End-User Terms and Conditions Agreement

 

This “End-User Terms and Conditions Agreement” (“EUTC”) contains the terms and conditions for your use of a mobile app for radio broadcasters, shows, podcasters, etc. to extend their audio stream, social media and digital content to their audiences’ mobile devices, and that HOT101.NET, Inc. (“us,” “we” or “our”), the developer of this mobile app, will provide to you as an individual listener of the radio broadcast, show or podcast and user (aka “end user”) of the “HOT101.NET Mobile App” (“HOT101.NET App” or “App”).  


By accessing or using the HOT101.NET App, you are accepting the terms of this EUTC (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into this EUTC on behalf of yourself or the entity that you represent.

 

You may access or use the HOT101.NET App ONLY IF you are 13 years of age or older (Minimum Age).  However, if other applicable laws requires you to be older than age 13 in order to use, access or purchase the HOT101.NET App, then the Minimum Age will be the older age.

 

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS AND/OR USE THE HOT101.NET SERVICE.

 

1.               License and Access.  Subject to the terms of this EUTC, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the HOT101.NET App solely for your own personal, noncommercial use.  Once you purchase (if applicable) and download the HOT101.NET App, we will initiate your access as an end user of such app. 

2.               Certain Restrictions Regarding Your Use.  The rights granted to You in these Terms are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the HOT101.NET App, whether in whole or in part, or any content displayed on the HOT101.NET App; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the HOT101.NET App; (c) You shall not access the HOT101.NET App in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the HOT101.NET App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) any materials or information that you receive through the HOT101.NET App are for Your sole use and may not be copied, shared, or otherwise distributed to any third party; and (f) You will not hack or modify the HOT101.NET App to set up robots to automate or otherwise manipulate content on the HOT101.NET App.

3.               Your Data. Your use of the HOT101.NET App is your authorization for us, as your agent, to access third party sites which you designate in order to retrieve information.  You are licensing to us and authorizing us to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the HOT101.NET App (“Your Data”) in order for you to use the HOT101.NET App, and that we may retrieve Your Data on your behalf for purposes of providing the HOT101.NET App, to offer products and services, and for other permissible business purposes.  Except as otherwise provided herein, we may store, use, change, or display such information or create new content using such information.  Our use of Your Data and any aggregated data derived from Your Data is governed by the HOT101.NET Privacy Policy at: http://HOT101.NET/privacy_policy/policy

4.               Accuracy of Your Data. You represent and agree to the following with respect to your use of the HOT101.NET App:  (a) all of Your Data provided us is accurate, current, and complete; (b) you will not misrepresent your identity or account information; (c) you will keep all account information secure, up to date and accurate; and (d) you are a legal owner, or an authorized user, of the accounts at third party sites (i.e., social media sites) which you include or access through the HOT101.NET App, and that you have the authority to (1) designate us and our service providers as your agent, (2) use the HOT101.NET App, and (3) give us and our service providers the passwords, usernames, and all other information you provide.

5.               Your Responsibilities.  You are responsible for maintaining the confidentiality of Your Data and are fully responsible for all activities that occur through the HOT101.NET App that you downloaded.  You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of your copy of the App, Your Data (as defined below) or any other breach of security.  We cannot and will not be liable for any loss or damage arising from Your failure to comply with the terms of this EUTC.

a.     You also represent and warrant that Your Data and the use and provision of Your Data on the HOT101.NET App (when applicable) will not: (1) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (2) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) be fraudulent, false, misleading or deceptive; (4) be defamatory, obscene, pornographic, vulgar or offensive; (5) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (6) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (7) promote illegal or harmful activities or substances.

b.     In the event Your Data is reported for possible violations of these standards or any other terms in this EUTC, we may (in our sole discretion) remove such data without any notice to you. 

6.               Third Party Services. With respect to any third party sites we may enable you to access through the HOT101.NET App, you agree to the following: (a) you are responsible for all fees charged by all such third parties; (b) you will comply with all terms and conditions of third parties and agree that this EUTC does not amend any of those terms and conditions; (c) any links to third party sites that we may provide are for your convenience only, and we do not sponsor or endorse those sites; and (d) we are not responsible in any way or liable for any damages or costs arising from your use of any third party sites and services. 

7.               Limitations of HOT101.NET App. When using the HOT101.NET App, you may incur technical or other difficulties. We are not responsible for any technical or other difficulties or any resulting damages that you may incur.  We reserve the right to change, suspend or discontinue any or all of the HOT101.NET App at any time without prior notice.

