HOTBRANDS4U’S SITE ACCESS AND PURCHASE AGREEMENT THIS IS A LEGAL CONTRACT BETWEEN YOU AND HOTBRANDS4U, INC.
1. AMENDMENTS AND CHANGES
1.1 Changes to Site and Marketplace. Hotbrands4u.com shall have the right at any time to change or discontinue any aspect or feature of Hotbrands4u.com, including, but not limited to, services, products, content, hours of availability, and equipment needed for access or use.
2. YOUR MEMBERSHIP
2.1 The Marketplace. Hotbrands4u.com operates an online marketplace, that enables Members to view and purchase products and services (the Marketplace).
2.2 Registration as a Hotbrands4u.com Member Required. Only Hotbrands4u.com Members may participate in the Marketplace. In order to become a Member, you should agree to this Agreement and all terms and agreements incorporated in this Agreement, not be a Minor, and provide us with your name, address, phone number, and email address, as well as any other identification information required by our policies or that we may request from time to time.
2.3 Age Minimum. Children under the age of 18, or under the age of 21 if using the Site in AL, MS, NE, WY or any other state where the age of majority is greater than 18 (a Minor), may not become a Hotbrands4u.com Member, use the Site or authorize transactions on the Site.
2.4 Your User Name and Password. As part of the registration process, you will choose your own user name and password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer. You agree that you are solely responsible for all activities that occur under your user name and password.
2.5 Hotbrands4u.com allows only one (1) account per registered Subscriber. The right to use Hotbrands4u.com is personal to Subscriber and is not transferable to any other person or entity.
2.6 Personalizing Your User Name. You may personalize your username with an icon we supply on the Site at Manage Profile – Update Registration Information or with an icon you upload from your computer. You may not use an offensive or profane icon. We reserve the right to erase or remove any icon from the Site at any time.
2.7 Cookies Enable. In order to participate in the Marketplace, your browser cookies should be enabled each time you log on. Cookies are small files stored on your hard drive that store login information. Your browser may be set up to accept cookies by default, but if your settings have changed, or your browser continually returns to the login page after you submit your login information, you may need to enable cookies.
3. BASIC USAGE RULES: YOUR USE OF THE SITE AND MARKETPLACE
3.1 Postings. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without Hotbrands4u.com express prior approval contains advertising or any solicitation with respect to products or services. You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or another proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted Hotbrands4u.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology is now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store, or reproduce the material for that user’s personal use. You hereby grant Hotbrands4u.com the right to edit, copy, publish and distribute any material made available on the Site by you. We strongly forbid the use of any offensive images such as pornography. Any images Hotbrands4u.com finds offensive will be deleted, and the members using such images maybe suspended. Any conduct by you that in Hotbrands4u.com discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services.
3.2 Our Content. The Site contains copyrighted material, trademarks and other proprietary information, including, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may only download copyrighted material for your personal use such as for the reselling of items purchased from Hotbrands4u.com. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Hotbrands4u.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3.3 Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Hotbrands4u.com and all charges related thereto.
3.4 Zero Tolerance on Fraud. Hotbrands4u.com has zero-tolerance for online fraud. Every time you log in to the Site, your IP address is recorded. This information can be used against fraudulent bidders. Any acts of online fraud or suspicions thereof should be immediately reported to Hotbrands4u.com. Hotbrands4u.com will notify and assist the appropriate law enforcement agencies in any case where there is suspicion of fraudulent use of our Marketplace. Hotbrands4u.com will terminate and ban the user on the first offense. Hotbrands4u.com will also maintain and enforce a blacklist to chronicle fraudulent users.
3.5 Compliance with Laws; Fraud. The Site and Marketplace only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Marketplace, including in regard to bidding, and purchasing Products. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Hotbrands4u.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
4. PRIVACY, MONITORING AND DISCLOSURE, BREACH
4.3 Disclosure of Information. As permitted by applicable law, Hotbrands4u.com reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Hotbrands4u.com systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of Hotbrands4u.com business and systems or other purposes deemed reasonable by Hotbrands4u.com, Hotbrands4u.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
4.4 Email and Mobile Text Anti-Spam Policy. It is Hotbrands4u.com policy not to send commercial email or mobile text notifications to individuals who have not asked to receive such email from Hotbrands4u.com, or to receive such email from a third party that may market on Hotbrands4u.com behalf. If you receive an unsolicited commercial email from Hotbrands4u.com, and would like to stop receiving such emails in the future
5. RIGHTS OF HOTBRANDS4U.COM
5.1 Breach. Without limiting other remedies, Hotbrands4u.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide services to you: (a) if you breach this User Agreement or the documents it incorporates by reference; (b) if Hotbrands4u.com is unable to verify or authenticate any information you provide to Hotbrands4u.com; or (c) if Hotbrands4u.com believes that your actions may cause legal liability for you, other Hotbrands4u.com users, or Hotbrands4u.com.
5.2 Termination. Hotbrands4u.com may terminate this Agreement or your access to the Site at any time in the event of any conduct by YOU, WHICH Hotbrands4u.com, in its sole discretion, considers to be unacceptable.
6.1 Sales Tax Requirements. Companies selling over the Internet is subject to the same sales tax collection requirements as any other retailer.
