds of Hubs, and search for Hubs.

The Website is automatically programmed by the HubScore system. Low quality Hubs will not be programmed in the Website. Hubs that are determined to be low quality will be removed from the Website.

3. PERMITTED USES

Once You register you may create a Hub to become a Author. Only adults (18 years and over) may become Authors. In order to use the Service, You need to have a valid account. You are responsible for any and all activities occurring or content that is posted under Your account. If You discover any unauthorized activity under Your account, please remove Your Hub or Hubs and alert Hubpages immediately, by sending an email alert to team@hubpages.com or by flagging Hubs

You must do Your best to create High Quality Hubs.
You are solely responsible for the content in Your Hubs including text, data, images, video and links that You display on Your Hubs with the Hubpages Service.
You may respond to emails from direct communications to You from users of the Website.
You may only use Content to which You have the necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark, and trade secrets. You must have permission to use third party content from the content owners.

You understand and agree that as part of the Service, You may receive certain communications from Hubpages, such as account creation confirmations, service announcements, administrative messages and any of the opt-in Hubpages newsletters. If You do not want to receive such messages from Hubpages, cancel Your account.

4. RESTRICTIONS AND PROHIBITIONS ON USE

In Your use of the Website and Service You must abide by the following restrictions and prohibitions on use. As a Website user or Author, You may Not:

Create Hubs that include any Content or links that is pornographic, defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, or promotes any act of cruelty to animals.
Use Hubpages, the Website or Service to violate any Federal, state or local laws. Your Hubs must comply with all local laws regarding online conduct and acceptable content.
Hack the Website or modify any Hubs that are not Your own.
Link to any worms or viruses or any code of a destructive nature.
Link to pages or sites that are unrelated to the topic and content of Your Hub.
Remove, decompile, disassemble or reverse engineer any Hubpages Software (as defined below) or use any network monitoring or discovery software to determine the Website architecture.
Create Hubs in breach of a confidentiality or fiduciary obligation You may have.
Attempt to automatically redirect Website users to other domains, mislead users of the origins of the Content contained in Your Hubs, or use Your Hubs as storage for remote loading or to a website outside of the Website.
Impersonate another Author or any representative or employee of Hubpages.
Disrupt the Hubpages Service, or any servers by embedding code in the Hubs or otherwise attacking the Service.
Create Hubs for any illegal activities or to promote or make solicitations for any illegal or unauthorized activity.
Spam any Authors or mass email any Author in an automated fashion.
Collect personal identifiable information about the users of Your Hubs and sell or transfer that information.
Use any automatic or manual process to harvest email addresses or other information from the Website.
Harass, threaten or intimidate Authors or others who use the Service.
Create Hubs written primarily in a language other than English.
Promotes gambling or links to sites that promote/offer gambling for money.
Contains misleading tags and/or titles the don't match the the Hubs content, including irrelevant/excessive tagging.
Is overly promotional, including excessive linking to any one site or domain.
Engage in behavior designed to manipulate HubScores.

5. DISCONTINUATION OR MODIFICATION OF THE SERVICE

Hubpages reserves the right to modify or discontinue, temporarily or permanently, the Service or any portion thereof, without liability to You or any third party. In addition, Hubpages, in its sole discretion, may terminate Your password, account or use of or access to the Service (including Impression services), and remove and delete any Hubs or Content, for any reason.

6. PROPRIETARY RIGHTS CONTENT OWNERSHIP

The Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Hubpages or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. In addition, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website and Service are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Website, except as expressly allowed herein, is strictly prohibited. Hubpages may at any point make additional software and tools available to Authors in connection with the Service (.Additional Software.). Authors who incorporate such Additional Software into their Hubs may have to agree to additional terms and conditions before using such software, and all rules and obligations outlined in these Terms apply to the ownership and use of such Additional Software.

