Terms of Service

Effective August 18, 2008

HuskerLocker.com is an online social networking service. HuskerLocker.com permits individuals to use the system to create individual profiles and then connect, or network, with others; with the primary goal of allowing people and groups (organizations, clubs, and informal groups) to connect and communicate online. HuskerLocker.com is operated by Husker Locker, Inc. By using HuskerLocker.com (“the service”) you agree to be bound by these Terms of Use.

These Terms of Use set forth the terms for your use of the HuskerLocker.com service. HuskerLocker.com may modify these Terms of Use from time to time and such modification shall be effective upon posting by HuskerLocker.com on HuskerLocker.com. You agree to be bound to any changes to this Agreement when you use the HuskerLocker.com system after any such modification is posted. These Terms of Service include the HuskerLocker.com policy for acceptable use and content posted on HuskerLocker.com, your rights, obligations and restrictions regarding your use of HuskerLocker.com. In addition, the Terms of Use also include the HuskerLocker.com Privacy Policy.

Please choose carefully the information you post on HuskerLocker.com and that you provide to other members. Your personal HuskerLocker.com profile may not include the following items: telephone numbers, and street addresses. If you request that HuskerLocker.com provide you group services (including a club, fan, or informal group) you will be asked for mailing address and phone number, and these will be displayed on the group or fan page. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. What is offensive will be solely determined by HuskerLocker.com. Information provided by other HuskerLocker.com members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and HuskerLocker.com assumes no responsibility or liability for this material.

HuskerLocker.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the HuskerLocker.com system at any time, for any or no reason, with or without prior notice, and without liability.

By participating in any offline HuskerLocker.com event, you agree to release and hold HuskerLocker.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline HuskerLocker.com event or any reliance by you on any information included in HuskerLocker.com. Further, you agree that any damage caused by material being removed from HuskerLocker.com is waived and you have no cause or course of action against Husker Locker, Inc. and any such removal or deletion of material.

Eligibility. Participation in HuskerLocker.com and use of the system is void where prohibited. By using HuskerLocker.com and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent, warrant, and agree that your use of the HuskerLocker.com shall not violate any applicable law or regulation. Your profile may be deleted without warning or permission from you, for any reason and without notice from HuskerLocker.com. Your participation on HuskerLocker.com and use of the system is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other who use HuskerLocker.com.

Term/Fees. You may terminate your participation in HuskerLocker.com at any time, for any reason by using the “Contact Us” link at the bottom of any page on HuskerLocker.com. HuskerLocker.com may terminate your profile and your use of the HuskerLocker.com service for any reason, effective upon sending notice to you at the email address you provide to HuskerLocker.com. Use of HuskerLocker.com is free, but you acknowledge that HuskerLocker.com reserves the right to charge for the use of HuskerLocker.com in the future upon terms and conditions, which may be posted and communicated by HuskerLocker.com. If HuskerLocker.com charges for the service in the future, you will be notified and offered an opportunity to discontinue use of the service for a reasonable period of time, before any charges apply to continued use of the service.

Non-Commercial Use. HuskerLocker.com is for the personal use of participants only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of HuskerLocker.com. Illegal and/or unauthorized use of HuskerLocker.com, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking of HuskerLocker.com is not permitted and will be investigated and reported to appropriate law enforcement agencies. Appropriate legal action will be taken by HuskerLocker.com for any illegal or unauthorized use of HuskerLocker.com.

