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Terms of Use

HotChalk’s Terms of Use

BINDING EFFECT

This is a binding agreement. By using the Internet site located at *.hotchalk.com (the ‘Site’) or any services provided in connection with the Site (the ‘Service’), you agree to abide by these Terms of Use, as they may be amended by HotChalk, Inc. (‘Company’) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD. CHILDREN UNDER 13 MUST OBTAIN PARENTAL PERMISSION TO USE THE SITE OR SERVICE. Please see our Privacy Statement regarding the Privacy of Children under 13. Company and any of its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for or incur any liability for any user under the age of 13 or any adult responsible for such a user.

USER ACCOUNT

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You agree that you are entirely responsible for maintaining the confidentiality of your username, password and any personal information, and Company and any of its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss related to any lost, stolen or otherwise misappropriated username or password. You may not use the account, username, or password of anyone else at any time, unless you are authorized to do so by such another user and Company. You agree to notify Company immediately on any unauthorized use, theft or misappropriation of your account, username, or password. Company shall not be liable for any loss that you incur as a result of someone else using your username, password, or any other personal information either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

USE OF SOFTWARE

Company may make certain software available to you from the Site. If you use the software from the Site, you agree that the software, including all files and images contained in or generated by the software, and accompanying data (collectively, ‘Software’) is for your personal and non-commercial use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Software. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you agree not to copy or use them in any manner.

USER CONTENT

You grant Company a license to use the materials you post to the Site or Service. By any posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (‘User Content’) to the Site or Service by you or at your direction, you are granting Company, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, ‘Content’) in violation of any third partyÂ’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding intellectual property ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your username or password. You agree that the burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) is in anyway unlawful or offensive. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers, and you agree to allow the company to retain the right to do so. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws and you agree to aid Company in its efforts to cooperate with such law enforcement officials.

COPYRIGHT INFRINGEMENT

Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service, and you agree to cooperate with these procedures. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service to user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you agree to provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (g) any information or authorization required to enforce such procedures. For this notification to be effective, you must provide it to Company’s designated contact at:

HotChalk, Inc.
Customer Service – Copyright
1999 S. Bascom Avenue, Suite 1020
Campbell, CA 95008
E-mail: customerservice@hotchalk.com

ALLEGED VIOLATIONS

Company reserves the right to terminate your use of the Service and/or the Site and you agree to allow Company to terminate your use at Company’s sole discretion. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service, and you agree to give Company full access to your account and all information and records related thereto without your authorization and without any claim to privacy or other rights to such account and related information and records. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

NO WARRANTIES

Company hereby disclaims all warranties. Company is making the site available ‘as is’ without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of any intellectual property rights. Company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.

LIMITED LIABILITY

Company’s liability to you is limited to the minimum extent permitted by law. In no event shall company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data that may occur regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by company.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

AFFILIATED AND NON-AFFILIATED THIRD PARTY SITES

Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees and you agree that no guarantee toward you exists about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content. Also, Company has no control over and assumes no liability for safety procedures and features of other websites or materials, and Company makes no guarantees and you agree that no guarantee toward you exists about the safety of such websites with respect to your use of such websites in connection with CompanyÂ’s Site or other material including but not limited to safety procedures or features of such websites or materials resulting in any direct or indirect virus attacks, spamming, or any breaches or violations of security features of Company’s site, any other site, or any email accounts utilized by user.

PROHIBITED USES

Company imposes certain restrictions on your permissible use of the Site and the Service and you agree to abide by such restrictions in any use of your account by you or anyone you wrongfully authorize or intentionally or unintentionally allow to use your account. You are prohibited from and agree to refrain from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, ‘flooding,’ ‘spamming,’ ‘mail bombing,’ or ‘crashing;’ (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY

You agree to indemnify Company for any of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand of which it becomes aware, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost, but only to the extent that such assistance is required to protect the interests of Company as determined by Company.

COPYRIGHT

All contents of Site or Service are: Copyright © 2004-2011 HotChalk, Inc., 1999 S. Bascom Avenue, Suite 1020, Campbell, CA 95008, www.hotchalk.com. All rights reserved.

INFORMATION COLLECTION PRACTICES

You agree that company may track, collect, compile, analyze, disseminate or otherwise use or cause to be used any information related to any use of its Site in connection with your username and password.

a) TYPES OF INFORMATION COLLECTED

i) TRAFFIC DATA COLLECTED

You agree to allow Company to automatically track, collect, compile, analyze, disseminate or otherwise use the following categories of information when you use the Company network: [(1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively 'Traffic Data')]. Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Company network. You also agree to allow Company to use ‘cookies’ to customize content specific to your interests, and to store your password for your convenience so you do not have to re-enter it each time you use the network.
ii) PERSONAL INFORMATION COLLECTED

In order for you to access the site, Company requires you to and you agree to provide us with certain information that personally identifies you (‘Personal Information’). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); and (2) Demographic Data (such as your zip code, age, and gender). If you communicate with Company by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, or surveys, any information provided in such communication may be collected as Personal Information.
b) USES OF INFORMATION COLLECTED

i) COMPANY USE OF INFORMATION

You agree to allow Company to use Contact Data to send you information about our company or our products or services or to contact you when necessary. You agree to allow Company to use your Demographic Data to customize and tailor your experience on the network, displaying content that we think you might be interested in and according to your preferences. Upon termination of these Terms of Use, you agree that Company will have the right to retain all Contact Data and Demographic Data obtained during the term.
ii) SHARING OF PERSONAL INFORMATION

You agree to allow Company to share certain categories of information we collect from you in the ways described in these Terms of Use. You agree to allow Company to share Demographic Data with advertisers and other third parties. You agree that Company may share Contact Data and Demographic Data with our affiliates, business partners officers, directors, employees, consultants, agents, and representatives who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Network. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in these Terms of Use, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to Company. COMPANY WILL NOT SHARE CONTACT DATA WITH OTHER COMPANIES WHO MAY WANT TO SEND YOU INFORMATION ABOUT THEIR PRODUCTS OR SERVICES WITHOUT YOUR PRIOR AUTHORIZATION.

For more information on our privacy policy, please visit this link.

GOVERNING LAW

These Terms of Use shall be construed in accordance with and governed by the Federal laws of the United States and the laws of the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco, California, USA arising out of or related to the use of the Site or Service.

SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, logos, patents, copyrights or any other intellectual property owned by Company or by any third party.

MODIFICATIONS

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

ACKNOWLEDGMENT

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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