- ACCEPTANCE OF TERMS
By accessing and using the Hotvivid Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Hotvivid owned or operated services, you and Hotvivid shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Hotvivid may also offer other services that are governed by different Terms of Service.
- DESCRIPTION OF Hotvivid
SERVICES
Hotvivid provides users with access to a rich collection of software tools built for our customers to gain more traffic to their sites. You also understand and agree that the Hotvivid Services may include advertisements and that these advertisements are necessary for Hotvivid to provide the Hotvivid Services. You also understand and agree that the Hotvivid Services may include certain communications from Hotvivid, such as service announcements, administrative messages and the Hotvivid Newsletter, and that these communications are considered part of Hotvivid membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Hotvivid Services, including the release of new Hotvivid properties, shall be subject to the TOS. You understand and agree that the Hotvivid Services is provided "AS-IS".
- Hotvivid does not allow any content
to be spun, or copied from any other source. All content must be
100% unique and hand written. If you think your spinning technology
is good, it may well be, and even if it gets past our initial
automated checking, all content is hand reviewed by our moderators
and if found to be unacceptable will be removed instantly. All
content submitted must be on topic. You cannot write gibberish and
then just insert relevant keyword anchor text into the post. If the
post makes no sense, it is subject to removal from the network.
- If you use any of the content posted
to Hotvivid on any other website or network, it is subject to
instant removal from the Hotvivid network. This includes work you
have outsourced.
- Do not include URL's as text in your
posts, unless they are also the anchor text.
- You may not use the Hotvivid network to promote the Hotvivid affiliate program.
- YOUR REGISTRATION
OBLIGATIONS
In consideration of your use of the Hotvivid Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Hotvivid Services under the laws of the United States or other applicable jurisdiction. Hotvivid is concerned about the safety and privacy of all its users, particularly children.
- MEMBER ACCOUNT, PASSWORD
AND SECURITY
You will receive a password and account designation upon completing the Hotvivid Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Hotvivid of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hotvivid cannot and will not be liable for any loss or damage arising from your failure to comply with this.
- MEMBER CONDUCT
You understand that all information, data, text, blog posts, articles, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Hotvivid, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Hotvivid Network. Hotvivid does not control the Content posted via the Hotvivid Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Hotvivid Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hotvivid be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Hotvivid Services.ff
You agree to not use the Hotvivid Services to: - upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Hotvivid Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- upload, post, email, transmit or otherwise make available any material 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;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission or FTC, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
- You acknowledge that Hotvivid may or
may not pre-screen Content, but that Hotvivid and its designees
shall have the right (but not the obligation) in their sole
discretion to pre-screen, refuse, or remove any Content that is
available via the Hotvivid Services. Without limiting the foregoing,
Hotvivid and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
You acknowledge, consent and agree that Hotvivid may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Hotvivid, its users and the public.
You understand that the Hotvivid Services and software embodied within the Hotvivid Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Hotvivid and/or content providers who provide content to the Hotvivid Services. You may not attempt to override or circumvent any of the usage rules embedded into the Hotvivid Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Hotvivid Services, in whole or in part, is strictly prohibited.
- INDEMNITY
You agree to indemnify and hold Hotvivid and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Hotvivid Services, your use of the Hotvivid Services, your connection to the Hotvivid Services, your violation of the TOS, or your violation of any rights of another.
- NO COMMERCIAL REUSE OF
Hotvivid SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Hotvivid Services
- LINKS
The Hotvivid Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Hotvivid is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Hotvivid shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF THE Hotvivid SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE Hotvivid SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hotvivid AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Hotvivid AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE Hotvivid SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE Hotvivid SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Hotvivid SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Hotvivid SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Hotvivid SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Hotvivid OR THROUGH OR FROM THE Hotvivid SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hotvivid AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hotvivid HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE Hotvivid SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Hotvivid SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE Hotvivid SERVICE.
- NOTICE AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Hotvivid respects the intellectual property of others, and we ask our users to do the same. Hotvivid may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Hotvivid's Copyright Agent the following information: - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Hotvivid's Agent for Notice of
claims of copyright or other intellectual property infringement can
be reached as follows:
By email: Copyright Agent support@Hotvivid.com
- GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Hotvivid and governs your use of the Hotvivid Services, superseding any prior version of this TOS between you and Hotvivid with respect to the Hotvivid Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Hotvivid services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Hotvivid each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Hotvivid.
Waiver and Severability of Terms. The failure of Hotvivid to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Hotvivid account is non-transferable and any rights to your Hotvivid ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 Hotvivid Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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