HKTUBE TERMS OF USE

1. ACCEPTANCE OF TERMS

A) HKTUBE PROVIDES A COLLECTION OF ONLINE RESOURCES, (REFERRED TO HEREAFTER AS "THE SERVICE") SUBJECT TO THE FOLLOWING TERMS OF USE ("TERMS"), WHICH MAY BE UPDATED BY HKTUBE FROM TIME TO TIME. HKTUBE RESERVES THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY OR OTHERWISE ALTER THESE TERMS AND CONDITIONS AT ANY TIME. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING THEREOF. YOU MUST REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF APPRISED OF ANY CHANGES. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AT:http://www.hktube.com/policy/terms.htm

B) BY USING THE SERVICE IN ANY WAY, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IN ADDITION, WHEN USING ANY HKTUBE SERVICE, YOU AND YOUR COMPANY OR GROUPS AGREE TO ABIDE BY ANY APPLICABLE POSTED GUIDELINES FOR ALL HKTUBE SERVICES, WHICH MAY CHANGE FROM TIME TO TIME. SHOULD YOU OBJECT TO ANY CONDITION OF THESE TERMS, ANY GUIDELINES, OR ANY SUBSEQUENT MODIFICATIONS THERETO OR BECOME DISSATISFIED WITH HKTUBE IN ANY WAY, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF HKTUBE.

2. CONTENT

YOU UNDERSTAND THAT ALL LISTINGS, MESSAGES, TEXT, FILES, IMAGES, PHOTOS, VIDEO, SOUNDS, OR OTHER MATERIALS ("CONTENT") POSTED ON, TRANSMITTED THROUGH, OR LINKED FROM THE SERVICE, ARE THE SOLE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. MORE SPECIFICALLY, YOU ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU POST, SEND, EMAIL OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. YOU UNDERSTAND THAT HKTUBE DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR CONTENT MADE AVAILABLE THROUGH THE SERVICE, AND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, INACCURATE, MISLEADING, OR OTHERWISE OBJECTIONABLE. FURTHERMORE, THE HKTUBE SITE AND CONTENT AVAILABLE THROUGH THE SERVICE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE COMPLETELY INDEPENDENT OF HKTUBE. YOUR LINKING TO ANY OTHER WEBSITE IS AT YOUR OWN RISK. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, THAT YOU MAY NOT RELY ON SAID CONTENT, AND THAT UNDER NO CIRCUMSTANCES WILL HKTUBE BE LIABLE IN ANY WAY FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, SENT, EMAILED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. YOU ACKNOWLEDGE THAT HKTUBE DOES NOT PRE-SCREEN OR APPROVE CONTENT, BUT THAT HKTUBE SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN ITS SOLE DISCRETION TO REFUSE, DELETE OR MOVE ANY CONTENT THAT IS AVAILABLE VIA THE SERVICE, FOR VIOLATING OF THE TERMS, GUIDELINES, OR FOR ANY OTHER REASON.

3. THIRD PARTY CONTENT, SITES, AND SERVICES

THE HKTUBE SITE AND CONTENT AVAILABLE THROUGH THE SERVICE MAY CONTAIN FEATURES AND FUNCTIONALITIES THAT MAY LINK YOU OR PROVIDE YOU WITH ACCESS TO THIRD PARTY CONTENT WHICH IS COMPLETELY INDEPENDENT OF HKTUBE, INCLUDING WEB SITES, DIRECTORIES, SERVERS, NETWORKS, SYSTEMS, INFORMATION AND DATABASES, APPLICATIONS, SOFTWARE, PROGRAMS, PRODUCTS OR SERVICES, AND THE INTERNET AS A WHOLE.

YOU AGREE THAT HKTUBE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THIS SITE, OR BETWEEN USERS AND ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT HKTUBE IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE HKTUBE, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND / OR OUR SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

4. INTELLECTUAL PROPERTY RIGHTS

THE CONTENT ON THE HKTUBE WEBSITE, EXCEPT ALL USER SUBMISSIONS (AS DEFINED BELOW), INCLUDING WITHOUT LIMITATION, THE TEXT, SOFTWARE, SCRIPTS, GRAPHICS, PHOTOS, SOUNDS, MUSIC, VIDEOS, INTERACTIVE FEATURES AND THE LIKE ("CONTENT") AND THE TRADEMARKS, SERVICE MARKS AND LOGOS CONTAINED THEREIN ("MARKS"), ARE OWNED BY OR LICENSED TO HKTUBE, SUBJECT TO COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS UNDER UNITED STATES AND FOREIGN LAWS AND INTERNATIONAL CONVENTIONS. CONTENT ON THE WEBSITE IS PROVIDED TO YOU AS IS FOR YOUR INFORMATION AND PERSONAL USE ONLY AND MAY NOT BE USED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY OTHER PURPOSES WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF THE RESPECTIVE OWNERS. HKTUBE RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE WEBSITE AND THE CONTENT. YOU AGREE TO NOT ENGAGE IN THE USE, COPYING, OR DISTRIBUTION OF ANY OF THE CONTENT OTHER THAN EXPRESSLY PERMITTED HEREIN, INCLUDING ANY USE, COPYING, ORDISTRIBUTION OF USER SUBMISSIONS OF THIRD PARTIES OBTAINED THROUGH THE WEBSITE FOR ANY COMMERCIAL PURPOSES. IF YOU DOWNLOAD OR PRINT A COPY OF THE CONTENT FOR PERSONAL USE, YOU MUST RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES CONTAINED THEREIN. YOU AGREE NOT TO CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY RELATED FEATURES OF THE HKTUBE WEBSITE OR FEATURES THAT PREVENT OR RESTRICT USE OR COPYING OF ANY CONTENT OR ENFORCE LIMITATIONS ON USE OF THE HKTUBE WEBSITE OR THE CONTENT THEREIN.

