TERMS OF USE; DMCA NOTICE; PRIVACY; LICENSE GRANTS
Last Revised: 8-18-18
1. AGREEMENT TO TERMS: PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. THESE TERMS APPLY TO lastarsearch.com INTERNET WEBSITE, MOBILE SITE, APPS AND ANY OTHER MEDIA BY WHICH lastarsearch.com IS ACCESSED (“WEBSITE”). THE WEBSITE IS OWNED BY HOT IN HERE, INC. (“HOT FOREVER”). BY ACCESSING, VIEWING AND/OR USING lastarsearch.com (“WEBSITE”) YOU ARE AGREEING TO BE BOUND BY THESE TERMS AS OF THE DATE OF ACCESS, VIEWING, OR USE (ALL SUCH ACTIVITIES REFERRED TO AS “USE”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to agree to and comply with these Terms and use the Website.
HOT FOREVER reserves the right to modify the Terms by posting a notice of changes, or by posting revised Terms. HOT FOREVER will also alert you to the modification by indicating on the top of these Terms the date it was last revised (i.e., following the words “Last Revised”). The Terms, modified or otherwise, are effective upon posting unless otherwise stated. Your use of the Website following the posting of any Terms constitutes your acceptance of the Terms posted at the time of your use. HOT FOREVER encourages you to review the Terms whenever you visit the Website to make sure that you understand and agree with the then current Terms.
2. PERMITTED USE AND PROHIBITED USE IN GENERAL.
HOT FOREVER hereby grants you limited permission to use the Website so long as HOT FOREVER provides you with access to the Website, and solely for your personal, noncommercial use, and only for the purposes of viewing or playing content available on the Website. For the avoidance of doubt, HOT FOREVER is not giving you any rights or license with respect to any aspect of the Website, all rights being held by HOT FOREVER, unless otherwise expressly stated by HOT FOREVER to the contrary in connection with a specifically identified portion function of the Website. In the event of any ambiguity, ownership and all associated rights shall rest with HOT FOREVER.
HOT FOREVER reserves the right, in its sole and absolute discretion, to block and/or refuse to allow use of the Website by one or more users, including you, at any time and for any reason. Without limiting the foregoing, HOT FOREVER specifically prohibits the use of the Website for any purpose deemed improper by HOT FOREVER. Improper uses include but shall not be limited to: (i) copying, distributing or modifying any part of the Website without HOT FOREVER’s prior written authorization; (ii) use of the Website to transmit or attempt to transmit advertisements without HOT FOREVER’s prior written authorization; (iii) use of the Website to transmit or attempt to transmit spam, chain letters, harassing, libelous or defamatory statements, or any unlawful content or material; (iv) use or attempted use of the Website to transmit software viruses, spyware, or any other computer code, files or programs which is harmful or otherwise unwanted by HOT FOREVER or other users; (v) disruption of servers or networks connected to the Website; and (vi) of use that is not in compliance with these terms.
Without limitation as to other restrictions identified herein, you shall not upload to, distribute through or otherwise publish through the Website any content which is obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships. You shall not act in a manner that negatively affects other users’ ability to interact with the Website.
You shall not collect or store personal data about other users. You acknowledge that HOT FOREVER does not pre-screen content posted by you or other users, but that HOT FOREVER retains the right (but not the obligation) in our sole discretion to refuse or remove any content, accounts or users. HOT FOREVER shall not be deemed to have assumed responsibility for any such content as a result of HOT FOREVER’s exercising its right to remove same. You agree that HOT FOREVER has no liability or responsibility for the storage or deletion of any content that you or any other users submit.
HOT FOREVER may modify or discontinue the Website or any part thereof, or any practices with respect thereto, without notice to you, and you understand that HOT FOREVER shall not be liable for any modification, suspension, or discontinuance of the Website or any part thereof.
3. WEBSITE NOT INTENDED FOR MINORS; PARENTAL SUPERVISION IS REQUIRED.
Please note that because users can post Content through the Website without HOT FOREVER’s approval or review, some content may be considered inappropriate and harmful to minors. In order to protect minors from such content, you can retain a third party service provider to block inappropriate content from your computer and/or browser. HOT FOREVER does not and cannot endorse the quality and capabilities of such services. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site.
4. INTELLECTUAL PROPERTY.
Except as otherwise provided herein, all intellectual and/or other proprietary rights, including but not limited to all trademarks, copyright and other material, in or disclosed on, or accessible through, the Website is, as between you and HOT FOREVER, owned by HOT FOREVER. Any copying of such content other than for your own personal, non-commercial use, non-public use, without written permission from HOT FOREVER, is strictly prohibited.