As a Author, You will be able to incorporate different types of content into Your Hubs ("Content"). Hubpages does not claim ownership of the Content You place on Your Hubs. The Content will be owned by You or a third party from whom You got permission to post the content. By placing Content on Your Hubs, however, You grant Hubpages a worldwide, royalty-free, and non-exclusive license, for as long as Your Hub is displayed on Hubpages, to reproduce, display, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Your Hub on Hubpages. Hubpages may preserve and store Content, and may also disclose Content if required to do so by law or if Hubpages believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Hubpages, its users and the public.

The Author, and not Hubpages, will be fully responsible for all Content that is uploaded, posted, transmitted or otherwise made available by the Author on their Hubs. Hubpages cannot guarantee the accuracy, integrity or quality of such Content. Hubpages does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content in a Hub for any reason, including Content that may violate these Terms, or that is otherwise objectionable. Hubpages also cannot take responsibility for anything that Your Hub users may do in reliance on the Content You post in Your Hubs.

7. TRADEMARKS AND SERVICE MARKS

"Hubpages," "HubScore," and "Hub" are Hubpages. service marks or trademarks. Other product and company names mentioned on the Website may be the trademarks of their respective owners.

8. LINKS TO THIRD PARTY WEBSITES

Your Hub and the Website may include links to other sites or resources over which Hubpages has no control or responsibility. Hubpages does not monitor, investigate or check these sites for accuracy or completeness. As a result, Hubpages is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites' availability, or any damages caused or alleged to be caused in connection with such external websites. All such external websites included as links in Your Hub or accessed by You via the Website is done at Your own risk and with Your own liability.

Hubpages provides pre-built modules that make it easy for You to find and add links to various sites. However, just because Hubpages provides these modules does not mean Hubpages is responsible for their accuracy. The Author is still responsible for what links he or she elects to put in his or her Hubs.

9. EARNING MONEY THROUGH HUBPAGES

Hubpages offers Authors the ability to share in impression ad revenue from third party websites ("Impressions") by assigning an affiliate ID for each third party account to your Hubpages account (an "ID"). For example, you can input your Amazon.com (1) or Google Adsense (2) Services information into your Hubpages account, and Hubpages will share the Impressions with that such services through that ID. Hubpages will provide a place to input your affiliate information from multiple third party programs into Hubpages.

Hubpages will rotate Your third party IDs into 60% of the Impressions on the Hubs You create. In order to share in the Impressions, You must have a valid account from the third party provider. These Impression-sharing Services are provided subject generally to these Terms of Service, and in particular the terms in this section. There may also be additional terms imposed by the third parties with whom You choose to do business.

Your use of the Services constitutes Your agreement to uphold and be subject to these additional terms and conditions.

You may also earn money through Hubpages by registering as a user, tying Your IDs to Your Hubpages account and then referring people to the Website. If they register, and create Hubs, Hubpages will place Your IDs on 20% of the Hubs impressions from the HubPages share that the users You signup create.

All Hubs must be set to an ad level of high that are commercial in nature, or link to another site.

Hubpages reserves the right to modify the Impression percentage share (including the percentage for referrals) at any time.

10. IMPRESSION PROGRAM PARTICIPATION

As a Website user or a Author, You agree to maintain compliance with the policies and eligibility requirements imposed by Hubpages, as well as those that may be imposed by third parties with whom You may engage in the course of Your participation in Impression sharing services.

By registering with third parties that share ad revenue with users and inputting that information into the Website, You hereby appoint Hubpages as Your exclusive agent to handle all such third party ad-sharing transactions as well as to input your ID into the pages you create.

It's possible that at some point, in Hubpages's sole discretion, Hubpages may elects not to maintain the structure described in this document. Hubpages may, for example, have to change the percentages or details of the Impression sharing. If Hubpages does need to change any significant terms, Hubpages will notify You by email, if reasonably practicable, at least two weeks before any such change occurs. At that point, You will have the option of removing Your Hubs from the Service if You choose to stop working with the Impression services under the new structure.