5. USER SUBMISSIONS

A. THE HKTUBE WEBSITE MAY NOW OR IN THE FUTURE PERMIT THE SUBMISSION OF VIDEOS OR OTHER COMMUNICATIONS SUBMITTED BY YOU AND OTHER USERS ("USER SUBMISSIONS") AND THE HOSTING, SHARING, AND/OR PUBLISHING OF SUCH USER SUBMISSIONS. YOU UNDERSTAND THAT WHETHER OR NOT SUCH USER SUBMISSIONS ARE PUBLISHED, HKTUBE DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUBMISSIONS.

B. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR OWN USER SUBMISSIONS AND THE CONSEQUENCES OF POSTING OR PUBLISHING THEM. IN CONNECTION WITH USER SUBMISSIONS, YOU AFFIRM, REPRESENT, AND/OR WARRANT THAT: (I) YOU OWN OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS TO USE AND AUTHORIZE HKTUBE TO USE ALL PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY RIGHTS IN AND TO ANY AND ALL USER SUBMISSIONS TO ENABLE INCLUSION AND USE OF THE USER SUBMISSIONS IN THE MANNER CONTEMPLATED BY THE WEBSITE AND THESE TERMS OF SERVICE; AND (II) YOU HAVE THE WRITTEN CONSENT, RELEASE, AND/OR PERMISSION OF EACH AND EVERY IDENTIFIABLE INDIVIDUAL PERSON IN THE USER SUBMISSION TO USE THE NAME OR LIKENESS OF EACH AND EVERY SUCH IDENTIFIABLE INDIVIDUAL PERSON TO ENABLE INCLUSION AND USE OF THE USER SUBMISSIONS IN THE MANNER CONTEMPLATED BY THE WEBSITE AND THESE TERMS OF SERVICE. FOR CLARITY, YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS. HOWEVER, BY SUBMITTING THE USER SUBMISSIONS TO HKTUBE, YOU HEREBY GRANT HKTUBE A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, SUBLICENSEABLE AND TRANSFERABLE LICENSE TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND PERFORM THE USER SUBMISSIONS IN CONNECTION WITH THE HKTUBE WEBSITE AND HKTUBE'S (AND ITS SUCCESSOR'S) BUSINESS, INCLUDING WITHOUT LIMITATION FOR PROMOTING AND REDISTRIBUTING PART OR ALL OF THE HKTUBE WEBSITE (AND DERIVATIVE WORKS THEREOF) IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA CHANNELS. YOU ALSO HEREBY GRANT EACH USER OF THE HKTUBE WEBSITE A NON-EXCLUSIVE LICENSE TO ACCESS YOUR USER SUBMISSIONS THROUGH THE WEBSITE, AND TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY AND PERFORM SUCH USER SUBMISSIONS AS PERMITTED THROUGH THE FUNCTIONALITY OF THE WEBSITE AND UNDER THESE TERMS OF SERVICE. THE FOREGOING LICENSE GRANTED BY YOU TERMINATES ONCE YOU REMOVE OR DELETE A USER SUBMISSION FROM THE HKTUBE WEBSITE.

C. IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED, PROTECTED BY TRADE SECRET OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT HKTUBE ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE HKTUBE OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR IS OTHERWISE INAPPROPRIATE; (IV) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS: (V) IMPERSONATE ANOTHER PERSON. HKTUBE DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND HKTUBE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. HKTUBE DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND HKTUBE WILL REMOVE ALL CONTENT AND USER SUBMISSIONS IF PROPERLY NOTIFIED THAT SUCH CONTENT OR USER SUBMISSION INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS. HKTUBE RESERVES THE RIGHT TO REMOVE CONTENT AND USER SUBMISSIONS WITHOUT PRIOR NOTICE. HKTUBE WILL ALSO TERMINATE A USER'S ACCESS TO ITS WEBSITE, IF THEY ARE DETERMINED TO BE A REPEAT INFRINGER. A REPEAT INFRINGER IS A USER WHO HAS BEEN NOTIFIED OF INFRINGING ACTIVITY MORE THAN TWICE AND/OR HAS HAD A USER SUBMISSION REMOVED FROM THE WEBSITE MORE THAN TWICE. HKTUBE ALSO RESERVES THE RIGHT TO DECIDE WHETHER CONTENT OR A USER SUBMISSION IS APPROPRIATE AND COMPLIES WITH THESE TERMS OF SERVICE FOR VIOLATIONS OTHER THAN COPYRIGHT INFRINGEMENT AND VIOLATIONS OF INTELLECTUAL PROPERTY LAW, SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY, OBSCENE OR DEFAMATORY MATERIAL, OR EXCESSIVE LENGTH. HKTUBE MAY REMOVE SUCH USER SUBMISSIONS AND/OR TERMINATE A USER'S ACCESS FOR UPLOADING SUCH MATERIAL IN VIOLATION OF THESE TERMS OF SERVICE AT ANY TIME, WITHOUT PRIOR NOTICE AND AT ITS SOLE DISCRETION.

