Terms of Use

Legal Contract

Welcome to Hunkomania.com. These Terms of Use apply to all websites operated by Hunkomania USA, L.L.C. ("Hunkomania", "Us,", "Our" "We", or the "Company."), and constitute a legal agreement between you and Hunkomania. Hunkomania owns several domain names that link to this site, including but not limited to: Hunkomania.com, Hunkomaniausa.com and Usahunk.com

There is a minimum purchase required of at least 10 tickets to qualify for the free ticket offer.

For purposes of this agreement the term "Website" thus refers to this site regardless of whether you accessed it directly through Hunkomania.com or through some other Web address. IMPORTANT! PLEASE READ CAREFULLY.

These Terms of Use constitute a legal agreement between you and Hunkomania governing your use of this website (the "Website"). YOUR AFFIRMATIVE ACT OF USING THE WEBSITE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE (i) HUNKOMANIA PRIVACY POLICY US WITH TRANSACT TO AND FROM NOTICES REQUIRED RECEIVE CONSENT YOU USE. OF TERMS THESE INTO REFERENCE BY INCORPORATED HEREBY ARE WHICH ALL WEBSITE, APPLICABLE THE SUPPLEMENTAL ANY (ii) POLICY PRIVACY. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE!

Changes to the Terms of Use

We may change these Terms of Use at any time. You are responsible for checking the Terms of Use from time to time. Your continued use of this Website signifies your acceptance of the most recent Terms of Use then in effect.

Electronic Communications

When you visit our Website or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all notices, disclosures, and other communications that we make electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, you must stop using this Website.

Changes To This Website/Right To Terminate/Sale of Company

We may change or discontinue this Website or any feature on it at any time with or without notice. Hunkomania may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Websites for any or no reason, including, without limitation, breach of these Terms of Use or the infringement of copyrights owned by third parties.

In the event that Hunkomania is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume Hunkomania' obligations as to these Terms of Use and associated Privacy Policy.

Access and Availability of Services and Links

The Hunkomania Website may contain links to other World Wide Web Internet sites. Interactions that occur between you and the third party are strictly between you and such third-party Websites are not the responsibility of Hunkomania. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Hunkomania does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site, and we encourage you to read those third party Website's applicable Terms and Conditions and Privacy Policies.

Entire Agreement

These Terms of Use are the entire agreement between you and Hunkomania for your use of the Website. Hunkomania' failure to enforce any term shall not waive it. Any term found invalid or unenforceable by a court shall not affect the validity and enforceability of other terms.

Indemnification

To the extent that you violate any of these Terms of Use, you agree to indemnify and hold harmless Hunkomania as to the civil and/or criminal consequences of your actions, including costs and attorney fees where relevant.

Choice Of Law; Arbitration

These terms of use shall be governed by the law of New York State, and subject to binding arbitration by a three-person panel in New York City, under the rules of the American Arbitration Association, which shall have exclusive jurisdiction over all claims between you and Hunkomania relating to or arising out of your use of this Website. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. However, nothing in this mandatory arbitration clause shall limit a party from seeking any equitable relief from a court of proper jurisdiction in New York.

YOUR RESPONSIBILITIES

Access To This Website Is By License Only

Hunkomania grants to you a limited license to access the Website for personal use and enjoyment.

Unless otherwise stated, all materials published on the Website (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Hunkomania. See Section V., "Intellectual Property" below.

Except as indicated on the Website, this license does not permit you to copy, modify, or distribute any part of the Website. You may not use data-mining, robots, or any other data-gathering and extraction tools. You may not use webpage frames to enclose any part of the Website. You may not use any metatags or other hidden text that includes Hunkomania' trademarks or trade name. You may not use the Website for any unlawful purpose.

You agree that any information, feedback, questions, and / or comments ("Submissions") that you make to us via this Website may be considered non-proprietary and non-confidential. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques, without attribution. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.

Prohibited Conduct

You may use this Website for lawful purposes only. You may not submit or transmit through the Website any material or engage in any conduct that: violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuously interferes with another, or contains explicit or graphic descriptions, or accounts of, sexual acts; is libelous, obscene, threatening, defamatory, pornographic, profane, sexually explicit, abusive, is otherwise objectionable, or which otherwise violates any law, rule or regulation or the rights of a third party; forges e-mail headers or otherwise disguises the origin of any communication; victimizes or harasses, degrades, or intimidates any individual or group of individuals; impersonates any person, business or entity including Hunkomania and its employees or agents; contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telephonic (including cable) equipment and/or is likely to harm Hunkomania' or a third party's computer system; allows for you or any third party to unlawfully access the computer of a third party or a computer network; encourages conduct that constitutes a criminal act or that gives rise to civil liability; violates these Terms of Use or any policy posted on this Website as in Section I.A. above or otherwise interferes with the rights of others.

