Refund Policy
Hot Spots Promotions's Terms of Use
Welcome to
Hot Spots Promotions. Hot Spots Promotions supports freedom of
speech, both on and off the Internet. However, the goal of this website
is to provide access to the widest selection of merchandise to the largest
group of people possible.
To insure a safe,
nonoffensive environment for all of our users, we have established our
Terms of Use. It spells out what you can expect from us and what we
expect from you.
By accessing any areas
of Hot Spots Promotions, users ("Users") agree to be legally bound
and to abide by the terms set forth below. Hot Spots Promotions is
owned and operated by Hot Spots Promotions, Inc.
Any references herein
to Hot Spots Promotions shall be deemed to refer to Hot Spots Promotions and/or Hot Spots Promotions, Inc. as applicable under the
circumstances.
I. TRADEMARKS Hot Spots Promotions is a service
mark of Hot Spots Promotions INTERNATIONAL, Inc. or its affiliates.
All rights reserved.
These and other Hot Spots Promotions graphics, logos and service
marks and trademarks of Hot Spots Promotions, Inc. and its affiliates
may not be used without prior written consent of Hot Spots Promotions,
Inc. or its affiliates, as the case may be.
All other trademarks,
product names, and company names and logos appearing on Hot Spots Promotions are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION
OF LIABILITY User expressly
agrees that use of Hot Spots Promotions is at User's sole risk.
Neither Hot Spots Promotions, nor its affiliates,
nor any of their officers, directors, or employees, agents, third-party
content providers, merchants, sponsors, licensors (collectively, "Providers"),
or the like, warrant that Hot Spots Promotions will be uninterrupted
or error-free; nor do they make any warranty as to the results that
may be obtained from the use of Hot Spots Promotions, or as to the
accuracy, reliability, or currency of any information content, service,
or merchandise provided through Hot Spots Promotions.
THIS SITE IS PROVIDED BY Hot Spots Promotions ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hot Spots Promotions MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, Hot Spots Promotions DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Hot Spots Promotions WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY Hot Spots Promotions NOR ITS AFFILIATES, NOR
ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE
LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION
OR ADVICE.
Under no circumstances shall Hot Spots Promotions
or any other party involved in creating, producing, or distributing
Hot Spots Promotions be liable for any direct, indirect, incidental,
special, or consequential damages that result from the use of or inability
to use Hot Spots Promotions, including but not limited to reliance
by a User on any information obtained from Hot Spots Promotions or
that result from mistakes, omissions, interruptions, deletion of files
or email, errors, defects, viruses, delays in operation or transmission,
or any failure of performance, whether or not resulting from acts of
God, communications failure, theft, destruction, or unauthorized access
to Hot Spots Promotions's records, programs, or services.
User hereby acknowledges
that this paragraph shall apply to all content, merchandise, and services
available through Hot Spots Promotions.
Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages,
in such states liability is limited to the fullest extent permitted
by law.
III. CONTENT a. PROPRIETARY RIGHTS User acknowledges
that Hot Spots Promotions contains information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds, and other material
(collectively "Content") that are protected by copyrights, trademarks,
trade secrets, or other proprietary rights, and that these rights are
valid and protected in all forms, media and technologies existing now
or hereinafter developed.
All Content is copyrighted
as a collective work under the U.S. copyright laws, and Hot Spots Promotions owns a copyright in the selection, coordination, arrangement,
and enhancement of such Content.
User may not modify,
remove, delete, augment, add to, publish, transmit, participate in the
transfer or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part. If no specific restrictions
are displayed, Users may make copies of select portions of the Content,
provided that the copies are made only for User's personal use and that
User maintains any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices.
Except as provided in the preceding sentence or
as permitted by the fair use privilege under the U.S. copyright laws
(see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce,
or distribute in any way Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the copyright or
other propriety right.