You will not use any content, any derivation thereof, the names “HOT FOREVER”, “Hot in Here, Inc.” or any other trademark of HOT FOREVER or any derivations thereof (the “Trademarks”) in any advertising/marketing materials or permit disclosure in any communication in any manner whatsoever. Without HOT FOREVER’s consent, with respect to any content, information or material on the Website or any HOT FOREVER platform, you shall not: (i) sublicense, publish, transmit, transfer, sell, reproduce, distribute, display, alter or in any way exploit the content; (ii) combine, mix or integrate the content with other information; (iii) use or actively market the content, other than use for internal purposes; or (iv) distribute the content or any portion thereof.
5. INFRINGEMENT CLAIMS.
HOT FOREVER respects the intellectual property rights of others. It is our strict policy to never knowingly work in association with any infringing entity’s unlawful use of a lawful trademark or lawful copyright.
Any notices of believed infringement may be sent to the agent identified below. In accordance with 17 U.S.C. § 512, the notice you send must identify:
A physical or electronic signature of the copyright owner or person authorized to act;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing;
Your contact information;
A statement that you have 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;
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner.
Notice of copyright infringement claims may be submitted via the “contact us” form accessible here http://www.lastarsearch.com/page/contact.
6. ACCOUNT CREATION AND USE; ADDITIONAL USER OBLIGATIONS.
In order to access some features of the Website, you may have to create an account. Any such account is the property of HOT FOREVER and can be terminated at any time at HOT FOREVER’s sole discretion. All of these Terms apply to your account and your use of your account, in addition to any specific terms or conditions that you are required to agree to in connection with establishing your account. When creating your account or otherwise submitting information to HOT FOREVER, you will provide and you represent and warrant that all such information is accurate, true and complete. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. We may deny you access to the Site or reject your order in the event that your information is untrue, inaccurate or incomplete. Unless you cannot remember your username and/or password, you may only register once for use of the Site.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Only the identified account holder is authorized to use the respective account. You must notify HOT FOREVER immediately of any breach of security or unauthorized use of your account. You will be solely liable for any use made of your account or password and the losses of HOT FOREVER or any other persons or entities damaged due to such use, whether or not authorized by you, and regardless of whether HOT FOREVER is found to have any partial responsibility for the cause of such losses or damage. Without limitations as to other restrictions identified herein, you shall not create a user name or account name, or use your account in a way, that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, illegal or harassing, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships.
You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature that are transmitted to or via the Website by a user, even though owned or licensed by HOT FOREVER are the sole responsibility of such user. This means you, and not us, are entirely responsible for any content you submit or which is submitted in response to content submitted by you by other users, except for your Personal Information, described in our Privacy Policy.
You acknowledge and agree that by submitting content to the Website, in addition to the other Terms herein, you automatically grant HOT FOREVER, and its successors, assigns, licensees, parent, subsidiary and other affiliated entities, an exclusive, fully-paid, world-wide, royalty-free license to publicly display, publicly perform, distribute, and reproduce any and all content submitted by you in any manner and in any medium, including, without limitation, through physical copies such as still photos, videos, and CDs, by television by any means, on or via the Internet, including, without limitation, the World Wide Web, and any other network or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery via such a network to personal computers, hand-held devices, and television set-top boxes through telephone or cable lines, or wirelessly through broadband, satellite, cellular or terrestrial broadcast networks and other similar networks or technologies whether now existing or hereafter developed. BY SUBMITTING CONTENT OR OTHER MATERIAL TO HOT FOREVER, YOU ARE RELEASING AND WAIVING ANY AND ALL RIGHTS TO SAME, WHETHER UNDER INTELLECTUAL PROPERTY, RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR ANY OTHER LEGAL THEORY, AND RELEASE AND WAIVE ANY AND ALL RIGHT OF ACCESS TO SUCH CONTENT OR OTHER MATERIAL. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADEQUATELY COMPENSATED FOR ANY SUCH CONTENT OR OTHER MATERIAL, INCLUDING, AMONG OTHER REASONS, BY VIRTUE OF BEING PERMITTED TO SUBMIT SUCH CONTENT OR MATERIAL TO THE WEBSITE AND HAVE ACCESS TO ITS LARGE AUDIENCE THEREBY, EVEN IF ONLY BRIEFLY.
