Terms of Service
PLEASE
READ THESE TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. BY VIEWING AND/OR
USING VLADTV.COM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT.
Hot in Here, Inc. (“we”, “us” or “VLADtv”) reserves the right to change or revise
the terms and conditions of this Agreement at any time by posting any changes
or a revised Agreement on the Site. VLADtv will alert you that changes or
revisions have been made by indicating on the top of this Agreement the date it
was last revised (i.e., following the words "Last Revision"). The
amended or revised Agreement will be effective immediately after it is posted
on the Site. Your use of the Site following the posting of any such changes or
of a revised Agreement will constitute your acceptance of any such changes or
revisions. VLADtv encourages you to review this Agreement whenever you visit
the Site to make sure that you understand the current terms and conditions
governing your use of the Site. If you do not agree to this Agreement (including
any referenced policies or guidelines), please immediately discontinue your use
of the Site.
1. Your Acceptance. BY USING OR VISITING VLADTV ("Website"), OR SUBMITTING CONTENT TO
THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the
"Terms & Conditions") for the benefit of VLADtv and its officers,
directors, shareholders, employees, agents, affiliates, successors and assigns.
These Terms & Conditions apply to all users of the Website. If you do not
agree to these Terms & Conditions, then please do not use the Website.
2. Links. The Website may contain links to third party websites that are not owned or controlled
by VLADtv. VLADtv is not affiliated with those websites, has no control over,
and assumes no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, VLADtv will not and cannot censor or
edit the content of any third-party site. For advertisements, we hold the right
to reject or request changes for any advertisements on VLADtv for any reason.
By using the Website, you expressly release VLADtv 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 Website and to read the terms and conditions
and privacy policy of each other website that you visit.
3. Website Access. VLADtv hereby grants you permission to use the Website,
provided that: (i) your use of the Website is solely for your personal,
noncommercial use; (ii) you will not copy, distribute or modify any part of the
Website without VLADtv's prior written authorization; (iii) you will not send
unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you
will not transmit any Content which contains software viruses, or other harmful
computer code, files or programs; (v) you will not disrupt servers or networks
connected to the Website; and (vi) you comply with these Terms &
Conditions. In order to access some features of the Website, you will have to
create an account. You may never use another's account without permission. When
creating your account, you must provide accurate and complete information. You
are solely responsible for the activity that occurs on your account, and you
must keep your account password secure. You must notify VLADtv immediately of
any breach of security or unauthorized use of your account. You will be liable
for any use made of your account or password and the losses of VLADtv or others
due to such unauthorized use. VLADtv will not be liable for your losses caused
by any unauthorized use of your account. You agree not to use or launch any
automated system, including without limitation, "robots,"
"spiders," and "offline readers," that accesses the Website
in a manner that sends more request messages to the VLADtv servers in a given
period of time than a human can reasonably produce in the same period by using
a conventional on-line web browser. VLADtv grants the operators of public
search engines permission to use spiders to copy materials from the Website for
the sole purpose of creating publicly available searchable indices of the
materials, but not caches or archives of such materials. VLADtv reserves the
right to revoke these exceptions either generally or in specific cases. You
agree not to collect or harvest any personally identifiable information,
including account names or e-mail addresses,
from the Website, nor to use the communication systems provided by the Website
for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their User
Submissions (as defined below). VLADtv has the right to terminate your access
to the Website, in its sole discretion, immediately and with or without cause.
4. Limitation of Liability. IN NO EVENT SHALL VLADtv, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR
WEBSITE, (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, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR 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 VLADtv IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT VLADtv SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5. Indemnity. The Website may contain links to third party websites that are
not owned or controlled by VLADtv. VLADtv is not affiliated with those
websites, has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites. In addition, VLADtv
will not and cannot censor or edit the content of any third-party site. For
advertisements, we hold the right to reject or request changes for any
advertisements on VLADtv for any reason. By using the Website, you expressly
release VLADtv 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 Website and to read the terms and conditions and privacy policy of
each other website that you visit.
6. Ability to Accept Terms & Conditions. You affirm that you are either
more than 18 years of age or possess legal parental or guardian consent to
enter into these Terms & Conditions, and to comply with these Terms of Use.
In any case, you affirm that you are over the age of 13, as the Website is not
intended for children under 13. If you are under 13 years of age, then please
do not use the Website-there are lots of other great web sites for you. Talk to
your parents about what sites are appropriate for you.
7. Assignment. These Terms & Conditions, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by VLADtv without restriction.
8.Site not Intended for Children. Please note that because end users can post
Content through the Site without VLADtv's approval, 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 displaying on your Web browser. VLADtv does not and
cannot endorse the quality and capabilities of such services.