You further agree that you will not post or transmit any photograph of another person without that person's consent.

You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Website.

You may not attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process. We may take any legal and technical remedies to prevent the violation of this provision and to otherwise enforce these Terms of Use.

Information Provided On The Website

The Website provides information about upcoming performances, ticket prices, merchandise available for sale, and other content. Please note that despite our efforts to keep this information current and accurate, we do not warrant that all content is current, complete or accurate and reserve the right to reject any request or order based on inaccurate or out of date information. If you have questions about any particular information, please contact us for further details.

Privacy Policy

Please read our Privacy Policy, incorporated here by reference, which also governs your visit to our Website.

Children

This Website is not intended for children. Anyone under the age of 18 should not use it in any way.

ADDITIONAL TERMS

The Website contains certain areas where due to the special nature of the services provided on those webpages we may provide additional usage rules and terms that are incorporated into these Terms of Use by reference. By using the Website you agree to these additional rules and terms. Some of the additional terms that apply to specific webpages or other services offered by Hunkomania are set forth below.

The Hunkomania Newsletter

You may sign up to receive the Hunkomania newsletter by providing your email address and other information to us. While we attempt to ensure that all information in the newsletter is accurate, we do not warrant that the information in the newsletter will be error free and reserve the right to reject any order or request based on inaccurate or out of date information. Please contact us at [email protected] for further information about any offerings in our newsletter or to unsubscribe.

The Photo Gallery

The Gallery webpages include photographs from recent Hunkomania events that we think you may enjoy for your personal use. While Hunkomania has authority to use these photos on line, any individual in the photographs not employed by Hunkomania could object if you make any further publication or distribution. Such conduct would also violate the Copyright provisions of this Website as described more fully below.

Downloads and Uploads

The Websites may also offer the opportunity to upload content to and/or transmit content from www.hunkomania.com, including fan pictures and e-cards. You agree that your uploading and/or transmittal of content does not violate any of provisions set forth under Section II. B. of these Terms of Use. If you upload content to the Websites and/or transmit content from the Website, you grant to Hunkomania a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, publish, create derivative works (including products) from, distribute, and display such content throughout the world in all media. You grant to Hunkomania the right to use the name that you submit in connection with such content. You warrant that you own or otherwise control all of the rights to such content, that it is accurate, and that its use does not violate this policy and will not injure any person or entity. Hunkomania has the right but not the obligation to monitor, edit, and remove any posted content, and assumes no liability for any such content.

With respect to any photograph or likeness that you submit, You acknowledge that any such photograph or likeness may be reproduced, published, transmitted and displayed by Hunkomania in any manner, pursuant to Section II.A., above. You indemnify Hunkomania for all claims resulting from your submission of such content. Hunkomania assumes no liability for any such content.

Linking To and From www.hunkomania.com

This Website may have hyperlinks to other Websites, and we encourage our fans to create Hunkomania-related fan Websites, and to add links to such sites in the Hunkomania Forum section of the Website, subject to the provisions of the Hunkomania Terms of Use already stated. If these fan sites comply with the Hunkomania Fan Site Guidelines, such fan sites may be eligible to receive special content and other exclusive material from Hunkomania, such as: free tickets, clothing, or other items from the Hunkomania Boutique. Fan sites in compliance with the Terms of Use may use a specialized icon to link to this Website. Other sites may link to this Website only by utilizing plain text links that are clearly marked "Hunkomania."

In addition, any Websites linking to this Website must meet the following criteria: Any text-only link must be clearly marked "Hunkomania" The appearance, position and other aspects of either the link or the host Website may not create the false impression that an entity other than Hunkomania is associated with or sponsored by Hunkomania The appearance, position and other aspects of either the link or the host Website may not, in the opinion of Hunkomania, be such as to damage or dilute the goodwill associated with Hunkomania' name and trademarks the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked Website

Hunkomania reserves the right to revoke its consent to the link at any time in its sole discretion by amending this Terms of Use.

Hunkomania has no control over Websites linked to or from www.hunkomania.com, and is not responsible for the content, practices, operators, availability, accuracy, products, services, or other materials on or available from any such Websites. We urge you to review the terms of use of any Website that you visit.

Terms and Conditions

In addition to the provisions contained in these Terms of Use, the following terms apply specifically to the Hunkomania Boutique.

By placing an order, you certify that you are able to pay for the item(s) in your order.

By placing an order with the Hunkomania Boutique you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address). The items on the Hunkomania Boutique are mature audience items and are restricted to adult use. If you place an order for an item on the Hunkomania Boutique, you are certifying that you are at least 21 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Hunkomania Boutique and your purchase of items.

You are responsible for the accuracy of any purchase placed.

We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.