7. AUTOMATED AND OTHER ACCESS RESTRICTIONS.
You agree not to use or launch any automated access system to use the Website, including without limitation, “robots,” “spiders,” and “offline readers.” HOT FOREVER prohibits commercial caching or archival of the Website or any portion thereof. You agree not to collect or harvest any personally identifiable information of any person other than yourself, including account names or e-mail addresses from the Website, and further agree not to use the communication systems provided by the Website for any commercial solicitation purposes, whether directed broadly or to any specific user. For the avoidance of doubt, HOT FOREVER has the right to terminate your account with or any other access to the Website, in its sole and absolute discretion, immediately and with or without cause.
8. THIRD PARTY AND USER CONTENT, WEBSITES AND LINKS.
The Website may contain links to third party websites that are not owned or controlled by HOT FOREVER, including social media sites (“Third Party Websites”). HOT FOREVER is not affiliated with those Third Party Websites, has no control over, and assumes no responsibility for, the content, privacy policies, terms of use, or practices of any Third Party Websites. In addition, HOT FOREVER will not and cannot censor or edit the content of any Third-Party Website, including but not limited to use of your Personal Information by such Third Party Websites. You expressly release HOT FOREVER from any and all liability arising from your use of any Third Party Website. Accordingly, we encourage you to be aware when you have left the HOT FOREVER Website and to read the terms, conditions and privacy policy of each other website that you visit.
The Website may itself contain content generated by third parties or users. You understand and agree that HOT FOREVER has the right (but not the obligation) to access, re-arrange, modify and remove or restrict access to any content on the Website, whether submitted by your or otherwise, in its sole and absolute discretion and without notice or compensation. Notwithstanding these rights of HOT FOREVER, you acknowledge and agree that HOT FOREVER has no responsibility whatsoever for content posted to the Website by third parties or users, and that you have no expectation that HOT FOREVER will review, screen, pre-screen or otherwise monitor such content.
9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, NO EVENT SHALL HOT FOREVER (OR ANY OF HOT FOREVER’S PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND/OR AGENTS) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL OR OTHERWISE, RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER; (III) ANY UNAUTHORIZED USE OF OUR 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; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT; AND/OR (VI) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN OR REASONABLY FORESEEABLE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HOT FOREVER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, WHETHER BASED ON CONTENT ACCESSIBLE THROUGH HOT FOREVER OR OTHERWISE.
10. INDEMNITY BY YOU OF HOT FOREVER
To the fullest extent permitted by law, You agree to hold harmless, defend, and indemnify HOT FOREVER, its parents, subsidiaries, affiliates, successors and assigns, officers, directors, shareholders, and/or employees, from all liabilities, claims, demands and expenses, including attorneys’ fees (which will be due as they are incurred), that results or arise from your use of the Website, including your submission of any information, content or material to the Website, or your sharing and/or linking to the Website, whether with or without HOT FOREVER’s knowledge or consent. HOT FOREVER shall have the right, in connection with your indemnity obligations, to choose counsel for its defense, at your cost, and HOT FOREVER may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event
11. ASSIGNMENT.
These Terms are assignable and transferable, along with all rights you have granted to HOT FOREVER hereby, by HOT FOREVER without restriction. You have no rights assignable under these Terms or in connection with your use of the Website, but to the extent it were to be interpreted by law otherwise, and further with respect to your obligations herein, you may not assign or transfer any of the foregoing without HOT FOREVER’s prior written consent.
12. DISCLAIMER OF WARRANTY.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ANY INFORMATION CONTAINED THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, HOT FOREVER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER HOT FOREVER NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS/THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE, OR ANY INFORMATION CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS IN THE SITE OR INFORMATION WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (vi) THAT THE SOFTWARE BEHIND THE SITE IS NON-INFRINGING.
HOT FOREVER AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE HOT FOREVER AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF HOT FOREVER OR ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, OR CONTENT ACCESSED THROUGH THE USE OF THE SITE, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, OR CONTENT CONTAINED THEREIN.
HOT FOREVER MAKES NO CLAIM THAT THE SITE OR CONTENT APPEARING THEREON ARE APPROPRIATE OR MAY LEGALLY BE ACCESSED FROM OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITE MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES AND IN ANY SUCH CASE ACCESS IS PROHIBITED BY HOT FOREVER.
YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.
SOME JURISDICTIONS MAY LIMIT TO EXTENT TO WHICH WARRANTIES MAY BE DISCLAIMED OR MAY OTHERWISE LIMIT ENFORCEMENT OF THESE TERMS AND TO SUCH EXTENT, AND ONLY TO SUCH EXTENT, THE PROHIBITED PROVISIONS SHALL BE DEEMED REMOVED AND THE REMAINING PROVISIONS ENFORCEABLE.
13. ASSUMPTION AND RISKS.
YOU ASSUME ALL RISKS THAT THE WEBSITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND ALL RISKS THAT SERVICE WILL NOT BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS WEBSITE, READING COMMENTS BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS WEBSITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE WEBSITE.