D. IN PARTICULAR, IF YOU ARE A COPYRIGHT OWNER OR AN AGENT THEREOF AND BELIEVE THAT ANY USER SUBMISSION OR OTHER CONTENT INFRINGES UPON YOUR COPYRIGHTS, YOU MAY SUBMIT A NOTIFICATION PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") BY PROVIDING OUR COPYRIGHT AGENT WITH THE FOLLOWING INFORMATION IN WRITING (SEE 17 U.S.C 512(C)(3) FOR FURTHER DETAIL):

(I) A PHYSICAL OR ELECTRONIC SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED;

(II) IDENTIFICATION OF THE COPYRIGHTED WORK CLAIMED TO HAVE BEEN INFRINGED, OR, IF MULTIPLE COPYRIGHTED WORKS AT A SINGLE ONLINE SITE ARE COVERED BY A SINGLE NOTIFICATION, A REPRESENTATIVE LIST OF SUCH WORKS AT THAT SITE;

(III) IDENTIFICATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR TO BE THE SUBJECT OF INFRINGING ACTIVITY AND THAT IS TO BE REMOVED OR ACCESS TO WHICH IS TO BE DISABLED AND INFORMATION REASONABLY SUFFICIENT TO PERMIT THE SERVICE PROVIDER TO LOCATE THE MATERIAL;

(IV) INFORMATION REASONABLY SUFFICIENT TO PERMIT THE SERVICE PROVIDER TO CONTACT YOU, SUCH AS AN ADDRESS, TELEPHONE NUMBER, AND, IF AVAILABLE, AN ELECTRONIC MAIL;

(V) A STATEMENT THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW; AND

(VI) A STATEMENT THAT THE INFORMATION IN THE NOTIFICATION IS ACCURATE, AND UNDER PENALTY OF PERJURY, THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED.

HKTUBE'S DESIGNATED COPYRIGHT AGENT TO RECEIVE NOTIFICATIONS OF CLAIMED INFRINGEMENT IS: PO BOX 4992, FOSTER CITY, CA 94404, EMAIL: COPYRIGHT@HKTUBE.COM, FAX: 650-345-0198. FOR CLARITY, ONLY DMCA NOTICES SHOULD GO TO THE COPYRIGHT AGENT; ANY OTHER FEEDBACK, COMMENTS, REQUESTS FOR TECHNICAL SUPPORT, AND OTHER COMMUNICATIONS SHOULD BE DIRECTED TO HKTUBE CUSTOMER SERVICE THROUGH HTTP://WWW.HKTUBE.COM/EN/CONTACT.HTM. YOU ACKNOWLEDGE THAT IF YOU FAIL TO COMPLY WITH ALL OF THE REQUIREMENTS OF THIS SECTION 5(D), YOUR DMCA NOTICE MAY NOT BE VALID.

E. YOU UNDERSTAND THAT WHEN USING THE HKTUBE WEBSITE, YOU WILL BE EXPOSED TO USER SUBMISSIONS FROM A VARIETY OF SOURCES, AND THAT HKTUBE IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER SUBMISSIONS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST HKTUBE WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD HKTUBE, ITS OWNERS/OPERATORS, AFFILIATES, AND/OR LICENSORS, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SITE.

F. HKTUBE PERMITS YOU TO LINK TO MATERIALS ON THE WEBSITE FOR PERSONAL, NON-COMMERCIAL PURPOSES ONLY. IN ADDITION, HKTUBE PROVIDES AN "EMBEDDABLE PLAYER" FEATURE, WHICH YOU MAY INCORPORATE INTO YOUR OWN PERSONAL, NON-COMMERCIAL WEBSITES FOR USE IN ACCESSING THE MATERIALS ON THE WEBSITE, PROVIDED THAT YOU INCLUDE A PROMINENT LINK BACK TO THE HKTUBE WEBSITE ON THE PAGES CONTAINING THE EMBEDDABLE PLAYER. HKTUBE RESERVES THE RIGHT TO DISCONTINUE ANY ASPECT OF THE HKTUBE WEBSITE AT ANY TIME.

