WELCOME TO HOTFUZE, A PLACE FOR SHARING
Use of Service
These terms contain important information regarding your use of services available on Hotfuze site and your obligations. Hotfuze reserves the right at any time to modify the terms of use, change the Services including eliminating or modifying any content or feature of the website. Such modification shall be effective upon posting by Hotfuze on the Hotfuze site. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. You will always be able to know when the version was last updated by checking the "Last Revised" date in the header of this. You agree to be bound by the current version of Agreement at any time you use Hotfuze services. The services offered by Hotfuze ("Hotfuze site", "this Site" or “Hotfuze Services”) include the Hotfuze website, Hotfuze Messaging, Hotfuze Photo and Video Sharing and any other features, content, or applications offered from time to time by Hotfuze in connection with Hotfuze Website (collectively, the "Hotfuze Services"). If you do not agree with any of these terms, you cannot use or avail of any of the Hotfuze Services and you should leave the Hotfuze site immediately. With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and us for governing your use of our Site and Services and supersedes any prior agreements between you and us for that purpose, including any membership agreements or other similar agreements applying to our Site or our Services.
1. Eligibility of Hotfuze Services
You must be at least 13 years of age or over to register as a member of Hotfuze Site or use this Site. Membership to the Site is void where prohibited. Your use of this Site represents and warrants that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Your membership or access may be terminated at any time at Hotfuze's sole discretion to terminate the membership and shall be final and binding.
2. Rights and Permissions
Hotfuze owns and retains all proprietary rights, including without limitation, all intellectual property rights in the Hotfuze Site and the Hotfuze Service. The Site contains the copyrighted material, trademarks, and other proprietary information of Hotfuze, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Hotfuze, you will not copy, modify, publish, transmit, distribute, perform, display, reverse engineer, decompile, or sell any such proprietary information. All lawful, legal and non-objectionable messages, content and/or other information, content or material that you post on the forum boards shall constitute a license to Hotfuze to use such content, information, material in a manner that Hotfuze may chose in its sole discretion.. Hotfuze reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to remove, edit and/or display such information, material and/or content upon a complaint filed by any person.
3. Use by Members.
The Hotfuze Site is strictly for authorized use only in accordance with this agreement. You are solely responsible for the profiles (including your name, image, and likeness), messages, notes, text, information, music, photos, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). When you post User Content to the Site, you authorize and direct Hotfuze to take such actions, including make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Hotfuze an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose in connection with the Hotfuze site, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Hotfuze does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your profile. Corporations and other form of businesses may access the area of the Hotfuze site exclusively reserved for commercial activity including but not limited to resume search and buy/sell from Hotfuze store. Hotfuze reserves the right to restrict the number of communications/profile contacts & responses/emails which a Member may send to other Member(s) in any 24-hour period to a number which Hotfuze deems appropriate in its sole discretion You understand and agree that the Hotfuze Service is provided on an “as is” basis and “as available” basis and Hotfuze does not assume any responsibility for prompt and proper delivery or retention of any user information or communication between users. Hotfuze does not assume responsibility for the accuracy or existence of any communication between members, Hotfuze expressly disclaims any warranty of any kind whether express or implied. Including implied warranties fitness of any feature and aspect of the site for any particular purpose.
4. Other Terms of Use by Members.
You hereby unconditionally and irrevocably undertake that you will not use any automated processes, including IRC Bots, EXE's, CGI or any other programs/scripts to view content on or communicate/contact/respond/interact with Hotfuze and/or its Members. Neither will you conduct any kind of monetary transaction with other members of Hotfuze except as agreed and authorized by Hotfuze, Any such transactions conducted will be solely at your risks and Hotfuze is not liable or responsible for anything whatsoever including but not limited for any kind of frauds.
5. Content Posted on the Site.
You understand and hereby agree that all content including but not limited to information, data, text, software, scripts, music, sound, photographs, graphics, video, messages, tags, interactive features 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 Hotfuze are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Hotfuze does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hotfuze 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 Service. You understand and agree that Hotfuze may delete any Content that in the sole judgment of Hotfuze violates any applicable law or this Agreement or which might be offensive, illegal, defamatory, obscene, libelous, or that might violate the rights, harm, or threaten the safety of other Hotfuze Members. Content is not necessarily reviewed by Hotfuze prior to posting and does not necessarily reflect the opinions or policies of Hotfuze. In addition, Hotfuze will not and cannot censor or edit the content of any third-party site. You acknowledge that Hotfuze may or may not pre-screen Content, but that Hotfuze and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Hotfuze and its designees shall have the right to remove any Content that violates this Agreement or is otherwise found 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. In this regard, you acknowledge that you will not rely on any Content created by Hotfuze or submitted to Hotfuze, including without limitation information in Hotfuze Photo and Video Sharing, Blogs and in all other parts of the Service. "Publicly accessible" areas of the Service are those areas of the Hotfuze network of properties (such as Photo and Video Sharing) that are intended by Hotfuze to be available to the general public. In connection with contents posted/submitted by you, you further agree that you will not 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 written permission from their rightful owner to post the material and to grant Hotfuze all of the license rights granted herein; publish falsehoods or misrepresentations that could damage Hotfuze or any third party; impersonate another user.The following is an inclusive list of the kind of Content that is prohibited on the Site. Hotfuze will investigate and take appropriate action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication/content from the Service and the Site and terminating the Membership of the violators. It includes (but is not limited to) Content that: · 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. · is patently offensive to any community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; · harasses or advocates harassment of another person; · involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; · for band and filmmaker profiles, uses imagery that is unfair, misleading, deceptive or