7. LIMITED WARRANTY We disclaim all warranties, express or implied, of every kind and nature on any Product, service or the Marketplace, except as set forth in this Agreement, including the Hotbrands4u.com Limited Warranty.
8.1 You expressly agree that use of Hotbrands4u.com is at your sole risk. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Hotbrands4u.com is not liable for the defamatory, offensive or illegal conduct of other subscribers or third parties and that the risk of injury from the foregoing rests entirely with you.
8.2 In no event will Hotbrands4u.com be liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages, or lost profits arising out of the use, of or inability to use the site.
8.3 In addition to the terms set forth above neither Hotbrands4u.com, nor its affiliates, directors, officers, employees or agents shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or in the authenticity of, the information contained on the site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby.
9. LIMITATION OF LIABILITY
Other than as set forth in the limited warranty, Hotbrands4u.com will not be liable for any damages of any kind including without limitation direct, indirect, incidental, special, punitive and consequential damages, arising out of or in connection with this agreement, products, services and the marketplace, the inability to use products, services and the marketplace or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services whether such damages arise under theory of contract, tort (including negligence),strict liability or otherwise.
9.1 This limited warranty is provided in lieu of any and all express warranties. All implied warranties, including implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the duration of the limited warranty period (1 year from purchase) and no warranties, whether express or implied, will apply after such period. Some states do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you. Hotbrands4u.com responsibility for returns or remedies on the product is limited to refund of purchase price as set forth in this limited warranty. The preceding limited warranty constitutes Hotbrands4u.com only obligation to you and represents your exclusive remedy against Hotbrands4u.com. In no event will Hotbrands4u.com be liable for incidental, special or consequential damages, regardless of whether your claims are based on breach of contract, tort (including negligence and strict liability) or other theories, including, without limitation, any liability for the product’s not being available for use or for lost data or for any damage that may result from you ruse or ownership of the product. Some states do not allow the exclusion or limitation of incidental or consequential damages or certain other exclusions contained in warranties, so the above limitations or exclusions may not apply to you. The limitations set forth in this limited warranty shall not apply to the extent that they are prohibited by law.
9.2 This Limited Warranty gives you specific legal rights and you may also have other rights, which vary from state to state (or jurisdiction to jurisdiction). This Limited Warranty covers any products purchased from Hotbrands4u.com. You are encouraged to read all of this Limited Warranty to determine your rights to warranty service. You need to have a proof of purchase to receive warranty service. Proof of purchase is a sales receipt or other document (which may be an email or other electronic document) showing that you purchased the Product.
9.3 No person or entity is authorized to give any other warranty or to assume any other obligation on behalf of Hotbrands4u.com. Any provision of this Limited Warranty prohibited or unenforceable in any jurisdiction shall be ineffective only to the extent of such prohibition and shall not invalidate any of the remaining provisions of this Limited Warranty.
You agree to defend, indemnify and hold Hotbrands4u.com and our subsidiaries, parents, affiliates, officers, directors, agents, and employees harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with(a) your breach of this user agreement, including the documents incorporated by reference;(b) your violation of any state, federal foreign or international laws, codes or regulations; and/or(c) your violation of any third party’s rights, including, but not limited to, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this agreement.
11. INTELLECTUAL PROPERTY
11.1 Trademarks. Hotbrands4u.com names, logos, and tag lines are trademarks of Hotbrands4u.com and any of its subsidiaries. All rights reserved. All other trademarks appearing on Hotbrands4u.com are the property of the irrespective owners. This User Agreement does not constitute a license to use any such trademarks.
11.2 Copyrights and Copyright Agent. Hotbrands4u.com respects the rights of all copyright holders and in this regard, Hotbrands4u.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hotbrands4u.com Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17U.S.C.512: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) 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 us to locate the material; (d) Information reasonably sufficient to permit us to contact the complaining party; (e) A statement that the complaining party has 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 (f) 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.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
12.1 Governing Law. Any actions arising out of, or in any manner affecting the interpretation of, this Agreement as they pertain to the Marketplace, the Site, any service or any Product, whether under this Agreement or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the United States and the State of California, excluding (I) conflict of laws principles; (II) the United Nations Convention on Contracts for the International Sale of Goods;(III) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the1974Convention, done at Vienna April 11, 1980. You hereby consent to the exclusive jurisdiction and venue of courts located in Los Angeles, California for litigation of disputes under the Agreement.
12.2 Arbitration. You agree that any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American arbitration association. Any such controversy or claims hall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Hotbrands4u.com may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, if necessary to protect the rights or property of you or Hotbrands4u.com pending the completion of arbitration and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
13. LEGAL NOTICE AND GENERAL PROVISIONS
13.1 Entire Agreement. This User Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
13.2 No Agency; Third-Party Beneficiary. Hotbrands4u.com is not your agent, fiduciary, trustee, or another representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or with respect to this User Agreement. This User Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Hotbrands4u.com and you.
13.3 Severability. If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
13.4 No Waiver. Hotbrands4u.com failure to enforce the strict performance of any provision of this User Agreement will not constitute a waiver of Hotbrands4u.com right to subsequently enforce such provision or any other provisions of this User Agreement.