6. CONDUCT

YOU AGREE NOT TO POST, EMAIL, OR OTHERWISE MAKE AVAILABLE CONTENT:

A) THAT IS UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, DEFAMATORY, LIBELOUS, INVASIVE OF ANOTHER'S PRIVACY, OR IS HARMFUL TO MINORS IN ANY WAY;

B) THAT IS PORNOGRAPHIC OR DEPICTS A HUMAN BEING ENGAGED IN ACTUAL SEXUAL CONDUCT INCLUDING BUT NOT LIMITED TO (I) SEXUAL INTERCOURSE, INCLUDING GENITAL-GENITAL, ORAL-GENITAL, ANAL-GENITAL, OR ORAL-ANAL, WHETHER BETWEEN PERSONS OF THE SAME OR OPPOSITE SEX, OR (II) BESTIALITY, OR (III) MASTURBATION, OR (IV) SADISTIC OR MASOCHISTIC ABUSE, OR (V) LASCIVIOUS EXHIBITION OF THE GENITALS OR PUBIC AREA OF ANY PERSON;

C) THAT HARASSES, DEGRADES, INTIMIDATES OR IS HATEFUL TOWARD AN INDIVIDUAL OR GROUP OF INDIVIDUALS ON THE BASIS OF RELIGION, GENDER, SEXUAL ORIENTATION, RACE, ETHNICITY, AGE, OR DISABILITY;

D) THAT VIOLATES THE FAIR HOUSING ACT BY STATING, IN ANY NOTICE OR AD FOR THE SALE OR RENTAL OF ANY DWELLING, A DISCRIMINATORY PREFERENCE BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS OR HANDICAP (OR VIOLATES ANY STATE OR LOCAL LAW PROHIBITING DISCRIMINATION ON THE BASIS OF THESE OR OTHER CHARACTERISTICS);

E) THAT IMPERSONATES ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, A HKTUBE EMPLOYEE, OR FALSELY STATES OR OTHERWISE MISREPRESENTS YOUR AFFILIATION WITH A PERSON OR ENTITY (THIS PROVISION DOES NOT APPLY TO MESSAGES THAT ARE LAWFUL NON-DECEPTIVE PARODIES OF PUBLIC FIGURES.);

F) THAT INCLUDES PERSONAL OR IDENTIFYING INFORMATION ABOUT ANOTHER PERSON WITHOUT THAT PERSON'S EXPLICIT CONSENT;

G) THAT IS FALSE, DECEPTIVE, MISLEADING, DECEITFUL, MISINFORMATIVE, OR CONSTITUTES "BAIT AND SWITCH";

H) THAT INFRINGES ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY RIGHTS OF ANY PARTY, OR CONTENT THAT YOU DO NOT HAVE A RIGHT TO MAKE AVAILABLE UNDER ANY LAW OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIPS;

I) THAT CONSTITUTES OR CONTAINS "AFFILIATE MARKETING," "LINK REFERRAL CODE," "JUNK MAIL," "SPAM," "CHAIN LETTERS," "PYRAMID SCHEMES," OR UNSOLICITED COMMERCIAL ADVERTISEMENT;

J) THAT CONSTITUTES OR CONTAINS ANY FORM OF ADVERTISING OR SOLICITATION IF: POSTED IN AREAS OF THE HKTUBE SITES WHICH ARE NOT DESIGNATED FOR SUCH PURPOSES; OR EMAILED TO HKTUBE USERS WHO HAVE NOT INDICATED IN WRITING THAT IT IS OK TO CONTACT THEM ABOUT OTHER SERVICES, PRODUCTS OR COMMERCIAL INTERESTS.

K) THAT INCLUDES LINKS TO COMMERCIAL SERVICES OR WEB SITES, EXCEPT AS ALLOWED IN "SERVICES";

L) THAT CONTAINS SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT;

M) THAT DISRUPTS THE NORMAL FLOW OF DIALOGUE WITH AN EXCESSIVE NUMBER OF MESSAGES (FLOODING ATTACK) TO THE SERVICE, OR THAT OTHERWISE NEGATIVELY AFFECTS OTHER USERS' ABILITY TO USE THE SERVICE; OR

N) THAT EMPLOYS MISLEADING EMAIL ADDRESSES, OR FORGED HEADERS OR OTHERWISE MANIPULATED IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF CONTENT TRANSMITTED THROUGH THE SERVICE. ADDITIONALLY, YOU AGREE NOT TO:

O) CONTACT ANYONE WHO HAS ASKED NOT TO BE CONTACTED;

P) "STALK" OR OTHERWISE HARASS ANYONE;

Q) COLLECT PERSONAL DATA ABOUT OTHER USERS FOR COMMERCIAL OR UNLAWFUL PURPOSES;

R) USE AUTOMATED MEANS, INCLUDING SPIDERS, ROBOTS, CRAWLERS, DATA MINING TOOLS, OR THE LIKE TO DOWNLOAD DATA FROM THE SERVICE - UNLESS EXPRESSLY PERMITTED BY HKTUBE;