14. HOT FOREVER WRITER TOOL.
Article License:
HOT FOREVER is presently offering an opportunity for users to submit articles and related or included photographs, music, videos, interviews, news content, software, and any other Writer-generated information (“Articles”) for consideration for publication on the HOT FOREVER Website using the “HOT FOREVER Writer Tool.” The Writer Tool is being provided at the sole and absolute discretion of HOT FOREVER, and may be terminated at any time without prior notice to you, or to any individual user who has submitted an article (a “Submitter”).
The determination of whether or not to publish articles submitted through the HOT FOREVER Writer Tool is entirely within the discretion of HOT FOREVER, which may choose to publish or not publish any material for any reason or no reason.
By submitting Articles to the Web Site, you grant HOT FOREVER a worldwide, non-exclusive, perpetual, royalty free, irrevocable, fully transferable license to the Article (the “Article License”). The Article License includes an unlimited right to HOT FOREVER to use, in any manner whatsoever, including commercial, parody, or otherwise, all rights relating to the Article, including but not limited to: (i) copyrights; (ii) rights to reproduce, display, perform, sell and distribute the Article or copies thereof, in whole or in part, in any form or medium whatsoever, now known or later discovered including, without limitation, in connection with any HOT FOREVER content distribution mechanism, whether this Website or another site, social media or other media platforms, TV, mobile, media or method; (iii) moral rights, rights to decide whether and in what manner the Article or any portion thereof shall be published, advertised, publicized, performed or exploited, including but not limited to in matters which may be considered by the Writer to be derogatory, comical, unflattering or otherwise inconsistent with the Writers preferences; (iv) rights to create derivative works and alter, expand, adapt, modify and make any arrangements of the Article; and (v) all rights to enforce, and to seek and secure any statutory protections, as to the Article, including the collection of damages. All of the foregoing rights are included within the Article License and are irrevocable.
Consideration. You, as the Writer, acknowledge and agree that the consideration being provided to you in exchange for the Article License and for all other rights granted to HOT FOREVER under these Terms, is the opportunity for you, the Writer, to have your article considered for publication on the HOT FOREVER Website, even if your article is not ultimately selected for publication. You recognize and agree that HOT FOREVER’s effort in reviewing article submissions, including yours, and determining whether or not to publish such articles, in addition to the possible publication of such articles, is fair and just compensation for the rights granted to HOT FOREVER herein. You acknowledge and agree that you will not be entitled to any financial compensation of any kind, and that the consideration described herein is fair and sufficient for the rights you are giving. IF YOU DO NOT AGREE WITH ANY OF THE FOREGOING, OR ANY OF THE TERMS HEREIN, DO NOT SUBMIT YOUR ARTICLE THROUGH THE WRITER TOOL.
Access, Termination and Removal of Article. HOT FOREVER reserves the right to restrict, refuse or terminate access to any Article without notice, at any time, and for any reason whatsoever at its sole discretion. The removal of any Article from the Website or other HOT FOREVER platform, whether temporarily or permanently, shall not modify or alter the Terms or the Article License.
Representations and Warranties. With respect to any Article you submit to the Website, you warrant and represent to HOT FOREVER that: (i) the Article is an original work, that you own and control the Article, and all portions thereof, and all associated intellectual property rights, throughout the world, and you have the full and exclusive right and authority to grant the rights to HOT FOREVER herein contained; (ii) you have no contractual commitments which will or might interfere or conflict with your ability to grant the rights to HOT FOREVER herein contained; (iii) the User Content and all components thereof, do not and will not defame or infringe upon or violate any rights of privacy, publicity or otherwise of any person or entity; and (iv) you will indemnify and hold HOT FOREVER harmless from any loss or damage that HOT FOREVER may suffer as a result of the breach of any of the foregoing warranties and representations, including payment of attorney’s fees as incurred, with HOT FOREVER having the exclusive right to control such defense including selecting counsel, all at your expense.
15. CHOICE OF LAW AND FORUM.
These terms and your use of the website will be governed by the law of the state of New York. Any claims arising from your use of the website or these terms shall be subject to the exclusive jurisdiction of the federal or state courts, as applicable, in the State of New York, New York County.
16. PRIVACY POLICY.
HOT FOREVER may collect non-personally identifiable information regarding your visit to the Website. HOT FOREVER may utilize third party software to collect this information and reserves the right to change its data collection methods, providers and/or software, at any time in its sole discretion.