Due to some country, state and county laws, we may not be able to ship certain merchandise to your address.

We reserve the right to add and/or remove items on the Hunkomania Boutique, for any reason, at any time.

We reserve the right to limit quantities of items sold.

You may not transfer or sell your User ID or account to another party.

Unless otherwise stated, all prices are quoted in U.S. Dollars.

In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed.

We use our best efforts to ensure that the correct price is posted for each item in the Hunkomania Boutique. If, however, an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Products available from the Hunkomania Boutique may be advertised on third party shopping websites. Hunkomania is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on the Hunkomania Boutique, including, but not limited to pricing information. In the event that a difference exists, information found on the Hunkomania Boutique shall govern.

All purchases from the Hunkomania Boutique are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.

Hunkomania attempts to describe all of the products on the Hunkomania Boutique as accurately as possible. However, Hunkomania does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error-free. If a product offered on the Hunkomania Boutique is not as described, your sole remedy is to return it in unused condition.

No contract will exist between you and Hunkomania for products until Hunkomania accepts your order by a confirmatory e-mail or other appropriate means of communication. All prices are stated in U.S. dollars and are valid unless mistakenly posted or until altered by Hunkomania. Prices do not include delivery charges or any import or export duties that may be added by the applicable jurisdiction.. Shipping charges will be added to your order during the check-out process.

If you order products and the published price was incorrect, Hunkomania will contact you with the correct price and ask whether you still wish to order at the correct price. Any dates specified for delivery of any products are only an estimate.

Return Policy

All purchases from the Hunkomania Boutique are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.

You may return certain items purchased within thirty (30) days of delivery of a shipment for a full refund.

Where applicable, clothes must still have the original tags attached, and items such as CD's, DVD's, magazines, VHS tapes, cassette tapes and software must be unopened.

Attempts to stop payment on non-returnable items will be vigorously opposed by Hunkomania to the fullest extent of the law. In the event that any such action results in a judgment in our favor, we retain the right to recover, and you will be responsible for paying our reasonable attorneys' fees.

Purchasing Tickets To A Hunkomania Show

You may buy select tickets for a Hunkomania performance online by following the appropriate links from "The Show" section. Any of these ticket offerings on the Website link to websites that are outside the ownership and control of Hunkomania. Hunkomania is therefore not responsible for any errors, excess charges or the like that may occur form time to time with respect to any tickets for our shows that are purchased by following Web links to outside vendors from any Hunkomania website.

INTELLECTUAL PROPERTY

Copyright

Unless otherwise stated, all content on this Website, such as text, images, logos, button icons, audio clips, data compilations, and software, is the property of Hunkomania or third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Hunkomania grants to you a limited license to copy its content for your personal use, for example by downloading, printing, or saving to your individual storage medium. You must not remove or alter any proprietary notice included in the content.

This limited license does not apply to any copyrighted materials on this Website that are owned by third parties. You are solely responsible for determining whether and under what conditions you may download, print, or otherwise use the copyrighted material of third parties.

Trademarks

Hunkomania is a registered trademarks owned by Hunkomania USA, L.L.C. Both the registered and common-law trademarks are the property of Hunkomania. Hunkomania ' trademarks, trade name, and trade dress may not be used in connection with any non-Hunkomania product or service, in any manner likely to cause confusion for customers, or to blur or tarnish the distinctiveness of our trademarks, or in any manner that disparages Hunkomania. Trademarks not owned by Hunkomania that appear on this Website are the property of their respective owners, who may or may not be affiliated with or sponsored by Hunkomania .

Enforcement Of Intellectual Property Rights

Hunkomania takes the protection of its intellectual property very seriously and has brought many actions against infringers who used its name or trademarks.

Copyright Complaints

If you believe that your work has been used on our Website in a way that infringes your copyright, please contact our agent for notice of claims of copyright infringement at Hunkomania USA, LLC, or at [email protected]. You must provide the following information, which we may then forward to the alleged infringer:

- A description of the material that you believe infringes your work, with enough detail for us to locate it on the Website
- Your address, telephone number, and e-mail address
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the above information is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner your physical or electronic signature. Upon receiving your complaint, we may remove the allegedly infringing content

Children

This Website is not intended for children. Anyone under the age of 18 should not use it in any way.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. HUNKOMANIA DOES NOT WARRANT THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, Hunkomania DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HUNKOMANIA DOES NOT WARRANT THAT THE OPERATION OF THIS WEBSITE IS RELIABLE OR ERROR-FREE, OR THAT TRANSMISSIONS FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. Hunkomania WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES. SOME STATE LAWS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. THOSE LAWS MAY GIVE YOU ADDITIONAL RIGHTS UNDER THE DISCLAIMERS ABOVE.

CONTACTING US

If you have questions or comments about these terms of use, please contact:

[email protected]