8.               Acceptance of EUTC and Changes. Your use of the HOT101.NET App constitutes your acceptance of this EUTC, and you understand and agree that this EUTC is subject to change from time to time, in our sole discretion.  We will notify you of any material change through the HOT101.NET App. Your continued use will indicate your acceptance of the revised EUTC. 

9.               Ownership. You agree that HOT101.NET and its licensors (whichever applicable) retain all ownership, intellectual property and any other proprietary rights in the HOT101.NET App, associated content, technology, mobile applications and websites.

10.            End-User Conduct. You agree not to use the HOT101.NET App or the content or information delivered through the HOT101.NET App in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the HOT101.NET App to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for HOT101.NET or its service provider or cause HOT101.NET to lose the services of its service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the HOT101.NET App in such a manner as to gain unauthorized entry or access to computer systems.

11.            Indemnification. You agree to defend, indemnify and hold harmless HOT101.NET, its third party service providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the HOT101.NET App, your violation of these terms (including without limitation, any acts or omissions related to the provision or use of Your Data) or your infringement, or infringement by any other user, of any intellectual property or other right of anyone.

12.            DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE HOT101.NET SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, HOT101.NET AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE HOT101.NET APP, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, HOT101.NET AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE HOT101.NET APP (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE HOT101.NET APP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE HOT101.NET APP WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE HOT101.NET APP OR RELATED TECHNOLOGY WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOT101.NET APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOT101.NET OR ITS SERVICE PROVIDERS THROUGH OR FROM THE HOT101.NET APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13.            LIMITATION OF LIABILITY. YOU AGREE THAT HOT101.NET AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE, HOT101.NET OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE HOT101.NET APP THROUGH HOT101.NET OR ANY THIRD PARTY ACCOUNT PROVIDER'S SYSTEMS; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE HOT101.NET APP, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE HOT101.NET APP, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE HOT101.NET APP.

14.            Termination.  We may, without any liability to you whatsoever, suspend or terminate (permanently or otherwise) your rights to use the HOT101.NET App (including your account, if applicable) at any time for any reason at our sole discretion, including for any use of the HOT101.NET App in violation of the terms of this EUTC.  Upon termination of your rights under these Terms, your right to access and use the HOT101.NET App will terminate immediately.   

15.            Other Terms. You may not assign this EUTC. A determination that any provision of this EUTC is unenforceable or invalid shall not render any other provision of this EUTC unenforceable or invalid.  This EUTC and the resolution of any disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.  You consent to the jurisdiction and venue of the state and federal located in Alameda County, California for any action permitted under this EUTC, challenge thereto, or judgment upon the award entered.  YOU AND HOT101.NET WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.  ALL CLAIMS AND DISPUTES RELATED TO THIS EUTC MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE END USER LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER END USER. 

16.            Copyright and Other Intellectual Property Infringement Claims. We take the protection of Intellectual Property seriously.  We respect the rights of others’ content and Intellectual Property, and we expect our end users to do the same. You agree not to copy, distribute, display or otherwise reproduce any of the information available through the HOT101.NET App without receiving our prior written permission.  We reserve the right (in our sole discretion) to terminate and/or disable the accounts (or apps) of yours and any other end users for materially or repeatedly infringing the intellectual property rights of HOT101.NET, its licensors and other third-party contractors and any other third parties in accordance with all applicable laws.  Claims of copyright or other intellectual property infringement can be sent to our Copyright Agent, at webmaster@hot101.net. 

 

Any claims of alleged copyright or other intellectual property infringement must include:

 

a.     Identification of the intellectual property works which are the subject of the claimed infringement.

b.     Identification of the claimed infringing activity, including within the HOT101.NET App of the infringing copy.

c.     A statement with the signature of the person making the claim, which states that he/she is the owner, or authorized to act on behalf of the owner, of the infringed intellectual property, along with current contact information, which should include a mailing address, telephone number, and email address.

d.     A statement of a good faith belief that the subject use is not authorized by the intellectual property owner.

e.     A statement as follows: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the intellectual property that is allegedly infringed.”

If a statement does not include all required elements, it will not be treated as actual notice under the U.S. Digital Millennium Copyright Act (17 U.S.C. §512), or other applicable U.S. intellectual property law.

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us information similar to that above with regards to any allegation of trademark infringement, and we will address it as soon as practicable.

In the event we receive a claim, which substantially complies with the complaint requirements detailed above, we will remove the alleged infringing material from our HOT101.NET App, and notify you that the material has been removed. You may provide us with a counter notice if you believe the claim is in error. If you are the subject of multiple claims, we may, in our sole discretion, terminate your account related to or your access to the HOT101.NET App without further notice.

17.            PLEASE CONTACT US at webmaster@hot101.net IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.