sexually explicit content intended to draw traffic to the profile. · promotes information that the person posting it is aware that it is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; · promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; · includes a photograph of another person that you have posted without that person's consent; · displays pornographic or sexually explicit material of any kind; · criminal or torture activity, including child pornography, fraud, trafficking in obscene material, enticing of minors, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; · provides material that exploits people under the age of 18 years in a sexual or violent manner, or solicits personal information from anyone under the age of 18 years; · furthers or promotes any criminal activity or enterprise provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; · covering or obscuring the banner advertisements on your personal profile page, or any Hotfuze page via HTML/CSS or any other means; · attempting to impersonate another Member or person; · solicits passwords or personal identifying information for commercial or unlawful purposes from other users/Members; and · engages in commercial activities such as contests, sweepstakes, barter and pyramid schemes. · displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity of sexual in nature on or through the Hotfuze Website on behalf of that person, such as placing commercial content of sexual nature on your profile, posting blogs or bulletins with a commercial purpose; or · using the Hotfuze Website in a manner inconsistent with any and all applicable laws and regulations.You must not include in your Member profile, any telephone numbers, street addresses, last names, URL's, and email addresses that are either patently visible to the other Members or can be deciphered or deduced. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If at any time Hotfuze is of the view in its sole discretion that your profile contains any information or material or Content which is objectionable, unlawful or illegal, Hotfuze has the right in its sole discretion to forthwith terminate your membership, and delete such objectionable, illegal or unlawful information, material or Content from your profile and disallow you to continue as a Member. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services.
6. Copyright Policy.
You are solely responsible for any and all activity happening through your account. You retain the ownership of the content contributed by you into this Service. Hotfuze does not claim any ownership in the content posted by you including without limitation the feedback and suggestions provided. You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site through the Hotfuze Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work 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 written 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; and where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Hotfuze's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the Contact section on the site. You agree not to circumvent, disable or otherwise interfere with security related features of the Hotfuze Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Hotfuze Website or the Content therein.
7. Member Disputes.
You are solely responsible for your interactions with other Hotfuze Members. Hotfuze reserves the right, but has no obligation, to monitor disputes between you and other Members.
8. Privacy.
Use of the Hotfuze Site and/or the Hotfuze Service is governed by the Hotfuze Privacy Policy,
Regardless of what personal information you choose to include in your Hotfuze profile or what level of sharing of your profile you choose, certain information about every Hotfuze Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of that Member's regular profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about that Member: Name (first, or first and last, depending on which option the Member chooses).
9. Disclaimers.
Under no circumstances will Hotfuze be responsible for any loss or damage to any person resulting from anyone's use of the Site or the Service and/or any Content posted on the Hotfuze Site or transmitted to Hotfuze Members. The exchange of profile(s) through or by Hotfuze should not in any way be construed as any offer and/or recommendation from/by Hotfuze. Hotfuze shall not be responsible for and/or liable any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of Hotfuze. Under no circumstances shall Hotfuze be responsible for any loss or damage, including personal injury or death, resulting from use of the Hotfuze services, attendance at a Hotfuze event, from any content posted on or through the Hotfuze services, or from the conduct of any users of the Hotfuze services, whether online or offline. The Site and the Service are provided "AS-IS AVAILABLE BASIS" and Hotfuze expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Hotfuze cannot guarantee and does not promise any specific results from use of the Site and/or the Hotfuze Service.
Hotfuze does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Hotfuze expressly disclaims any and all liability in connection with Content submitted by the User. Hotfuze does not permit copyright infringing activities and infringement of intellectual property rights on its Website. Hotfuze reserves the right to remove such Content without prior notice. Hotfuze will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer (except in the case of pornographic content) is a User who has been notified of infringing activity more than twice and/or has had his/her Content removed from the Website more than twice. Hotfuze is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Hotfuze Service, whether caused by users visiting the Site, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user and/or Member of the Hotfuze Service whether online or offline. Hotfuze assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or Member communications. Hotfuze is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including personal injury or property damage of any nature whatsoever, damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Hotfuze Site and/or in connection with the Hotfuze Service.
10. Indemnity.
You unconditionally and irrevocably undertake to indemnify and hold Hotfuze, its owners, affiliates, officers, agents, and other partners and employees, harmless and fully indemnified from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of the Content you submit, post, transmit or otherwise make available through the Service your use of the Service your connection to the Service, your violation of this Agreement, or your violation of any third party rights including without limitation any copyright, property or privacy rights or any violation of any applicable law or any breach of your representations and warranties as set forth herein.
The Limitation of Liability and Indemnity clause shall survive these Terms of Use and your use of the Hotfuze Site/Services.
11. Limitation on Liability.
In no event will Hotfuze, its officers, directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages whatsoever including but not limited to loss of profits resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Hotfuze website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Hotfuze is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Hotfuze shall not be liable for any content submitted by the you/User or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Notwithstanding anything to the contrary contained herein, Hotfuze’s, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Hotfuze, for the Service during the term of membership.
By joining Hotfuze or using the services of Hotfuze, you confirm that you have read the above provisions and agree to abide by them.
Please contact us with any questions regarding this Agreement.
