HOWKA.COM Website: Terms of Use, Legal Agreement

USER Privacy:

HOWKA.COM and its associates respect your privacy and are committed to protecting your privacy. The HOWKA.COM website has been actively structured so that, in general, you can visit www.howka.com without identifying yourself or revealing any personal information. HOWKA.COM and its associates will not Rent, Sell or Share your personal information.

CONTRIBUTOR Privacy:

HOWKA.COM is by nature an informational digital publication and resource hub that actively formats and targets its Content to be easily accessed by the internet spiders, robots and web crawlers in order for them to index www.howka.com Content, specifically for the internet search engines. As a result, any Content You Post is available to and may be electronically harvested by third parties, and made available, hyper-linked, to millions of computers around the world through common internet search engines. www.howka.com may publish your relevant personal information, as may be included within the sharing, informational, artists' promotional format of the www.howka.com web site.

USER AGREEMENT:

1) GENERAL:

1.1 This legally–binding user agreement governs your use of the www.howka.com website, hereafter referred to as "HOWKA SITE." Additional terms and conditions of use applicable to specific areas of HOWKA SITE may also be posted in such HOWKA SITE site areas, including written contracts and invoices, and together with this Agreement, govern your use of those areas and all HOWKA SITE Content. This Agreement, together with any such additional terms and conditions and notices, including attached, enclosed "ReadMe" and "License" files, shall be hereafter referred to as "Agreement."

1.2 HOWKA SITE reserves the right, in its discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon uploading the updated, revised Ageement here. Your continued use of HOWKA SITE constitutes your binding acceptance of all terms and conditions, including any changes or modifications made by HOWKA SITE as permitted above. If at any time the terms and conditions of the Agreement are no longer acceptable to you, you should immediately cease all use of HOWKA SITE.

2) USE OF CONTENT:

2.1 Under the Agreement, you acknowledge that HOWKA SITE contains information, software, photographs, audio and video clips, graphics, original art, links and other material, hereafter referred to as "Content," that are protected by Federal and International copyright laws, trademark or other proprietary rights of HOWKA SITE, contributors or third parties. All Content on HOWKA SITE is copyrighted as a collective work of HOWKA SITE pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through HOWKA SITE. You may NOT use HOWKA SITE Content for any purpose whatsoever without the express written permission of the HOWKA SITE webmaster.

2.2 You may not rent, sell, share, or financially benefit from or alter HOWKA SITE Content in any way or form whatsoever.

2.3 Except as may be expressly permitted in the Agreement, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the HOWKA SITE Content, in whole or in part."

3) No Endorsement:

3.1 HOWKA SITE does not represent or endorse the accuracy or reliability of any Content posted on HOWKA SITE or its hyper-links, and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed by HOWKA SITE or its linked sites represents the views of the user posting the statement, and does not represent the views of HOWKA SITE.

3.2 HOWKA SITE may contain links to sites on the Internet which are owned and operated by third parties, hereafter referred to as "External Sites." You acknowledge that HOWKA SITE is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding the content located on such External Sites.

4) Disclaimer of Warranties; Limitation of Liability:

4.1 Neither HOWKA SITE nor any provider of third party content or their respective agents warrants that HOWKA SITE will be uninterrupted or error free; nor does HOWKA SITE, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the Content. HOWKA SITE and the Content are distributed on an "as is, as available" basis. None of HOWKA SITE, third party content providers and their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to HOWKA SITE and the Content. Neither HOWKA SITE nor any third party content provider warrants that any Content available for downloading through the service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the Content is assumed solely by you.

4.2 Neither HOWKA SITE, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use HOWKA SITE, even if such party has been advised of the possibility of such damages.

4.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of HOWKA SITE, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.

5) Miscellaneous:

This Agreement shall be construed in accordance with the laws of the State of California, without reference to principles of choice of law. You and HOWKA SITE each irrevocably consent to the personal jurisdiction of the federal or state courts located in San Diego, California, with respect to any action, suit or proceeding arising out of or related to this Agreement or to you or HOWKA SITE, including without limitation any Content You Post or other Content, and waive any objection, to venue in any of the Courts for such an action, suit or proceeding. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on HOWKA SITE — such as agreed written terms signed by both parties — shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (a) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (b) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (c) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.

WEBMASTER