Hottest Bod in the World Site Terms and Conditions of Use Agreement
1. Description of Service, Acceptance of Terms, Modification
dotbox, LLC (“Company”) provides users (“Users”) of the Hottest Bod in the World Contest website (the “Site”) with a platform for social networking, participating in and casting votes in the Hottest Bod in the World Contest (the “Contest”) and other features, functions or services (collectively, the “Service”). Much of the Site and the Services are only available to Users who become members (“Members”). To become a Member, you must provide Company with certain personal information and create an account.
This Terms and Conditions of Use Agreement (the “Agreement”) sets out the legally binding terms between you and Company. By visiting or using the Service, you are agreeing to this Agreement. Please read these terms and conditions carefully, as they form the agreement between you and Company. If you do not agree to these terms and conditions, you may not use the service. This Agreement applies to all Users of the Service, including Users who submit any content, information or other materials on the Service. If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of the Agreement. Company may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service.
IF ANY OF THESE RULES ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
Company may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
In addition, when using particular Company services, you and Company shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, Company may offer other services from time to time that are governed by different terms of service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Company properties, shall be subject to this Agreement.
2. The Service
Accessing the Site
All Users may browse the Site, including other Users’ profiles, photos and videos.
Messaging
Members may send email messages to other Members via the Service.
Contest Related Activities
All Users may rate the profiles of Members participating as contestants in the Contest (“Contestants”). Members not participating in the Contest as Contestants may take part in Contest voting activities. Members eligible to become Contestants may take part in Contest activities as described under the Contest Official Rules.
ANY ATTEMPT BY A USER, MEMBER, CONTESTENT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Referrals
Users may invite other people to join the Service. Users may elect to allow the Company to search User’s address book or social networking contact lists in order to obtain email addresses and recommend the service to other potential users. By providing the Service with access to User’s email account and password, User agrees that Company may retrieve email addresses from User’s email account and address book to invite new users to join the Service. Company agrees that it will not retain User’s email account password and will not contact anyone without your permission, as set forth in our Privacy Policy.
3. Privacy
Your privacy is very important to Company. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.
4. Intellectual Property
As between you and the Company, the Company is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Service and the Service, including all associated software, logos, text, and graphics, and including User Content (defined below). You agree not to use any Company intellectual property without Company’s prior permission.
5. License and Service Access
Company grants you a limited license to access and make personal use of the Site and the Service. You agree not to download (other than page caching) or modify the Service, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Service, the Service, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Service is for the personal use of Users only and may not be used for any commercial endeavors except those may be specifically endorsed or approved by the management of Company from time to time. Illegal and/or unauthorized use of the Service or Service, including collecting membernames, email addresses or User Content of other Users by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Service or other illegal purposes will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posts or accounts without notice and may result in termination of membership privileges. Company will take appropriate legal action for any illegal or unauthorized use of the Service or the Service. The Service, Service, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, text, page layout, or form) of Company and our affiliates or other Users without express written consent, except as otherwise provided and made available through the Service or the Service. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Company so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may use the Company logo or other proprietary graphic or trademark of Company as part of the link, subject to Company’s usage requirements and Company’s right to revoke such permission in its sole discretion.
6. Account, Password, Security
a) You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur under your account. You agree to immediately notify Company of any unauthorized use of your account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
b) You agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Membership Data”). If you do not, or Company has reasonable grounds to suspect that you have not, Company has the right to suspend or terminate your account and refuse any and all current or future us of the Service. Membership Data and certain other information about you are subject to our Privacy Policy.
c) Company reserves the right to approve any Membership application at any time for any reason with any conditions at the sole discretion of Company. Company reserves the right to terminate any Member account at any time for any reason with any conditions at the sole discretion of Company.
7. International
You agree to not use the Service or export any portion of the Service, including the User Content (defined below) in violation of U.S. export regulations. You are responsible for adhering to all relevant local and national laws wherever you are.
8. Uploaded Content
Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish, exchange, or display on the Service or through the Service and any such content that you provide or make available to other Users through the Service (collectively, “User Content”). You are responsible for all User Content, as set forth below.
Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and Company assumes no responsibility or liability for this material. User Content is intended for entertainment purposes only.
Company reserves the right, in its sole discretion, to reject, refuse to post or remove or modify any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Service and/or the Service at any time, for any or no reason, with or without prior notice, and without liability.
User Content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not impersonate any person or entity, or otherwise mislead as to the origin of any User Content. Company has the right but not the obligation to remove or edit User Content, but does not regularly review User Content. Company takes no responsibility and assumes no liability for any User Content.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Service and the Service. Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Service or Service and terminating the membership of such violators. Prohibited User Content includes content or interactions with other users that:
9. Conduct
a) You agree to abide by the terms of this Agreement, and to not use the Service to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Service; (ii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (iii) collect or store personal data about other Users; (iv) harass, abuse, or harm another person, or (v) in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
b) Without limiting other remedies, Company and its affiliates may immediately warn Users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Service to you if: (i) you breach this Agreement or the documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Users. Your membership will be terminated and you will be denied access to the Service if you breach this Agreement or any other agreement between you and Company in any way.
c) You are solely responsible for your interactions with other Users of the Service. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
10. Use & Storage
You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by or made available through the Service, the maximum disk space that will be allotted on Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Company has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Service. You acknowledge that Company reserves the right to cancel accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. Third-Party Content, Links and Syndication
Company is not responsible for any User Content, third-party content, syndicated content, services, application program interfaces, advertisements, and/or links that may be contained in the Site or the Service. The Service may contain links or references to third party websites and services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Service, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Company has no control over third-party websites, application program interfaces, services or resources, and as such, you acknowledge and agree that Company is not responsible for their availability, reliability, or functionality, and does not endorse and is not responsible or liable for any third-party content, application program interfaces, services, advertising, products, or other materials on or available from such websites, services or resources. Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content or User Content on the Service or as a result of the failure of such third-party services, resources, or content to function as intended.