S) POST NON-LOCAL OR OTHERWISE IRRELEVANT CONTENT, REPEATEDLY POST THE SAME OR SIMILAR CONTENT OR OTHERWISE IMPOSE AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON OUR INFRASTRUCTURE;

T) POST THE SAME ITEM OR SERVICE IN MORE THAN ONE CLASSIFIED CATEGORY OR FORUM, OR IN MORE THAN ONE METROPOLITAN AREA;

U) ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO HKTUBE'S COMPUTER SYSTEMS OR ENGAGE IN ANY ACTIVITY THAT DISRUPTS, DIMINISHES THE QUALITY OF, INTERFERES WITH THE PERFORMANCE OF, OR IMPAIRS THE FUNCTIONALITY OF, THE SERVICE OR THE HKTUBE WEBSITE; OR

V) USE ANY FORM OF AUTOMATED DEVICE OR COMPUTER PROGRAM THAT ENABLES THE SUBMISSION OF POSTINGS ON HKTUBE WITHOUT EACH POSTING BEING MANUALLY ENTERED BY THE AUTHOR THEREOF (AN "AUTOMATED POSTING DEVICE"), INCLUDING WITHOUT LIMITATION, THE USE OF ANY SUCH AUTOMATED POSTING DEVICE TO SUBMIT POSTINGS IN BULK, OR FOR AUTOMATIC SUBMISSION OF POSTINGS AT REGULAR INTERVALS.

W) THAT ADVERTISES ANY ILLEGAL SERVICE OR THE SALE OF ANY ITEMS THE SALE OF WHICH IS PROHIBITED OR RESTRICTED BY ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ITEMS THE SALE OF WHICH IS PROHIBITED OR REGULATED BY APPLICABLE LAW OF US. A PARTIAL LIST OF PROHIBITED ITEMS FOR SALE AND PROHIBITED SERVICES OFFERED IS PROVIDED AT THE FOLLOWING:

PARTIAL LIST OF ITEMS THE SALE OF WHICH IS NOT PERMITTED ON HKTUBE:

OBSCENE MATERIAL OR CHILD PORNOGRAPHY.

WEAPONS AND RELATED ITEMS, INCLUDING FIREARMS, DISGUISED, UNDETECTABLE OR SWITCHBLADE KNIVES, MARTIAL ARTS WEAPONS, SNIPER SCOPES, SILENCERS, AMMUNITION, LARGE CAPACITY MAGAZINES, BB GUNS, TEAR GAS OR STUN GUNS.

FIREWORKS, INCLUDING "SAFE AND SANE" FIREWORKS OR ANY DESTRUCTIVE DEVICES OR EXPLOSIVES.

CONTROLLED SUBSTANCES OR ILLEGAL DRUGS, SUBSTANCES AND ITEMS USED TO MANUFACTURE CONTROLLED SUBSTANCES AND DRUG PARAPHERNALIA.

ALCOHOL OR TOBACCO PRODUCTS.

PRESCRIPTION DRUGS AND MEDICAL DEVICES, SUCH AS PRESCRIPTION OR CONTACT LENSES, DEFIBRILLATORS, HYPODERMIC NEEDLES OR HEARING AIDS.

NONPRESCRIPTION DRUGS THAT MAKE FALSE OR MISLEADING TREATMENT CLAIMS OR TREATMENT CLAIMS THAT REQUIRE FDA APPROVAL.

BLOOD, BODILY FLUIDS OR BODY PARTS.

ANIMALS AND ANIMAL PARTS, INCLUDING THE RETAIL SALES OF CATS AND DOGS.

RESTRICTED OR REGULATED PLANTS AND INSECTS, SUCH AS NOXIOUS WEEDS, ENDANGERED PLANT SPECIES, OR LIVE INSECTS OR PESTS.

PESTICIDES OR HAZARDOUS SUBSTANCES, OR ITEMS CONTAINING HAZARDOUS SUBSTANCES SUCH AS CONTAMINATED TOYS, OR ART OR CRAFT MATERIAL CONTAINING TOXIC SUBSTANCES WITHOUT A WARNING LABEL.

ILLEGAL TELECOMMUNICATIONS EQUIPMENT, SUCH AS ACCESS CARDS, PASSWORD SNIFFERS, ACCESS CARD PROGRAMMERS AND UNLOOPERS, OR CABLE DESCRAMBLERS

STOLEN PROPERTY OR PERSONAL PROPERTY WITH THE SERIAL NUMBER REMOVED OR ALTERED.

BURGLARY TOOLS, SUCH AS LOCK-PICKS OR MOTOR VEHICLE MASTER KEYS

FALSE IDENTIFICATION CARDS, ITEMS WITH POLICE INSIGNIA, CITIZENSHIP DOCUMENTS, OR BIRTH CERTIFICATES.

COUNTERFEIT CURRENCY, COINS AND STAMPS, AS WELL AS EQUIPMENT DESIGNED TO MAKE THEM.