9. No Pre-Screening or Regular Screening of Content. You acknowledge that
VLADtv does not pre-screen Content, but agree that VLADtv shall have the right
(but not the obligation) to access, re-arrange, modify and remove or restrict
access to any Content on the Site in its sole discretion and without notice or
compensation. Without limiting the foregoing, VLADtv shall have the right to
access and remove or restrict access to any Content that violates this
Agreement
10. DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT THE SITE 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,
VLADtv.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING, NEITHER VLADtv 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; AND (vi) THAT THE SOFTWARE BEHIND THE SITE IS NON-INFRINGING.
VLADtv AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE
VLADtv 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 VLADtv 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. THIS WEB SITE
IS BASED IN LOS ANGELES, CALIFORNIA. VLADtv 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. IF YOU ACCESS THE SITE FROM OUTSIDE OF THE
UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE
WITH THE LAWS OF YOUR JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO
JURISDICTION
11. Your Indemnification of VLADtv. You agree to hold harmless, defend, and
indemnify VLADtv, its officers, directors, employees, subsidiaries,
contractors, subcontractors, suppliers, agents, partners and affiliates,
successors and assigns from all liabilities, claims, demands and expenses, including
attorneys' fees, that are due to, or that arise from your use or misuse of the
Site and/or Site, or for infringement by you of intellectual property rights or
other right of any third party. We 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
12. Registration. In consideration of your use of the Site, you agree to
provide true, accurate and complete information about yourself as prompted by
the Site registration or ordering process, provided that in connection with
registration, you do not need to, and should not, use your full or true name
for your username. 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.
13.Limited License To Site. You are granted the limited right to view and use
the Site only for the purposes of viewing or playing content such as films or
games, placing product orders or for accessing information and services. We
reserve the right to suspend or deny, in its sole discretion, your access to
all or any portion of the Site. If you violate these Terms, we may terminate or
cancel your access rights to the Site immediately without notice. We may also
block your use of the Site. We reserve the right at any time to modify or
discontinue the Site or any part thereof and you agree that we shall not be
liable to you or to any third party for any modification, suspension, or
discontinuance of the Site or any part thereof. This license is limited to
personal and non-commercial uses by you. Any rights not expressly granted to
you herein are reserved to us. 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. Unless you have received specific written permission from us, you
may not (a) "frame" or otherwise impose editorial comment, commercial
material or any information or content on, or in proximity to, content
displayed on the Site or (b) alter or modify any content on the Site. Without
limiting other restrictions, you agree not to reproduce, transmit, sell, or
otherwise exploit the Site for any commercial purpose. Please be aware that we
have created or may create in the future certain areas on the Site that contain
adult or mature content. You must be at least 18 years of age to access and
view such areas. The Site may allow users to upload, post, and/or distribute
user submitted content, and use of the Site for this purpose is subject to the
following conditions: * 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 ("Materials") that are transmitted to or via the Site are the
sole responsibility of the person from which the Materials originated. This
means you, and not us, are entirely responsible for the Materials you transmit
through the Site. Further, you understand that by using the Site you may be
exposed to Materials that are offensive, objectionable or indecent. * You shall
not create a user name or screen name or upload to, distribute through or
otherwise publish through the Site any Materials which are 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 shall not
upload to, distribute through or otherwise publish through the Site any
Materials that contain viruses or any other computer code, corrupt files or
programs designed to interrupt, destroy or limit the functionality or disrupt
any software, hardware, telecommunications,
networks, servers or other equipment. * You shall not act in a manner that
negatively affects other users. ability to interact with the Site. * You shall
not collect or store personal data about other users. You acknowledge that we
do not pre-screen any Materials posted by you or other users, but that we and
our designees shall have the right (but not the obligation) in our sole
discretion to refuse or remove any Materials. Without limiting any of our
rights, we and our designees shall have the right to remove any Materials that
violate the Terms or are otherwise objectionable, as well as terminate your
access to the Site. You agree that we have no liability or responsibility for
the storage or deletion of any Materials that you or any other persons submit
or post. We reserve the right to change these general practices and limits at
any time in our sole discretion. Unless you enter into a separate agreement
with us, such as through the Contest, we do not claim ownership in Materials
you submit, however, by submitting Materials in any form to us, in addition to
other provisions of the Terms, you automatically grant Hot in Here, Inc., a New
Jersey corporation, and its successors, assigns, and licensees and parent,
subsidiary and other affiliated entities, an exclusive, fully-paid, world-wide,
royalty-free license to publicly display, publicly perform, distribute, and
reproduce the Materials 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 two-way transmission control protocol /
internet protocol (TCP/IP) based distribution 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. You obtain no rights in any form, media, or technology incorporating
the Materials.
14. International. Use Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and acceptable
Materials. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the
country in which you reside.
15. Assumption And Risks. YOU ASSUME ALL RISKS THAT THE WEBSITE, APPLICATIONS,
AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL 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.
16. No Incidental, Consequential Or Certain Other Damages. TO THE MAXIMUM
EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR
AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR
INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY
OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD
FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE
WEBSITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE
EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


