HotFlick's Terms of Service
Effective Date: September 25, 2010
Introduction
Welcome to HotFlick.net, a social community where member's rate movies, photos, share reviews with friends and meet people with similar taste ('HotFlick Service'). By using the HotFlick Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to HotFlick.net and the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Eligibility and Registration
You must be 13 years or older to use the HotFlick Service. By registering for the HotFlick Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a HotFlick.net Community member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content
The HotFlick Service is made available for your personal, non-commercial use only. You may not use the HotFlick Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the HotFlick.net Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does HotFlick have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the HotFlick Service.
CONDITIONS FOR USE
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the HotFlick Service. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members
- Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by HotFlick.net
- Create a false or misleading identity of, including, but not limited to, a HotFlick employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the HotFlick.net Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
- Attempt to gain unauthorized access to the HotFlick Service, other accounts, computer systems or networks connected to the HotFlick Service, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the HotFlick Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the HotFlick.net Service.
- Reformat or frame any portion of the web pages that are part of the HotFlick.net Service.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the HotFlick Service.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Member's use and enjoyment of the HotFlick Service.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the HotFlick.net website by electronic or other means.
Proprietary Rights
HotFlick does not claim any ownership rights in any Materials that you submit, post, or display on or through the HotFlick Services or on the HotFlick.net Web site. After submitting, posting or displaying Materials on or through the HotFlick Services or on the HotFlick.net Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the HotFlick Service, you hereby grant to HotFlick a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the HotFlick Service.
Without this license, HotFlick would be unable to provide the HotFlick Service. For example, without the right to modify your Materials, HotFlick would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, HotFlick could not allow users and Members to listen to music posted by Members. The license you grant to HotFlick is non-exclusive (meaning you are free to license your Materials to anyone else in addition to HotFlick), fully-paid and royalty-free (meaning that HotFlick is not required to pay you for the use on the HotFlick Service of the Materials that you post), sublicensable (so that HotFlick is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the HotFlick Service), and worldwide (because the Internet and the HotFlick Service are global in reach). You represent and warrant that: (i) you own the Materials posted by you on or through the HotFlick Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the HotFlick Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the HotFlick Service.
HotFlick.net and its affiliates and licensors own and retain all rights in the HotFlick.net Web site and HotFlick Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the HotFlick Service by HotFlick.net. Except as expressly authorized by HotFlick.net, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of HotFlick.net's proprietary information. 'HotFlick' and 'HotFlick.net' and are trademarks of HotFlick, Inc.
Privacy Policy
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy.
Copyright Policy
YOU SHALL NOT USE HOTFLICK.NET OR THE HOTFLICK SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. HotFlick has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or HotFlick Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the HotFlick Copyright Policy for further information.
Internet Access
HotFlick shall not be responsible for any connection or access to the HotFlick.net website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the HotFlick.net website via the Internet, and the Internet access charges thereon.
Termination of the HotFlick Service
These Terms of Service will apply to your use of the HotFlick Service. At any time, you can terminate your account by clicking "Terminate Account" on the "My Account" page. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the HotFlick Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
HotFlick may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the HotFlick Service, or any part thereof, with or without notice. You agree that any termination of access to the HotFlick Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that HotFlick may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the HotFlick Service. Where possible, HotFlick will use reasonable efforts to give Members fair notice of termination or suspension of their access to the HotFlick Service. Further you agree that HotFlick shall not be liable to you or any third party for any termination or suspension of access to the HotFlick Service or modification of the HotFlick Service.
Disclaimer of Warranties
HotFlick.net and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('HotFlick') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the HotFlick Service.
HotFlick further expressly disclaims (1) that the HotFlick Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the HotFlick Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the HotFlick Service or the content made available as part of the HotFlick Service will be correct, accurate, timely, or otherwise reliable.
HotFlick expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the HotFlick Service input by other Members is correct or accurate.
THE HOTFLICK SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS,LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE HOTFLICK SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. HOTFLICK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE HOTFLICK SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at HotFlick's request defend, HotFlick, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the HotFlick.net Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, HotFlick will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE HOTFLICK SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL HOTFLICK, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE HOTFLICK SERVICE, WHETHER OR NOT HOTFLICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE HOTFLICK SERVICE, FROM INABILITY TO USE THE HOTFLICK SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE HOTFLICK SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE HOTFLICK SERVICE OR ANY PART OF THE HOTFLICK SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HOTFLICK SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL HOTFLICK BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00).
Notices
HotFlick may provide you with notices regarding the HotFlick.net Service or these Terms of HotFlick Service by regular mail, email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the HotFlick Services.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall HotFlick be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and HotFlick with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
HOTFLICK
Any information or media provided or uploaded is assumed to be in the public domain unless otherwise stated. The HotFlick Network claims no responsibility or ownership to any celebrity pictures or photos found within the HotFlick Network. If you are the rightful owner of any media found within the HotFlick Network please contact us to receive rightful recognition for your work or to have it removed.
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