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Terms of Use Agreement
Thank you for visiting HotBands.com (hereafter known as "Site").

This Site is maintained for your enjoyment, information, education and communication. Please feel free to browse the Site. By accessing the Site, you are subject to the following Terms of Use Agreement ("Terms of Use") and all applicable laws. Please review the Terms of Use carefully. The operator of the Site (the "Operator") may, in its sole discretion, modify or revise these Terms of Use at any time by updating this web page. Please visit this page periodically to review the Terms of Use.


1. User Representations

You agree to the terms and conditions outlined in this Terms of Use with respect to the Site.


2. Ownership

2.1 General. The Site Owner makes available for your use on the Site certain information, artwork, text, video, audio, and/or pictures (collectively, the "Materials"). You may only access and use the Materials for personal or educational purposes. You may not modify or use the Materials for any other purpose. You may not reproduce, republish, post, transmit, or distribute any Materials on the Site.

2.2 Copyright. COPYRIGHT HotBands.com LLC, 1998-2003. All rights reserved. Everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or with the written permission of the Operator. The Operator does not warrant or represent that your use of the materials displayed on the Site will not infringe the rights of third parties not owned or affiliated with the Operator.

2.3 Trademarks. The trademarks, logos, and service marks (collectively the "trademarks") displayed on the Site are registered and unregistered trademarks of the Operator and other third parties. The Operator will enforce its intellectual property rights to the fullest extent of the law.


Content and Liability Disclaimer

3.1 Liability. Your use of the Site is at your own risk. While the Operator strives to include accurate and up-to-date information in the Site, it makes no warranties or representations as to its accuracy. The Operator, as well as any other party involved in creating, producing, or delivering the Site specifically disclaim any liability or responsibility for any errors or omissions in the content of the Site. In particular, but without limiting the foregoing, the Operator, as well as any other party involved in creating, producing, or delivering the Site are NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE.

Without limiting the foregoing, everything on the Site, including, but not limited to the Materials and Services, is provided to you "AS-IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INGRINGEMENT, COMPATABILITY, SECURITY OR ACCURACY OR FREEDOM FROM COMPUTER VIRUS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

3.2 Links. The Site may contain links to third party Internet sites. The linked sites are not under the control of the Operator and it is not responsible for the content of any linked site or any link contained in a linked site. The Operator reserves the right to terminate any link or linking program at any time. The Operator does not endorse companies or products to which it links. If you decide to access any of the third party sites linked to the Site, you do so entirely at you own risk.


4. Indemnification

You agree to indemnify the Operator and its affiliates, directors, officers, employees, vendors and agents from and against any and all liabilities, expenses (including court costs and attorneys' fees), losses and other damages that are caused by, arise out of, or relate to your use of the Site, including, without limitation, any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users of the Site and infringement of intellectual property or other rights. The Operator will notify you promptly of any claim for which it seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in any manner prejudicial to the Operator's interests, as reasonably determined by the Operator.


5. Communication

5.1 For information on our Privacy Statement, click here. Any information that is disclosed in chat rooms, forums, message boards, and/or news groups becomes public information and we may collect such information about you as you choose to disclose.


6. Bulletin Boards and Chat Rooms

6.1 Interactive Zones. Through this Site, we may provide access to a wide variety of discussion forums, bulletin boards, chat areas, news groups, and/or other message or communication facilities (collectively "Interactive Zones"). Some content contained or posted in the Interactive Zones may be offensive, harmful, inaccurate, mislabeled, deceptive or otherwise inappropriate. THE OPERATOR HAS NO RESPONSIBILITY FOR SUCH CONTENT AND IS MERELY PROVIDING ACCESS TO SUCH CONTENT AS A SERVICE TO YOU. The Operator does not endorse or support any opinions expressed in the Interactive Zones, nor does it represent or guaranty the truthfulness or accuracy of any information posted in the Interactive Zones. THE OPERATOR DISCLAIMS ALL LIABILITY WITH REGARD TO THE INTERACTIVE ZONES.

