By using the thehotmobile.com online website for cell phone content service (the "thehotmobile.com service"), you accept and agree to be bound by the following terms and conditions . Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
changes to thehotmobile.com and terms and conditions
We reserve the right to modify or terminate the thehotmobile.com service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. 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 12 years or older to use the thehotmobile.com service. By registering for the thehotmobile.com service, you represent and warrant that you are 12 or older and that you have the capacity to understand, agree to and comply with these Terms of Service.
You must provide true, accurate and complete registration information to be an thehotmobile.com 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.
appropriate conduct and content; personal use only
The thehotmobile.com service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the thehotmobile.com service for any purpose.
You may not use the thehotmobile.com 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 thehotmobile.com 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.
Other examples of illegal or unauthorized uses include, but are not limited to:
modifying, adapting, translating, or reverse engineering any portion of the thehotmobile.com service;
removing any copyright, trademark or other proprietary rights notices contained in or on the thehotmobile.com service;
using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the thehotmobile.com service;
collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
reformatting or framing any portion of the web pages that are part of the thehotmobile.com service;
creating user accounts by automated means or under false or fraudulent pretenses;
creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members or otherwise interfering with other Member's enjoyment of the service;
submitting Materials of any third party without such third party's prior written consent;
directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by thehotmobile.com;
submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
submitting Materials that are unlawful or promote or encourage illegal activity; or
submitting false or misleading information.
While thehotmobile.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the thehotmobile.com service at your own risk.
thehotmobile.com's proprietary rights
thehotmobile.com retain all rights in the thehotmobile.com Web site and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by thehotmobile.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of thehotmobile.com's proprietary information.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
You shall be solely responsible for files uploaded by you ("User Submission") and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize thehotmobile.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to thehotmobile.com, you hereby grant thehotmobile.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the thehotmobile.com Website and thehotmobile.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the thehotmobile.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the thehotmobile.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the thehotmobile.com Website.
In connection with User Submissions, you further agree that you will not: (i) 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 permission from their rightful owner to post the material and to grant thehotmobile.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage thehotmobile.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. thehotmobile.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and thehotmobile.com expressly disclaims any and all liability in connection with User Submissions. thehotmobile.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and thehotmobile.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. thehotmobile.com reserves the right to remove Content and User Submissions without prior notice. thehotmobile.com will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. thehotmobile.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. thehotmobile.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
disclaimer of warranties
thehotmobile.com 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 thehotmobile.com service.
THE thehotmobile.com SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE thehotmobile.com SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. thehotmobile.com 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, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU AGREE THAT YOUR USE OF THE thehotmobile.com SERVICE IS ENTIRELY AT YOUR OWN RISK.
hold harmless and indemnity
You agree to hold harmless and indemnify thehotmobile.com from and against any third party claim arising from or in any way related to your use of the thehotmobile.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
limitation of liability
UNDER NO CIRCUMSTANCES WILL thehotmobile.com BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE thehotmobile.com SERVICE, WHETHER OR NOT thehotmobile.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE thehotmobile.com SERVICE, FROM INABILITY TO USE THE thehotmobile.com SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE thehotmobile.com 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.
term and termination
These Terms of Service will apply to your use of the thehotmobile.com service. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the thehotmobile.com service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
we may provide you with notices regarding the thehotmobile.com service or these Terms of Service by email, or postings to this Web site.
Without limiting the foregoing, under no circumstances shall thehotmobile.com 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 thehotmobile.com 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.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.