COUNTERFEIT OR KNOCK-OFF BRAND NAME GOODS.

MATERIAL THAT INFRINGES COPYRIGHT, SUCH AS WAREZ, BOOTLEGS (WITHOUT CONSENT OF THE BAND), ETC.

AIRLINE TICKETS THAT RESTRICT TRANSFER.

GAMBLING ITEMS, SUCH AS LOTTERY TICKETS, SPORTS TRADING CARD 'GRAB BAGS,' RAFFLE TICKETS, SWEEPSTAKES ENTRIES OR SLOT MACHINES.

USED OR REBUILT BATTERIES OR BATTERIES CONTAINING MERCURY.

USED BEDDING AND CLOTHING, UNLESS SANITIZED IN ACCORDANCE WITH LAW.

NON-PACKAGED FOOD ITEMS OR ADULTERATED FOOD.

BULK EMAIL OR MAILING LISTS THAT CONTAIN NAMES, ADDRESSES, PHONE NUMBERS, OR OTHER PERSONAL IDENTIFYING INFORMATION

&NBSP;

RELATED LINKS

THE FOLLOWING LINKS MAY BE HELPFUL IN RESEARCHING WHETHER A PARTICULAR TRANSACTION IS PROHIBITED OR REGULATED:

ADDITIONALLY, YOU AGREE NOT TO:

STALK OR OTHERWISE HARASS ANYONE.

COLLECT PERSONAL DATA ABOUT OTHER USERS FOR COMMERCIAL OR UNLAWFUL PURPOSES.

·USE AUTOMATED MEANS, INCLUDING SPIDERS, ROBOTS, CRAWLERS, DATA MINING TOOLS, OR THE LIKE TO DOWNLOAD DATA FROM THE SERVICE. EXCEPTION IS MADE FOR INTERNET SEARCH ENGINES (E.G. GOOGLE) AND NON-COMMERCIAL PUBLIC ARCHIVES (E.G. ARCHIVE..COM) THAT COMPLY WITH OUR ROBOTS.TXT FILE.

·PURPOSEFULLY POST CONTENT IN AN IRRELEVANT LIST, CATEGORY, STATE OR CITY. REPEATEDLY POST THE SAME OR SIMILAR CONTENT OR OTHERWISE IMPOSE AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON OUR INFRASTRUCTURE.

·ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO HKTUBE'S COMPUTER SYSTEMS OR ENGAGE IN ANY ACTIVITY THAT DISRUPTS, DIMINISHES THE QUALITY OF, INTERFERES WITH THE PERFORMANCE OF, OR IMPAIRS THE FUNCTIONALITY OF, THE SERVICE OR THE HKTUBE WEBSITE.

YOU UNDERSTAND AND AGREE THAT SENDING UNSOLICITED EMAIL ADVERTISEMENTS TO HKTUBE EMAIL ADDRESSES OR THROUGH HKTUBE COMPUTER SYSTEMS, WHICH IS EXPRESSLY PROHIBITED BY THESE TERMS, WILL USE OR CAUSE TO BE USED SERVERS LOCATED IN CALIFORNIA. ANY UNAUTHORIZED USE OF HKTUBE COMPUTER SYSTEMS IS A VIOLATION OF THESE TERMS AND CERTAIN FEDERAL AND STATE LAWS, INCLUDING WITHOUT LIMITATION THE COMPUTER FRAUD AND ABUSE ACT (18 U.S.C. § 1030 ET SEQ.), SECTION 502 OF THE CALIFORNIA PENAL CODE AND SECTION 17538.45 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE. SUCH VIOLATIONS MAY SUBJECT THE SENDER AND HIS OR HER AGENTS TO CIVIL AND CRIMINAL PENALTIES.

7. PRIVACY AND INFORMATION DISCLOSURE

HKTUBE HAS ESTABLISHED A PRIVACY POLICY TO EXPLAIN TO USERS HOW THEIR INFORMATION IS COLLECTED AND USED, LOCATED AT http://www.hktube.com/policy/privacypolicy.htm. YOUR USE OF THE HKTUBE WEBSITE OR THE SERVICE SIGNIFIES ACKNOWLEDGEMENT OF AND AGREEMENT TO OUR PRIVACY POLICY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HKTUBE MAY, IN ITS SOLE DISCRETION, PRESERVE OR DISCLOSE YOUR CONTENT, AS WELL AS YOUR INFORMATION, SUCH AS EMAIL ADDRESSES, IP ADDRESSES, TIMESTAMPS, AND OTHER USER INFORMATION. IF REQUIRED TO DO SO BY LAW OR IN THE GOOD FAITH BELIEF THAT SUCH PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO: COMPLY WITH LEGAL PROCESS, ENFORCE THESE TERMS, RESPOND TO CLAIMS THAT ANY CONTENT VIOLATES THE RIGHTS OF THIRD-PARTIES, OR PROTECT THE RIGHTS, PROPERTY, OR PERSONAL SAFETY OF HKTUBE, ITS USERS OR THE GENERAL PUBLIC.