In addition to the
foregoing, use of any software Content shall be governed by the software
license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY
CONTENT Except as
set forth in Section III a. above,
User may upload to or otherwise distribute on Hot Spots Promotions
only Content that is not subject to any copyright or other proprietary
rights protection (collectively, "Public Content"), or Content in which
the author has given express authorization for distribution on the World
Wide Web.
Any copyrighted or
other proprietary Content distributed with the consent of a copyright
owner should contain a phrase such as "Copyright, owned by [name of
owner]; used by permission."
The unauthorized submission
or distribution of copyrighted or other proprietary Content is illegal
and could subject the User to criminal prosecution as well as personal
liability for damages in a civil suit.
User will be liable
for any damage resulting from any infringement of copyrights or proprietary
rights, or from any other harm arising from such submission.
Neither Hot Spots Promotions, nor its affiliates,
nor any of their officers, directors, employees, agents, Providers,
or the like, will be liable for any damage resulting from any infringement
of copyrights or proprietary rights, or from any other harm arising
from such User submission.
In compliance with
the Digital Millennium Copyright Act, Users and other persons can report
an infringement to Hot Spots Promotions.com.
By submitting Content
to any User-submit areas, including, without limitation, any User book
reviews or participation in any author chats, User automatically grants,
or warrants that the owner of such Content has expressly granted Hot Spots Promotions the royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, publish, translate, sublicense,
copy, and distribute the Content in whole or in part worldwide and/or
to incorporate it in other works in any form, media, or technology now
known or hereafter developed for the full term of any copyright that
may exist in such Content.
User also permits
any other User to access, store, or reproduce the Content for that User's
personal use.
Subject to this grant, the owner of Content placed
on Hot Spots Promotions retains any and all rights which may exist
in such Content.
c. THIRD-PARTY CONTENT Hot Spots Promotions is a distributor and not a publisher of Content supplied
by third parties and Users. Hot Spots Promotions has no more editorial
control over such Content than does a public library or newsstand.
Any opinions, advice,
statements, services, offers, or other information that constitutes
part of Content expressed or made available by third parties, including
Providers or any other User of Hot Spots Promotions, are those of
the respective authors or distributors and not of Hot Spots Promotions
or its affiliates or any of their officers, directors, employees, or
agents.
Neither Hot Spots Promotions nor its affiliates,
nor any of their officers, directors, employees, or agents, nor any
third party, including any Provider, or any other User of Hot Spots Promotions, guarantees the accuracy, completeness, or usefulness of any
Content, nor its merchantability or fitness for any particular purpose.
In many instances,
the Content available through Hot Spots Promotions represents the
opinions and judgments of the respective Provider, or User not under
contract with Hot Spots Promotions. Hot Spots Promotions neither
endorses nor is responsible for the accuracy or reliability of any opinion,
advice, or statement made on Hot Spots Promotions by anyone other
than authorized Hot Spots Promotions employees.
Under no circumstances shall Hot Spots Promotions,
or its affiliates, or any of their officers, directors, employees, or
agents be liable for any loss, damage or harm caused by a User's reliance
on information obtained through Hot Spots Promotions.
It is the responsibility
of User to evaluate the information, opinion, advice, or other Content
available through Hot Spots Promotions.
d. EXPORT The U.S. export
control laws regulate the export and reexport of technology originating
in the United States.
This includes the
electronic transmission of information and software to foreign countries
and to certain foreign nationals.
User agrees to abide
by these laws and their regulations -- including but not limited to
the Export Administration Act and the Arms Export Control Act and not
to transfer, by electronic transmission or otherwise, any Content derived
from Hot Spots Promotions to either a foreign national or a foreign
destination in violation of such laws.
IV. ONLINE CONDUCT User agrees
to use Hot Spots Promotions only for lawful purposes. User is prohibited
from posting on or transmitting through Hot Spots Promotions any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially, ethnically,
or otherwise objectionable material of any kind, including but not limited
to any material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law.