6.2 Interactive Zone Rules of Conduct. You are responsible for your own communications and any consequences thereof. You may only use the Interactive Zones to send and receive messages and material that are legal, proper and related to the particular topic. In addition, you must abide by the following Rules of Conduct:

While on this Site, you may not:

  1. Impersonate another person or entity or post, publish, upload, or in any way distribute, transmit or disseminate (collectively "Post") any message anonymously or under a false name;
  2. Defame, harass, threaten, stalk, abuse or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;
  3. Post any obscene, pornographic, profane, or otherwise objectionable information or unlawful information;
  4. Post any material that infringes any patent, copyright, trademark, trade secrets ("Intellectual Property") of any party, unless you are the owner of the Intellectual Property or have the permission of the owner to post or transmit such material;
  5. Post any corrupted files, files that contain viruses or other destructive features, or any other software or programs that may corrupt of damage another party's computer;
  6. Engage in any commercial activities, including advertising or offering to sell any goods or services;
  7. P
  8. ost chain letters, pyramid schemes, surveys, contests, charity requests or petitions for signatures;
  9. Spam* (see definition below); or
  10. Interfere with, restrict or inhibit other users of this Site.

Please note that anything you post of submit in the Interactive Zones becomes the property of the Operator. You retain no copyright or other intellectual property rights with respect to such postings or submissions.

* The Operator defines "Spam" as the sending of messages, individually or en masse, to people who did not request it and or would not otherwise choose to receive it regardless of whether sent by a business, an individual or a nonprofit.

6.3 Termination of Account. The Operator may, in its sole discretion, terminate your registration if it believes you have violated any of the Rules of Conduct, or the Terms of Use.

6.4 No Obligation to Monitor. The Operator generally does not pre-screen, monitor, or edit the content posted by users of in the Interactive Zones. Further, the Operator has no obligation to monitor or control the Interactive Zones. However, the Operator and its agents have the right at their sole discretion to remove any content that, in the Operator's sole judgment, does not comply with the Rules of Conduct or is otherwise harmful, objectionable, or inaccurate. The Operator further reserves the right to take such action as it deems appropriate or necessary to comply with any applicable law or regulation, or to edit, refuse to post or remove any information, in whole in part, for any reason, at the Operator's sole discretion. The Operator is not responsible for any failure or delay in removing such content.


7. Copyright Complaints

The Operator may, in appropriate circumstances and at its sole discretion, terminate the accounts of users who infringe the copyright of others. If you believe that your work has been used or is accessible on the Site in a way that constitutes copyright infringement, you may notify the Operator by providing the Operator's copyright agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed, including the where the copyrighted work exists or a copy of the copyrighted work;
  • a description of where on the Site the material that you claim is infringing is located; your address, telephone number, and email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


  • The Operator's agent for notice of claims of copyright infringement on this Site can be reached as follows:

    By mail: HotBands.com
    PO Box 27722
    Seattle, WA 98125

    By phone: 206-322-2848
    By email: publisher@hotbands.com


    8. Applicable Law

    These Terms of Use shall be treated as though they were executed and performed in Seattle, Washington, and shall be governed and construed in accordance with the laws of the United States of America and, to the extent that state law is applicable, by the laws of the State of Washington (without regard to conflict of law principles). The language in these Terms of Use shall be interpreted in a neutral manner and in accordance with their fair meaning, and any rule of law or legal decision that would require interpretation of any ambiguities in these Terms of Use against the party that has drafted them is not applicable and is waived. All legal proceedings arising out of or in connection with these Terms of Use shall be brought solely in Seattle, Washington. You expressly submit to the jurisdiction of the federal and state courts located in Seattle, Washington, and you consent to extra-territorial service of process. The Operator and its affiliates make no warranties or representations that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.


    9. Export

    The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading any Materials, you represent that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals.


    10. Miscellaneous

    10.1 Privacy Policy. For information on our Privacy Policy, click here.

    10.2 Terms of Use Control. In the event that any term or statement elsewhere on this Site conflicts with or is contrary to these Terms of Use, these Terms of Use shall control.

    10.3 All Rights Reserved. All rights not expressly granted to you in these Terms of Use are reserved to the Operator.

    10.4 Compliance with Local Laws. You are responsible for compliance with the laws of your local jurisdiction.

    10.5 Changes to Terms of Use. The Operator may change these Terms of Use at any time by updating the Terms of Use available on the Site. A change in the Terms of Use may include, without limitation, adding to, deleting from, or amending the existing Terms of Use. Any new Terms of Use may address matters that are different than the types of matters that are then contained in the Terms of Use. You should review the Terms of Use prior to using the Site.





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