Terms &amp; Conditions

Terms & Conditions

Last Updated on November 12, 2007

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

This Terms and Conditions Agreement (the “Terms” or “Agreement”) describe the terms and conditions applicable to your access and use of the HotNewz.tv Website and services (collectively, the “Website”). HotNewz.tv may amend this Agreement at any time by posting the amended Terms and Conditions on our Website, and you agree that you will be bound by any changes to the Terms and Conditions. For your convenience, the date of last revision is included at the top of this page. HotNewz.tv may make changes to the Website and/or the services described on the Website at any time. You understand that HotNewz.tv may discontinue or restrict your use of the Website for any reason or no reason with or without notice.

ABOUT THE INFORMATION ON THIS SITE.

The content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe HotNewz.tv’s publication, display, or transmission of the content on the Website as a warranty or guarantee of the quality or availability of any goods or services.

USE OF MATERIALS ON THIS SITE.

HotNewz.tv invites you to view and use a single copy of the Website for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Website.

USER CONTENT.

The Website enables its registered users to post content, including without limitation public messages, comments, and audio/video content (hereinafter, “User Content”) that may be viewable by other Website users. You understand that, by using the Website, you may be exposed to User Content that you may consider to be offensive or objectionable. You acknowledge that HotNewz.tv does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate, and bear all risks associated with, your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

COMMUNICATIONS WITH THIRD PARTIES.

Your dealings or communications through the Website with any party other than HotNewz.tv are solely between you and that third party. Under no circumstances will HotNewz.tv be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

NO PROFESSIONAL ADVICE.

You acknowledge that HotNewz.tv does not provide professional advice, and you agree that you will not use the Website as a substitute for or supplement to advice from a qualified professional, whether they be a medical, legal or other professional.

LINKS TO THIS SITE AND USE OF MARKS.

Unless otherwise set forth in a written agreement between you and HotNewz.tv, you must adhere to HotNewz.tv’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with HotNewz.tv’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with HotNewz.tv, (iii) when selected by a user, the link must display the HotNewz.tv Website on full-screen and not within a “frame” on the linking Website, and (iv) HotNewz.tv reserves the right to revoke its consent to the link at any time and in its sole discretion.

DISCLAIMERS AND LIMITATION OF LIABILITY. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

HOTNEWZ.TV MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

HOTNEWZ.TV MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOTNEWZ.TV DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF HOTNEWZ.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY.

You agree to indemnify, defend and hold HotNewz.tv, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of this Agreement.

TRADEMARKS.

HotNewz.tv and the HotNewz.tv logo are trademarks/service marks of HotNewz.tv. Unauthorized use of any HotNewz.tv trademark, service mark or logo may be a violation of federal and state trademark laws.

LOCATION.

The HotNewz.tv Website is operated by HotNewz.tv from its offices in the United States. Those who choose to access the HotNewz.tv Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

CHILDREN.

The HotNewz.tv Website is not directed toward children under 13 years of age nor does HotNewz.tv knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to HotNewz.tv.

PRIVACY POLICY.

By agreeing to these Terms, you acknowledge that HotNewz.tv may collect, use and disclose your information as described in our Privacy Policy.

COPYRIGHT.

The Website is protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without HotNewz.tv’s express prior written permission. You may not use browser tools or other third-party tools to download and retain a copy of any materials or programming appearing on the Website that HotNewz.tv does not otherwise make available for download.

EMAIL.

Email submissions over the internet may not be secure. Please do not email HotNewz.tv any personal or confidential information.

NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT.

If you are a copyright owner or agent thereof and believe that content posted on the Website by a HotNewz.tv user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. � 512(c)), to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a 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 (f) 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. Our Copyright Agent can be reached by mail at: HotNewz.tv, ATTN: COPYRIGHT AGENT, 355 West 52nd Street, New York, NY 10019, or by email here. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

CHOICE OF LAW/FORUM.

All claims arising out of this Agreement or relating to the Website will be governed by the laws of the State of Delaware, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to the Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.

MISCELLANEOUS.

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. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. HotNewz.tv’s failure to act with respect to any failure by you or others to comply with these Terms does not waive HotNewz.tv’s right to act with respect to subsequent or similar failures. These Terms and Conditions set forth the entire understanding and agreement between you and HotNewz.tv with respect to the subject matter hereof; provided, however, that it shall be read in conjunction with any HotNewz.tv user agreement(s) entered into by you. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

VIOLATIONS AND ADDITIONAL POLICIES.

HotNewz.tv reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.