8. LIMITATIONS ON SERVICE

YOU ACKNOWLEDGE THAT HKTUBE MAY ESTABLISH LIMITS CONCERNING USE OF THE SERVICE, INCLUDING THE MAXIMUM NUMBER OF DAYS THAT CONTENT WILL BE RETAINED BY THE SERVICE, THE MAXIMUM NUMBER AND SIZE OF LISTINGS, MESSAGES, OR OTHER CONTENT THAT MAY BE TRANSMITTED OR STORED BY THE SERVICE, AND THE FREQUENCY WITH WHICH YOU MAY ACCESS THE SERVICE. YOU AGREE THAT HKTUBE HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICE. YOU ACKNOWLEDGE THAT HKTUBE RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICE WITH OR WITHOUT NOTICE, AND THAT HKTUBE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.

9. TERMINATION OF SERVICE

YOU AGREE THAT HKTUBE, IN ITS SOLE DISCRETION, HAS THE RIGHT (BUT NOT THE OBLIGATION) TO DELETE OR DEACTIVATE YOUR ACCOUNT, BLOCK YOUR EMAIL OR IP ADDRESS, OR OTHERWISE TERMINATE YOUR ACCESS TO OR USE OF THE SERVICE, IMMEDIATELY AND WITHOUT NOTICE, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SERVICE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF HKTUBE BELIEVES THAT YOU HAVE ACTED INCONSISTENTLY WITH THE TERMS AND GUIDELINES. FURTHER, YOU AGREE THAT HKTUBE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. FURTHER, YOU AGREE NOT TO ATTEMPT TO USE THE SERVICE AFTER SAID TERMINATION.

10. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

YOUR INTERACTIONS WITH ORGANIZATIONS AND/OR INDIVIDUALS FOUND ON OR THROUGH THE SERVICE, INCLUDING PAYMENT AND DELIVERY OF GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH ORGANIZATIONS AND/OR INDIVIDUALS. YOU AGREE THAT HKTUBE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THIS SITE, OR BETWEEN USERS AND ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT HKTUBE IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE HKTUBE, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR SERVICE.

11. PROPRIETARY RIGHTS

THE SERVICE IS PROTECTED TO THE MAXIMUM EXTENT PERMITTED BY COPYRIGHT LAWS AND INTERNATIONAL TREATIES. CONTENT DISPLAYED ON OR THROUGH THE SERVICE IS PROTECTED BY COPYRIGHT AS A COLLECTIVE WORK AND/OR COMPILATION, PURSUANT TO COPYRIGHTS LAWS, AND INTERNATIONAL CONVENTIONS. ANY REPRODUCTION, MODIFICATION, CREATION OF DERIVATIVE WORKS FROM OR REDISTRIBUTION OF THE SITE OR THE COLLECTIVE WORK IS PROHIBITED. COPYING OR REPRODUCING THE SITE OR ANY PORTION THEREOF TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS PROHIBITED. YOU FURTHER AGREE NOT TO REPRODUCE, DUPLICATE OR COPY CONTENT FROM THE SERVICE, AND AGREE TO ABIDE BY ANY AND ALL COPYRIGHT NOTICES DISPLAYED ON THE SERVICE. YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN THE SERVICE. WITHOUT LIMITING THE FOREGOING, YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR EXPLOIT FOR ANY COMMERCIAL PURPOSES, ANY ASPECT OF THE SERVICE. HKTUBE IS A REGISTERED MARK IN THE U.S. PATENT AND TRADEMARK OFFICE.

ALTHOUGH HKTUBE DOES NOT CLAIM OWNERSHIP OF CONTENT THAT ITS USERS POST, BY POSTING CONTENT TO ANY PUBLIC AREA OF THE SERVICE, YOU AUTOMATICALLY GRANT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO GRANT, TO HKTUBE AN IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE, FULLY PAID, WORLDWIDE LICENSE TO USE, COPY, PERFORM, DISPLAY, AND DISTRIBUTE SAID CONTENT AND TO PREPARE DERIVATIVE WORKS OF, OR INCORPORATE INTO OTHER WORKS, SAID CONTENT, AND TO GRANT AND AUTHORIZE SUBLICENSES (THROUGH MULTIPLE TIERS) OF THE FOREGOING.

12. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE HKTUBE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE HKTUBE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HKTUBE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HKTUBE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HKTUBE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HKTUBE SITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE HKTUBE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HKTUBE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE HKTUBE SITE OR THE SERVICE.

13. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HKTUBE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HKTUBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE HKTUBE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE HKTUBE SITE OR THE SERVICE, FROM INABILITY TO USE THE HKTUBE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HKTUBE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HKTUBE SITE OR THE SERVICE OR ANY LINKS ON THE HKTUBE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HKTUBE SITE OR THE SERVICE OR ANY LINKS ON THE HKTUBE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

14. INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD HKTUBE, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR VIOLATION OF THE TERMS, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

15. GENERAL INFORMATION

THE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND HKTUBE AND GOVERN YOUR USE OF THE SERVICE, SUPER CEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND HKTUBE. THE TERMS AND THE RELATIONSHIP BETWEEN YOU AND HKTUBE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND HKTUBE AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF ESSEX, CALIFORNIA. THE FAILURE OF HKTUBE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THE TERMS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES' INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THE TERMS REMAIN IN FULL FORCE AND EFFECT. YOU 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 BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

16. POSTING GUIDELINES FOR JOBS

ALL JOB ADS MUST OFFER MONETARY COMPENSATION -- NO UNPAID INTERNSHIPS, BARTERS, DEFERRED PAY, ETC.

PLEASE DO NOT POST THE SAME JOB DESCRIPTION TO MULTIPLE CATEGORIES OR CITIES.

JOB POSTERS ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL, STATE, AND FEDERAL EMPLOYMENT LAW, INCLUDING DISCRIMINATION LAW.

HKTUBE DOES NOT ACCEPT THE FOLLOWING JOB POSTS:

- BUSINESS OPPORTUNITIES

- MULTILEVEL MARKETING

- REFERRAL MARKETING - POSITIONS REQUIRING UPFRONT FEES

- POSITIONS INVOLVING NUDITY

17. VIOLATIONS OF TERMS AND LIQUIDATED DAMAGES

PLEASE REPORT ANY VIOLATIONS OF THE TERMS, BY REPORTING THE LISTING(S) FOR REVIEW, OR BY EMAILING TO COPYRIGHT@HKTUBE.COM. OUR FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES.

YOU UNDERSTAND AND AGREE THAT, BECAUSE DAMAGES ARE OFTEN DIFFICULT TO QUANTIFY, IF ACTUAL DAMAGES CANNOT BE REASONABLY CALCULATED THEN YOU WILL BE LIABLE TO PAY HKTUBE LIQUIDATED DAMAGES AS FOLLOWS:

A. IF YOU POST A MESSAGE THAT (1) IMPERSONATES ANY PERSON OR ENTITY; (2) FALSELY STATES OR OTHERWISE MISREPRESENTS YOUR AFFILIATION WITH A PERSON OR ENTITY; OR (3) THAT INCLUDES PERSONAL OR IDENTIFYING INFORMATION ABOUT ANOTHER PERSON WITHOUT THAT PERSON'S EXPLICIT CONSENT, YOU AGREE TO PAY HKTUBE ONE THOUSAND DOLLARS ($2,000) FOR EACH SUCH MESSAGE.

B. IF HKTUBE ESTABLISHES LIMITS ON THE FREQUENCY WITH WHICH YOU MAY ACCESS THE SERVICE, OR TERMINATES YOUR ACCESS TO OR USE OF THE SERVICE, YOU AGREE TO PAY HKTUBE ONE HUNDRED DOLLARS ($200) FOR EACH MESSAGE POSTED IN EXCESS OF SUCH LIMITS OR FOR EACH DAY ON WHICH YOU ACCESS HKTUBE IN EXCESS OF SUCH LIMITS, WHICHEVER IS HIGHER.

C. IF YOU SEND UNSOLICITED EMAIL ADVERTISEMENTS TO HKTUBE EMAIL ADDRESSES OR THROUGH HKTUBE COMPUTER SYSTEMS, YOU AGREE TO PAY HKTUBE TWENTY FIVE DOLLARS ($100) FOR EACH SUCH EMAIL.

D. IF YOU POST MESSAGES IN VIOLATION OF THESE TERMS OF USE, OTHER THAN AS DESCRIBED ABOVE, YOU AGREE TO PAY HKTUBE ONE HUNDRED DOLLARS ($200) FOR EACH SUCH MESSAGE. IN ITS SOLE DISCRETION, HKTUBE MAY ELECT TO ISSUE A WARNING BEFORE ASSESSING DAMAGES.

E. IF YOU AGGREGATE, DISPLAY, COPY, DUPLICATE, REPRODUCE, OR OTHERWISE EXPLOIT FOR ANY PURPOSE ANY CONTENT (EXCEPT FOR YOUR OWN CONTENT) IN VIOLATION OF THESE TERMS WITHOUT HKTUBE'S EXPRESS WRITTEN PERMISSION, YOU AGREE TO PAY HKTUBE THREE THOUSAND DOLLARS ($5,000) FOR EACH DAY ON WHICH YOU ENGAGE IN SUCH CONDUCT.

OTHERWISE, YOU AGREE TO PAY HKTUBE'S ACTUAL DAMAGES, TO THE EXTENT SUCH ACTUAL DAMAGES CAN BE REASONABLY CALCULATED.

18. FEEDBACK:

WE WELCOME YOUR QUESTIONS AND COMMENTS ON THIS DOCUMENT IN THE HKTUBE FEEDBACK FORUM: http://www.hktube.com/policy/contact.htm