12. Termination
Company may terminate this Agreement at any time for any reason. Sections 3, 7, 12, 13, 14, 15, 16, 17 and 18 shall continue in full force and effect upon any termination of this Agreement.
13. Representations & Warranties
a) You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all prior owners of any right, title and interest in and to any User Content you post, submit, transfer or link to.
b) You represent and warrant that you are either (i) more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein or (ii) between 16 and 18 years of age and have acquired parental or guardian consent before using the Service. If you are under 16 years of age, then please do not use the Service. Your membership or access to the Service and Service may be deleted or blocked without warning if it is found that you are misrepresenting your age. Your membership is solely for your personal use, and you shall not authorize others to use your account.
c) You represent and warrant that you are solely responsible for all User Content which is posted, uploaded, published or displayed through your User account, including any messages, and for your interactions with other Users. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You agree that any submission or User Content provided by you in connection with Company, the Service, or the Service is owned by Company, and you agree that Company shall be free to use, disseminate or sell the User Content submitted for any purpose. In connection with User Content, you affirm, represent, and/or warrant that you shall comply with the following code of conduct “Code of Conduct”:
(i) no User Content or any use thereof by Company shall defame any third party or infringe upon or violate any other rights of any third party, including without limitation, any patent, trademark, copyright, trade secret right, contractual right, right of publicity or right of privacy;
(ii) you own or have the necessary licenses, rights, consents, and permissions to transfer to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content in the manner contemplated by these Terms of Use; and
(iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or any likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms of Use.
d) You represent and warrant that you shall not act in any manner or post or upload any User Content, that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
e) You represent and warrant that your use of the Service and Service shall be in compliance with any applicable laws, rules and regulations of any governmental authority.
f) You represent and warrant that you will not use the Service to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment.
14. Disclaimer
The views expressed on the Service or through the Service are not the views of Company. You acknowledge that any reliance on any opinion, advice, statement, or information available on the Service or the Service is at your sole risk. The Service and the Service contain views, opinions, statements, and recommendations of Users, and Company does not represent or endorse the accuracy, correctness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service or the Service. Company makes no warranty as to the quality, accuracy, completeness, and validity of any materials on the Service or the Service and does not warrant that the functions contained on the Service will be uninterrupted or error-free, or that defects will be corrected.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONTENT OR PERSONAL INFORMATION THAT YOU DISCLOSE TO OTHER USERS OF THE SERVICE OR THAT IS DISCLOSED TO YOU, OR ANY MEETINGS WITH ANY PERSONS THAT MAY RESULT FROM THE USE OF THE SERVICE.
FURTHER, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. YOU WILL NOT HOLD COMPANY AND/OR THE COMPANY ENTITIES RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU USING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO COMPANY AND/OR THE COMPANY ENTITIES AS APPLICABLE. COMPANY AND THE COMPANY ENTITIES DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE.
15. Indemnification, Limited Liability
a) You hereby indemnify and hold harmless, and upon Company’s request, defend, Company its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (ii) any allegation that any User Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or Company’s or any User’s use thereof violates or infringes the rights of another party. You will reimburse Company and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 14, provided that Company attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. Company shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Company’s request. Company shall have the right, at its expense, to participate in the defense thereof under your direction.
b) EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 14(a), AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES IN SECTION 12, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
16. Applicable Law
This Agreement and the relationship between you and Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the State and County of New York.
17. Notice
Company will provide notices of changes to this Agreement or the Privacy Policy by displaying notices or links to notices to you generally on the Service. Except as explicitly stated otherwise, any notices to Company shall be sent by certified mail, return receipt requested, to dotbox, LLC, 29 W. 17th street, 5th floor, New York, NY 10011, Attn: Legal. Notice shall be deemed given three (3) days after the date of mailing.
18. Copyright Infringement
Company respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s copyright agent with the following information (“Notice”): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Service; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to Company at:
dotbox, LLC
Copyright Agent
29 W. 17th Street
5th floor
New York, NY 10011
phone: (212) 937-4177
fax: (646) 349-2690
email: copyright@dotboxideas.com
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed.
19. Removal of Information
While we do not and cannot review every Message sent by users of the Service, and we are not responsible for any User Content, we reserve the right, but are not obligated, to delete or move content including without limitation, profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may record to the Service or send to the Users of the Service. If you want to report offensive material or inappropriate activity you may send an e-mail to HottestBodInTheWorld@dotboxideas.com, RE: Inappropriate Activity .
20. General
a) This Agreement along with the Privacy Policy and any additional terms, rules or regulations posted on the Service constitute the entire agreement between you and Company and govern your use of the Service, superceding any prior agreements between you and Company.
b) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
c) The section titles in this Agreement are for convenience only and have no legal or contractual effect.
d) Disclosure and Other Communication. We reserve the right to send you messages through the Service, for the purpose of informing you of issues, changes or additions to the Service. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. Company shall serve notices related to this contract by posting them on the Website or by sending them to the postal address or e-mail address you have given to Company. Notices posted on the Website or sent by e-mail shall be deemed received on the weekday following the day when they were posted or sent.
e) Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
f) Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
g) Assignment And Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.
h) Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Company. The remedies of Company under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
21. Complaints
If you have any comments or complaints regarding the Service, please contact Customer Support at HottestBodInTheWorld@dotboxideas.com, RE: Customer Service.