Hotfuse

Terms and Conditions

Effective Date: May 1, 2016

This terms and conditions represent a legal document and is the Terms and Conditions(Agreement) for the use of our website www.hotfuse.com and hotfuse mobile apps (website and mobile apps). By using our Website and mobile apps, you agree to fully comply with and be bound by the following Agreement each time you use our Website and mobile apps. Please review the following terms carefully.

 

Our Services

Our Website and mobile apps lets you instantly take a picture or a video, edit it and share it to the world on same hotfuse platform. You can post comments and engage in group chats all on hotfuse platform. Why not poll your friends about an issue, purchase or something on your mind, again all on hotfuse platform. We will add additional features and may change, enhance, remove any feature or service offered without any notice.

Definitions

The terms “us” or “we” or “our” refers to Hotfuse, the owner of this Website and mobile apps. A “Visitor” is someone who merely browses our Website and mobile apps. A “Member” is someone who has registered with our Website and mobile apps to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, design, and data offered through our Website and mobile apps or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

Acceptance of Agreement

This Agreement is between you and Hotfuse.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE AND MOBILE APPS CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE AND MOBILE APPS IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Hotfuse, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website and mobile apps, Services, and the subject matter contained herein. However, in order for you to use our Website and mobile apps and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

Limited License

Hotfuse grants you a non-exclusive, non-transferable, revocable license to access and use our Website and mobile apps and Services strictly in accordance with this Agreement. Your use of our Website and mobile apps and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website and mobile apps or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website and mobile apps, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Hotfuse.

Our Intellectual Property

Our Website and mobile apps may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website and mobile apps or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Hotfuse.
Our Content, as found within our Website and mobile apps and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and mobile apps and Services does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

Our Website and mobile apps will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

 

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Eligibility and Registration for Membership

To use our Services, you must register with our Website and mobile apps to become a Member. Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least 13 years of age or older.

Any registration by, use of or access to our Website and mobile apps by anyone under such age, is unauthorized, unlicensed and in violation of these Terms and Conditions. By using our Website and mobile apps and/or Services, you represent and warrant that you are 13 years of age or older, and that you agree to abide by all the terms and conditions of this Agreement. Hotfuse has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website and mobile apps cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Content Disclaimer

The opinions expressed on our Website and mobile apps are not necessarily the opinions of Hotfuse.
Any Blog content provided by our bloggers are of the blogger’s opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on our Website and mobile apps. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Website and mobile apps will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website and mobile apps will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of our Website and mobile apps or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website and mobile apps or Services.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website and mobile apps shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Hotfuse or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website and mobile apps or Services.

Advertisers and Sponsors Disclaimer

Our Website and mobile apps may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website and mobile apps is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY Hotfuse AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITE AND MOBILE APPSS OR ANY OTHER WEBSITE AND MOBILE APPS LINKED TO OUR WEBSITE AND MOBILE APPS.

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant website and mobile apps. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer

Hotfuse is not responsible or liable in any manner for any Content posted on our Website and mobile apps or in connection with our Services, whether posted or caused by Members of our Website and mobile apps, or by Hotfuse. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website and mobile apps or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website and mobile apps or Services. Hotfuse is not responsible for the conduct, whether online or offline, of any user of our Website and mobile apps or Services.
Our Website and mobile apps or Services may be temporarily unavailable from time to time for maintenance or other reasons. Hotfuse 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, Member communications.

Hotfuse is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website and mobile apps or Services, including without limitation any software provided through our Website and mobile apps or Services.

Under no circumstances will Hotfuse be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website and mobile apps or Services, or any interactions between Users of our Website and mobile apps or Services, whether online or offline.
Hotfuse reserves the right to change any and all Content, software and other items used or contained in our Website and mobile apps or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website and mobile apps, by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE AND MOBILE APPS ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND MOBILE APPS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

Hotfuse, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE AND MOBILE APPS OR SERVICES. Hotfuse CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE AND MOBILE APPS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Hotfuse DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE AND MOBILE APPS OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Hotfuse. OUR WEBSITE AND MOBILE APPS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE AND MOBILE APPS OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

Hotfuse, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website and mobile apps or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website and mobile apps or Services, (d) your use of our Website and mobile apps our Content, (e) the content contained on our Website and mobile apps or Services, or (f) any delay or failure in performance of our Website and mobile apps and Services beyond our control.

IN NO EVENT WILL Hotfuse OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE AND MOBILE APPS, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE AND MOBILE APPS OR SERVICES, EVEN IF Hotfuse IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOTFUSE’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 US FOR WEBSITE AND MOBILE APPS AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post their own content to our Website and mobile apps through our Services (Member Content). Members and Visitors understand that by using our Website and mobile apps or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Hotfuse is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Hotfuse will submit all necessary information to the proper authorities.

If any Member Content is reported to Hotfuse as being offensive or inappropriate, ?we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Hotfuse. Should the Member fail to meet such a request, Hotfuse has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

Member Conduct

Members may post their own content to our Website and mobile apps through our Services (Member Content). Members and Visitors understand that by using our Website and mobile apps or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Hotfuse is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Hotfuse will submit all necessary information to the proper authorities.

If any Member Content is reported to Hotfuse as being offensive or inappropriate, ?we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Hotfuse. Should the Member fail to meet such a request, Hotfuse has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

 

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and mobile apps and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.