Proprietary Rights in Content on HuskerLocker.com. HuskerLocker.com owns and retains all proprietary rights in HuskerLocker.com, the services on HuskerLocker.com, and all content posted on HuskerLocker.com. HuskerLocker.com contains copyrighted material, trademarks, and other proprietary information of HuskerLocker.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on HuskerLocker.com. You understand and agree that HuskerLocker.com may review and delete any content; including photos, profiles, messages, forum posts, blog posts or any other content of whatever nature posted on HuskerLocker.com (collectively, “Content”) that in the sole judgment of HuskerLocker.com violate these terms of use which may be offensive, illegal or violate the rights, harm, or threaten the safety of any participant in HuskerLocker.com. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on HuskerLocker.com or any material or information that you transmit to others who use HuskerLocker.com. By posting any content to the public areas of HuskerLocker.com, you hereby grant to HuskerLocker.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such content on HuskerLocker.com or other forums, publications, or venues as determined by HuskerLocker.com. HuskerLocker.com will discontinue this licensed use within a commercially reasonable period after such Content is removed from HuskerLocker.com. You represent and warrant that: (i) you own the content posted by you on HuskerLocker.com or otherwise have the right to grant the license set forth in this section, and (ii) your content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any content you post on HuskerLocker.com. HuskerLocker.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the system and terminating the account of such violators. The following is a partial list of the kind of content that is illegal or prohibited on HuskerLocker.com. Prohibited content includes, but is not limited to content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone under 18; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes. e. You must use the HuskerLocker.com system in a manner consistent with any and all applicable laws and regulations. f. You may not include in your profile any telephone numbers, street addresses, or email addresses. g. You may not engage in advertising to, or solicitation of, anyone in HuskerLocker.com to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to others who use HuskerLocker.com. Although HuskerLocker.com cannot monitor the conduct of anyone off HuskerLocker.com, it is also a violation of these terms of use to use any information obtained from HuskerLocker.com in order to harass, abuse, or harm another pers on , or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. h. You may not cover or obscure the banner advertisements on your personal profile page, or any HuskerLocker.com page via HTML/CSS or any other means. i. Any automated use of the system, such as using scripts to add friends, is prohibited. j. You may not attempt to impersonate another user or person who is not a member of HuskerLocker.com. k. You may not copy the content of others posted in HuskerLocker.com in an illegal manner. l. You may not use the account, username, or password of another participant at any time nor may you disclose your password to any third party or permit any third party to access your account. m. You may not sell or otherwise transfer your profile.

Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of HuskerLocker.com to terminate your participation in HuskerLocker.com if you repeatedly infringe copyright upon prompt notification to HuskerLocker.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on HuskerLocker.com in a way that constitutes copyright infringement, please provide our Copyright Agent at legal@newdigitalgroup.com with 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 HuskerLocker.com; your address, telephone number, and email address; a written 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; 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. HuskerLocker.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, HuskerLocker.com, P.O. Box 83672, Lincoln, NE 68501, or email at legal@newdigitalgroup.com.

Member Disputes. You are solely responsible for your interactions with others on HuskerLocker.com. HuskerLocker.com reserves the right, but has no obligation, to monitor disputes between you and others on HuskerLocker.com.

Privacy. Use of HuskerLocker.com and/or the Service is also governed by our Privacy Policy.

Disclaimers. HuskerLocker.com is not responsible for any incorrect or inaccurate content posted on HuskerLocker.com or in connection with the system, whether caused by users of HuskerLocker.com, Members or by any of the equipment or programming associated with or utilized in the system. HuskerLocker.com is not responsible for the conduct, whether online or offline, of any participant of HuskerLocker.com. HuskerLocker.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. HuskerLocker.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with HuskerLocker.com and/or in connection with the Service. Under no circumstances shall HuskerLocker.com be responsible for any loss or damage, including personal injury or death, resulting from use of HuskerLocker.com or the Service or from any Content posted on HuskerLocker.com or transmitted to Members, or any interactions between users of HuskerLocker.com, whether online or offline. HuskerLocker.com and the Service are provided “AS-IS” and HuskerLocker.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HuskerLocker.com cannot guarantee and does not promise any specific results from use of HuskerLocker.com and/or the Service.

Limitation on Liability. IN NO EVENT SHALL HuskerLocker.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF HuskerLocker.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HuskerLocker.com.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO HuskerLocker.com FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

U.S. Export Controls. The systems and software which operate this site is further subject to United States export controls. No software may be downloaded from HuskerLocker.com or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the HuskerLocker.com system, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disputes. If there is any dispute about or involving HuskerLocker.com, by using HuskerLocker.com, you agree that any dispute shall be governed by the laws of the State of Nebraska without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Nebraska, City of Lincoln, United States of America.

Indemnity. You agree to indemnify and hold HuskerLocker.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of HuskerLocker.com in violation of these Terms of Use.

Other. This Agreement is accepted upon your use of HuskerLocker.com and is further affirmed by you becoming a participant in HuskerLocker.com. These Terms of Use constitutes the entire agreement between you and HuskerLocker.com regarding the use of HuskerLocker.com. The failure of HuskerLocker.com to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Please contact us with any questions regarding these Terms of Use.

I HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.