The Impression sharing is only for attributable Impressions. These are Impressions that occur directly on a particular Hub. Hubpages splits the Impressions based on a random rotation of Your ID and Hubpages' ID which is about a 60/40 split.

Third Party Account Earnings: As noted above, when You register for a third party ad revenue sharing service, and deliver your third party account information to Hubpages, Hubpages will connect to such third party account on Your behalf. Such third party will hold any revenues generated from the use of the third party services on Your Hubs. Such third party will track all earnings and deliver all payments to You in accordance with Your agreement with such third party.

Hubpages does not track revenues associated with such third party accounts.

Hubpages integrates with certain third party programs but does not warrant or guarantee the accuracy of such integration or such third party's website.

By using the Impression services, You acknowledge and agree that Hubpages will not be responsible for, and will not be obligated in any manner to repay You for, any lost earnings.

11. PRIVACY POLICY

Hubpages may disclose to third parties certain aggregate information contained in Your registration data or related data. Google Adsense may make use of behavior website surfing and use the data in an ad targeting engine. Hubpages will only disclose personally identifying information as authorized by You or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce these Terms, or in accordance with the Hubpages Privacy Policy which constitutes a part of these Terms and which you can access via this link: http://hubpages.com/user_agreement.

12. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, other than through the display and use of Your Hubs. You may start a service or services offering Hub building, Hubs analysis, or Hubs leveraging services to the public.

13. INDEMNIFICATION

You agree to indemnify, defend and hold Hubpages and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms or use of the Website.

14. DISCLAIMER

THE WEBSITE AND SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE", WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HUBPAGES MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

15. LIMITATION OF LIABILITY

You expressly understand and agree that Hubpages will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from the use or the inability to use the Service or Website, unauthorized access to or alteration of Your Hubs, Content transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service. Hubpages also will not be liable for any loss or damage arising from Your failure to comply with the provisions of these Terms.

16. COPYRIGHTS AND COPYRIGHT AGENTS

We respect the intellectual property of others, and we ask you to do the same. If you believe that your content or other work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement via the Service can be reached by directing an e-mail to the Copyright Agent at team@hubpages.com

17. GOVERNING LAW

These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions.

18. ENTIRE AGREEMENT

These Terms, together with the Hubpages Privacy Policy and any other agreements incorporated by reference in these Terms or entered into between You and Hubpages in connection with Your registration as a Author, constitute the entire agreement between You and Hubpages and govern Your use of the Service, superseding any prior agreements between You and Hubpages. You also may be subject to additional terms and conditions that may apply when You use affiliate or other Hubpages services (such as Impression services), third-party content or third-party software.

19. WAIVER

The failure of Hubpages to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.

20. DISPUTE RESOLUTION

If a dispute arises during your use of the Service or Website or under these Terms, You agree to abide by Hubpages. dispute resolution principles by proceeding in this order of dispute resolution, only proceeding to the next step if the previous step has not resolved the issue satisfactorily.

Read our FAQ file posted at http://www.hubpages.com/help to see if Your question has been previously answered.
Send an email to Hubpages at: team@hubpages.com describing the nature of the issue.
Send Hubpages a letter by registered mail, outlining in detail the problem, steps taken and matters remaining to be resolved to: 95 Minna Street, CA 94105
If, after two weeks, the matter has not been resolved, You agree to submit to binding arbitration, to be conducted by a member of the American Arbitration Association, in San Francisco, at Your expense. If You win, Hubpages will pay the arbitration expenses and Your reasonable attorney's fees. If Hubpages wins, You agree to do the same for Hubpages.

By accepting these terms, You waive Your right to go to court, to have a jury trial or to participate in a class action lawsuit. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must brought under this dispute resolution policy within one (1) year after such claim or cause of action arose or be forever barred.

1 Amazon.com is the registered trademark of Amazon.com, Inc.

2 Google, and Adsense are the trademarks of Google, Inc.