What Personal Information We Collect
HOT FOREVER may also collect Personal Information about you. By “Personal Information”, we mean information that can be used to identify a specific individual. This may include “cookies”. Cookies are collected through our “Tracking Technologies” described below. Other Personal Information is what you provide to us when registering for a service or purchasing a product.
By using the Website and providing any information to us, you are acknowledging that the Website is not a secure site and that data transmissions via email, upload through a network or on Website forms are inherently insecure. We will not intentionally disclose your Personal Information, but we cannot control and will not be liable interference by third-parties. You agree not to provide any information through the Website or email that you would not want shared with others.
How We Use Personal Information.
Cookie data use is addressed below under “Tracking Technologies”.
We will use your Personal Information to enable us to provide the service or product indicated when you provided the information. We may also use your Personal Information to identify you when you visit our Website, to improve the operation and usefulness of our Website, to enable us to improve our services and products, and comply with applicable laws and law enforcement.
Users have the opportunity at any time to remove themselves from HOT FOREVER’s communications by responding to the opt-out information provided on our Website and email broadcasts and/or calling 1-800-993-4032 and asking for Evan Hollins.
In the course of serving advertisements to the Website or other HOT FOREVER platforms, our third-party advertisers may also collect information about you, or place or recognize a unique “cookie” or other tracking software on your browser, as described further below. Although HOT FOREVER does not intend to conduct business with advertisers that use inappropriate or deceptive tracking techniques, HOT FOREVER has no control over or responsibility for or control over the actions of our advertisers’ with respect to their own advertisements, data collection or handling policies, and accordingly HOT FOREVER shall not have any liability with respect to the actions of advertisers on the Website. If you have any concerns, you should not access the advertiser link, ad or page.
How We Protect Personal Information
Personal information collected via the Website may be stored and processed in the United States and/or any other country in which HOT FOREVER maintains facilities, and by using the Website, you consent to any such storage, processing and transfer of information into and out of your country, state, and/or territory.
HOT FOREVER employs standard commercial procedural and technological measures reasonably designed to protect your Personal Information under our control from loss or unauthorized access, disclosure, alteration, or destruction. HOT FOREVER stores your personal information on secure computers located in a controlled access data center, to which only a small number of HOT FOREVER employees involved in the management of the data center have physical access. Where reasonably practical, HOT FOREVER uses encryption, firewalls, and other security technology to help prevent unauthorized access to your Personal Information.
We follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security and will not be liable for security breaches
Tracking Technologies
We use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the Website, track users’ movements around the Website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.
In addition to the other uses of Personal Information described herein, we use cookies to remember users’ settings (e.g., language preference), and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Website, but your ability to use some features or areas of our Website may be limited.
HOT FOREVER employs a number of tracking technologies on its Website in order to improve our Website, products and services. Currently we use Google Analytics, Disqus & Quantcast Choice. More information about this service may be located here:
http://www.google.com/intl/en/policies/privacy/ ,
https://help.disqus.com/terms-and-policies/disqus-privacy-policy ,
https://www.quantcast.com/terms/quantcast-choice-terms-of-service/.
Data Retention
You may request that we delete your Personal Information and after such request, we will retain and use your Personal Information only as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Contact For Any Privacy Concerns
HOT FOREVER
Email:
erikmishiyev@gmail.com
Phone:
HOT FOREVER may also disclose your information: (1) if HOT FOREVER determines a violation of the Terms has occurred; (2) if HOT FOREVER believes such disclosure is necessary to identify or bring legal action regarding injury or interference with the rights of HOT FOREVER or another user of the Web Site; (3) to respond to legal process or as otherwise required by law; and (4) to assist HOT FOREVER in fraud protection or investigation.
You understand that information received from you may be used by HOT FOREVER for any or all of the reasons described herein.
UNFORTUNATELY, INTENTIONAL DATA BREACHES AND UNAUTHORIZED ACCESS BY THIRD PARTIES IS A RISK THAT HOT FOREVER CANNOT CONTROL. WHILE HOT FOREVER TAKES COMMERCIALLY REASONABLE STEPS TO PROTECT THE DATA IT STORES, IT CANNOT ASSUME RESPONSIBILTIY FOR SUCH THIRD PARTY ACTS.
ACCORDINGLY, NONE OF THE HOT FOREVER PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DATA BREACH OR UNAUTHORIZED ACCESS TO USER CONTENT OR OTHER INFORMATION ON OR SUBMITTED THROUGH THE WEB SITE, REGARDLESS OF THE LEVEL OF CARE USED BY HOT FOREVER.
Except as otherwise required by law, any information submitted by you on the Web Site or in connection with your use of the Web Site, is not considered and will not be treated as confidential.