1. Eligibility and Registration
You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Hotpot TV reserves the right to require you to change your username for any reason and may do so at anytime.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Hotpot TV account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Hotpot TV account, whether or not you have authorized such activities or actions. You agree to immediately notify Hotpot TV of any unauthorized use of your username, password or Hotpot TV account.
2. Use of Hotpot TV by Minors and Blocked Persons
The Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. The Services are also not available to any users previously removed from the Services by Hotpot TV. Finally, the Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or any other applicable jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE SERVICES.
3. Access to Certain Content: Fees and Billing
Hotpot TV Members may be able to access and/or purchase Hotpot TV Content (as defined below) through the Site or Services in a few different ways including: (i) Hotpot TV Members can pay a monthly membership fee to view certain Hotpot TV Content for the applicable time period ("Membership Fee"); or (ii) Hotpot TV Members may initially sign-up for a free trial and then convert such free trial to a membership to view Hotpot TV Content via a Membership Fee. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO PRORATED REFUNDS OF ANY FEES UPON ANY TERMINATION OR CANCELLATION. Fees are refundable in Hotpot TV's sole discretion. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any). You hereby authorize Hotpot TV to collect fees by charging the credit card you provide to us as part of your Hotpot TV account information, either directly or indirectly via a third party online payment service, such as PayPal ("Payment Method").
Your access to Hotpot TV Content may start with a free trial. The free trial period of your membership lasts for seven (14) days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Hotpot TV reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly Membership Fee at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including the monthly Membership Fee, visit the Site and click on the "Your Account" link available at the top of the pages of the Site. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
By starting your Hotpot TV membership and providing or designating a Payment Method, you authorize us to charge you a monthly Membership Fee at the then current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a channel or bundle, and you authorize us to charge your Payment Method for such varying amounts, which will be billed monthly in one or more charges.
You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
You may cancel your Hotpot TV membership at any time, and you will continue to have access to the Site and/or Services through the end of your monthly billing period. If you cancel your membership, your account will automatically close at the end of your current billing period.
4. Proprietary Rights and Licenses
(a) Definitions. Certain content and materials are made available through the Site and Services, including the following:
- "Hotpot TV Content" means, collectively, the text, data, graphics, images, Hotpot TV trademarks and logos and other content (including Licensed Content) made available through the Site and Services, excluding User Submissions.
- "Licensed Content" means any content (including any audio or video content) provided to Hotpot TV by its third party content partners (which may include Hotpot TV Content or "download to own" content) made available through the Site and Services.
- "User Submissions" means, collectively, the text, data, communications, bulletin board messages, chat, graphics, images, photos, audio or video files and other content and information which Hotpot TV Members post, upload and otherwise submit to the Site or Services.
(b) User Submissions. You retain all rights in your User Submissions. However, by uploading, posting, submitting or otherwise transmitting any User Submissions on or to the Site or Services, you hereby grant to Hotpot TV a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit your User Submissions in connection with the Services and Hotpot TV's (and its successors) business including, without limitation, for promotion and redistributing part or all of the Services (and derivative works thereof), in any media formats and through any media channels. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Hotpot TV. You acknowledge and agree that your posting of User Submissions will comply with our Copyright and IP Policy as set forth in Section 5 below.
You acknowledge and agree that Hotpot TV may, at its option, reclassify or recatergorize any User Submissions and establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that may be allotted to you for the storage of User Submissions on Hotpot TV's servers. Hotpot TV will have no responsibility or liability for maintaining copies of User Submissions on our servers, and you are solely responsible for creating back-ups of your User Submissions.
(c) Hotpot TV Content. Hotpot TV and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, Hotpot TV Content and any other content made available through the Site or Services contained therein, other than your User Submissions. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Hotpot TV Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, Hotpot TV Content or any other content made available through the Site or Services (other than your User Submissions). All rights in Hotpot TV Content are reserved. For the avoidance of doubt with respect to any Hotpot TV Content that you purchase or access via the Site or Service, such content is only made available for personal and non-commercial purposes. The delivery of any Hotpot TV Content to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in the content.
(d) Disclaimer. Hotpot TV does not guarantee that any content (including without limitation Hotpot TV Content or User Submissions) will be made available through the Site or Services, continuously or at all. WHILE HOTPOT TV IS UNDER NO OBLIGATION TO DO SO, HOTPOT TV RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON HOTPOT TV DEEMS SUFFICIENT. Hotpot TV does not have any obligation to monitor the User Submissions that is uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Hotpot TV Members, including, without limitation, any information obtained by using the Site or Services. Hotpot TV does not endorse any User Submissions or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hotpot TV with respect thereto.
5. Copyrighted Materials: No Infringing Use
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Hotpot TV has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the Hotpot TV Copyright and IP Policy for further information.
7. Interactions between Hotpot TV Users
8. Obligations for Hotpot TV Users
The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
- Upload, post, submit or otherwise transmit: (i) any User Submissions to which you do not have the lawful right to copy, transmit and display (including any User Submissions that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submissions for which you do not have the consent or permission of each identifiable person in the User Submissions to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submissions that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- Upload, post, submit or otherwise transmit any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of Hotpot TV;
- Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content;
- Use any meta tags or other hidden text or metadata utilizing a Hotpot TV trademark or logo, URL or product name;
- Upload, post, submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
- Upload, post, submit or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
- Upload, post, submit or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, Services or the technical delivery systems of Hotpot TV's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- Attempt to probe, scan or test the vulnerability of any Hotpot TV system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
- Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Hotpot TV or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
- Collect or store personal data about other Hotpot TV Users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
9. Sweepstakes and Contests
10. Ratings and Comments & Feedback
(b) Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at feedback[at]hotpot.tv or through the "Help" section of the Site. You acknowledge and agree that all Comments and all Feedback will be the sole and exclusive property of Hotpot TV and you hereby assign and agree to assign all rights, title and interest you have in such Comments and Feedback to Hotpot TV together with all intellectual property rights therein.
THE SITE, SERVICES, HOTPOT TV CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. HOTPOT TV EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, HOTPOT TV CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, HOTPOT TV MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, HOTPOT TV CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
14. Governing Law and Forum
Arbitration will be initiated through the American Arbitration Association ("AAA"). In the event the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules ("AAA Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Hotpot TV. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Hotpot TV for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Hotpot TV. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hotpot TV.
You and Hotpot TV waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Hotpot TV elect to have claims and disputes resolved by arbitration. In any litigation between you and Hotpot TV over whether to vacate or enforce an arbitration award, you and Hotpot TV waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
YOU AND HOTPOT TV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to unenforceable, then the entirety of this provision shall be null and void, and all claims and disputes will be resolved in a court as specified in Section 14 above.
YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Hotpot TV can force the other to arbitrate. To opt-out, you must notify Hotpot TV in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Hotpot TV account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to legal[at]hotpot.tv.
(h) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Hotpot TV.
16. Force Majeure
Hotpot TV will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Hotpot TV infrastructure or connectivity to the internet or failure at an Hotpot TV co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Hotpot TV will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Hotpot TV may reasonably require to recover from the effects of such Force Majeure Event.
17. Relationship of the Parties
18. Notice; Consent to Electronic Notice
19. Links to other Websites
The Site or Services may provide links to websites other thanhotpot.tv. Such links are provided for reference only, and Hotpot TV neither controls such websites nor endorses any of the material on any such websites or any association with their operators. Hotpot TV is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.