If Hot Spots Promotions is notified of allegedly infringing, defamatory, damaging, illegal,
or offensive Content provided by User (e.g., through an author chat
or online review), Hot Spots Promotions may investigate the allegation
and determine in its sole discretion whether to remove or request the
removal of such Content from Hot Spots Promotions. Hot Spots Promotions may disclose any Content or electronic communication of any
kind:
(i) to satisfy any
law, regulation, or government request; (ii) if such disclosure is necessary
or appropriate to operate Hot Spots Promotions; or (iii) to protect
the rights or property of Hot Spots Promotions, its Users or Providers.
Hot Spots Promotions reserves the right to prohibit conduct, communication,
or Content that it deems in its sole discretion to be harmful to individual
Users, Hot Spots Promotions, the communities that make up Hot Spots Promotions, or any rights of Hot Spots Promotions or any third
party, or to violate any applicable law.
Notwithstanding the foregoing, neither Hot Spots Promotions nor its Providers can ensure prompt removal of questionable
Content after online posting.
Accordingly, neither Hot Spots Promotions, nor
its affiliates, nor any of their officers, directors, employees, or
agents, nor Providers shall assume liability for any action or inaction
with respect to conduct, communication, or Content on Hot Spots Promotions.
V. PRIVACY POLICY In accordance
with the terms of Hot Spots Promotions's Privacy Policy. Hot Spots Promotions respects the
privacy of its Users.
VI. TERMINATION OF USAGE Hot Spots Promotions may terminate User's access, or suspend any User's access to
all or part of Hot Spots Promotions, without notice, for any conduct
that Hot Spots Promotions, in its sole discretion, believes is in
violation of any applicable law or is harmful to the interests of another
User, a third-party Provider, a service provider, or Hot Spots Promotions.
VII. USAGE BY CHILDREN UNDER 13 Hot Spots Promotions cannot prohibit minors
from visiting this site. Hot Spots Promotions must rely on parents,
guardians and those responsible for supervising children under 13 to
decide which materials are appropriate for such children to view and/or
purchase. Hot Spots Promotions requires that all purchases be made
either:
(i) by individuals
13 years of age or older, or (ii) by minors under 13 through a Hot Spots Promotions authorized affiliated program which permits parents and
other guardians to both pay for the purchases of minors, and give verifiable
permission for such minors to purchase items on our site and for the
collection by us of certain information in accordance with the terms
of our privacy policy.
EACH TIME YOU PURCHASE A PRODUCT
AT Hot Spots Promotions, YOU ARE REPRESENTING TO Hot Spots Promotions THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER,
OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A Hot Spots Promotions AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER
GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE
PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE
COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS
OF OUR PRIVACY POLICY.
VIII. APPLICABLE LAW This site is created and controlled by Hot Spots Promotions in the State of California. As such, the laws of the
State of New York will govern these disclaimers, terms and conditions,
without giving effect to any principles of conflicts of laws. Hot Spots Promotions reserves the right to make changes to its site and these
disclaimers, terms and conditions at any time.
User hereby irrevocably
and unconditionally consents to submit to the exclusive jurisdiction
of the courts of the State of California and of the United States of
America located in the State of California for any litigation arising
out of or relating to use of or purchase made through Hot Spots Promotions (and agrees not to commence any litigation relating thereto
except in such courts), waives any objection to the laying of venue
of any such litigation in the California Courts and agrees not to plead
or claim in any California Court that such litigation brought therein
has been brought in an inconvenient forum.
IX. SEVERABILITY The provisions
of these Terms of Use are intended to be severable.
If for any reason
any provision of these Terms of Use shall be held invalid or unenforceable
in whole or in part in any jurisdiction, such provision shall, as to
such jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions hereof
in any jurisdiction.
ACKNOWLEDGMENT The Terms
of Use, including all documents referenced herein, represents the entire
understanding between you and Hot Spots Promotions regarding your
relationship with Hot Spots Promotions and supersedes any prior statements
or representations.
YOU AGREE TO BE BOUND BY THE TERMS
OF USE by using the
Hot Spots Promotions website. The aforementioned Terms of Use are
subject to change.