Customer Agreement -- Hot Media Deals Terms Of ServiceACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
1. The Hot Media Deals services described below (Service(s)),owned and operated by Hot Media Group ("HotMediaGroup.com"), is provided to you ("Member") under the terms and conditions of this Hot Media Deals Terms of Service and all operating rules, policies, or other supplemental documents referred to in this agreement or published from time to time by Hot Media Deals (collectively, the "agreement"). The agreement (which includes such expressly incorporated supplemental documents) comprises the entire agreement between Member and Hot Media Deals and supersedes all prior agreements between the parties regarding the subject matter contained herein. Notwithstanding the foregoing, Members use of any software provided by Hot Media Deals and relating to the Service(s) shall be pursuant to a separate agreement governing Member's use of such service.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE Hot Media Deals Terms of Service, INCLUDING, BUT NOT LIMITED TO, USE OF THE SERVICES IN COMPLIANCE WITH SECTION 11, "MEMBER CONDUCT."
2.a DESCRIPTION OF SERVICES
Hot Media Deals is providing Member with a capability to post electronic information to it's web server database. ("Advertisments") pursuant to the terms set forth in the section below entitled "Terms of Service". Member must: (1) provide all equipment necessary to browse web; (2) provide its own email address to which the email will be routed; and (3) provide for its own access to an email service and pay any access, service or other fees associated with such email services.
2.b Free Member Accounts
The Service currently known as "Free Member Account" provides access to member privileged content and services, the ability to create web pages, blogs, photo albums, video albums, vehicle profiles, participate in member events, forums, Service to create ads of vehicles for sale, which is incorporated herein by this reference.
4. MODIFICATIONS TO TERMS OF SERVICE AND PRIVACY POLICIES
5. MODIFICATIONS TO SERVICE
Hot Media Deals reserves the right to modify or discontinue the Service with or without notice to Member. Hot Media Deals shall not be liable to Member or any third party should Hot Media Deals exercise its right to modify or discontinue the Service. Specifically, Member acknowledges that Hot Media Deals is a wholly-owned subsidiary of Hot Media Group, Inc., ("HMG") and that Hot Media Deals shall have the unilateral right to shift the Services to the HMG network at anytime so long as such shift does not have a materially adverse effect upon the Services.
6. MEMBER ACCOUNT, USERNAME, PASSWORD, AND SECURITY
As part of the registration process, Member shall be required to provide an email address. Once Member becomes a member of the Service, a password identification number (USERNAME/EMAIL ADDRESS) and number will be automatically sent to Member by email. Member may change Member's USERNAME and set a password to protect Member's access by accessing the MySite section of the web site. Member is entirely responsible if Member does not maintain the confidentiality of Member's USERNAME, password, and account information. Furthermore, Member is entirely responsible for any and all activities which occur under Member's account. Member agrees to immediately notify Hot Media Deals of any unauthorized use of Member's account or any other breach of security known to Member. MEMBER UNDERSTANDS AND AGREES THAT MEMBER IS NOT THE OWNER OF ANY Hot Media Deals ACCOUNT NUMBER ASSIGNED TO MEMBER BY Hot Media Deals. ALL SUCH ACCOUNT NUMBERS ARE OWNED SOLELY BY Hot Media Deals. MEMBER UNDERSTANDS AND AGREES THAT FOLLOWING THE TERMINATION OF SERVICE FOR ANY REASON, AND MEMBER AGREES THAT HOTMEDIADEALS.COM WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH TERMINATION, AND MEMBER HEREBY WAIVES ANY CLAIMS WITH RESPECT TO ANY SUCH TERMINATION, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF Hot Media Deals HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
7. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hot Media Deals EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Hot Media Deals MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Hot Media Deals MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THE ACCURACY OR RELIABILITY OF ANY FILTERING TECHNOLOGY USED IN CONNECTION WITH THE SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Hot Media Deals MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. Hot Media Deals ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE EMAIL MESSAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM Hot Media Deals OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER.
THIS WEB SITE MAY CONTAIN LINKS TO NON-Hot Media Deals SITES. THESE LINKS ARE PROVIDED TO YOU ONLY AS A CONVENIENCE. SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF Hot Media Deals AND HOT MEDIA GROUP, INC., IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Hot Media Deals, OF THE SITE, AND HOT MEDIA GROUP, INC., SHALL HAVE NO RESPONSIBILITY FOR INFORMATION WHICH IS REFERENCED BY OR LINKED TO THIS WEB SITE.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL Hot Media Deals OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Hot Media Deals HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Hot Media Deals LIABILITY TO MEMBERS OR ANY THIRD PARTIES IS LIMITED TO $5. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO MEMBER.
9. RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member. Member may be either an individual or a corporation or business entity, but Member agrees that they are allowed to resell the use of the Service.
9.1. SERVICES PROVIDED BY OTHER SERVICE PROVIDERS
Hot Media Deals offers the Service to its Members as a capability, consistent with the terms and conditions hereof, for generating, acquiring, transforming, processing, utilizing or making available information via telecommunications services purchased from telecommunications carriers and information services gathered from other ISPs.
10. FAIR USAGE POLICY
While Hot Media Deals has set no fixed upper limit on the number of services a Member may submit through the Service, Member's use of the Service is subject to Hot Media Deals "fair use" policy. Under this policy, if at any time, in Hot Media Deals sole discretion, Member's use exceeds the level of use reasonably expected from someone using this Service for individual use, then Hot Media Deals reserves the right to terminate or suspend Member's Hot Media Deals account without prior notice (provided that Hot Media Deals will attempt to confirm such termination or suspension by subsequent notice). In such event, a Hot Media Deals representative will attempt to contact Member in an effort to negotiate and establish a reasonable usage charge that will permit Member to continue use of the Service.
11. MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service, and, as stated above, Hot Media Deals simply acts as a passive conduit for Member to send and receive information of Member's own choosing. However, Hot Media Deals reserves the right to take any action with respect to the Services that Hot Media Deals deems necessary or appropriate in Hot Media Deals's sole discretion if Hot Media Deals believes Member or Member's information may create liability for Hot Media Deals, compromise or disrupt the Service for Member or other Hot Media Deals subscribers, or may cause Hot Media Deals to lose (in whole or in part) the services of Hot Media Deals's ISPs or other suppliers. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Service makes use of the Internet for Member to send and receive information of Member's own choosing; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use or reference the Service for chain letters, or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and will not attempt to gain unauthorized access to other computer systems. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Member agrees to indemnify and hold Hot Media Deals, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this agreement by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
Hot Media Deals may immediately terminate Member's membership and right to use the Service (1) if Member breaches this agreement, (2) if Hot Media Deals is unable to verify or authenticate any information Member provides to Hot Media Deals, (3) if such information is inaccurate, (4) if Member uses the Service for inappropriate transmissions, or (5) if Hot Media Deals decides, in its sole discretion, to discontinue offering the Service. Hot Media Deals shall not be liable to Member or any third party for termination of Service. Member may terminate the Service with or without cause at any time and effective immediately by written notice to Hot Media Deals. Should Member object to any terms and conditions of the agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify Hot Media Deals of termination. Upon termination of the Service, Member's right to use the Service immediately ceases. Member shall have no right and Hot Media Deals will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Member shall have no right and Hot Media Deals will have no obligation after termination to refund any pre-paid amounts to Member, except as otherwise provided herein. Hot Media Deals reserves the right to refuse the Service to any Member who has cancelled any number of previous Service accounts.
14. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Hot Media Deals assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by Hot Media Deals or Hot Media Deals's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
16. GENERAL TERMS
This agreement is governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in Illinois and further agree that any cause of action relating to this agreement shall be brought in a court in Chicago, Illinois. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Hot Media Deals's failure to act with respect to a breach by Member or others does not waive Hot Media Deals's right to act with respect to subsequent or similar breaches. Member may not assign or transfer this agreement or any rights hereunder, and any attempt to the contrary is void. Hot Media Deals shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Hot Media Deals's reasonable control. Member agrees that Hot Media Deals may communicate with Member via email and any similar technology for purposes relating to Member's membership or the Service and any other services provided or which may in the future be provided by Hot Media Deals or on Hot Media Deals's behalf. This agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist Member in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of e-mail messages as provided as part of the Service. If Member is interested in learning about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections. The Service hereunder is offered by HotMediaDeals.com, located at P.O. Box 616, Lisle, IL 60532. If Member is a Illinois resident, Member may have this same information emailed to Member by sending a letter to the foregoing address with Member's email address and a request for this information. Information about fees, if any, for services offered by Hot Media Deals are available at Hot Media Deals's web site Hot Media Deals or http://www.HotMediaDeals.com/.
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