tilashotspotdating.com terms and conditions
TilasHotSpotDating.com is intended to be used by users 18 years age or older and does not knowingly collect personally identifiable information from persons under 18. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at thsdsupport@gmail.com. If we become aware that anyone under 18 has provided us with Personal Information, we will delete such information from our files.
Tila's Hot Spot Dating Terms and Conditions
This agreement sets forth the terms and conditions which apply to the use by you of the Tila's Hot Spot Dating Sites (as defined below) and product or service offered for sale by Tila's Hot Spot Dating and/or its affiliates (collectively, "THSD"). The right to use any product or service offered by THSD is personal to you and is not transferable to any other person or entity. THSD reserves the right to make changes to the THSD Sites, policies, and these Terms of Use at any time without notice.
1. Definitions.
The "THSD Sites" shall mean all areas and any subscription products and services offered or available on the interactive online service operated by THSD and/or its affiliates on the World Wide Web. The THSD Sites consist of information services and content provided by THSD and/or its affiliates and/or third parties.
2. General.
THSD shall have the right at any time and from time to time to change or discontinue any aspect or feature of theTHSD Sites including, but not limited to, the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately without further notice thereof. Amendments to the terms and conditions contained herein may be given by means including but not limited to, posting on the THSD Sites a revised version of this Agreement or notification by electronic mail. Any use by you of the THSD Sites after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
3. Use of the THSD Sites.
A. The THSD Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the THSD Sites are copyrighted as a collective work under the United States copyright laws. THSD is the owner of the copyright in the entire THSD Sites. THSD owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the THSD Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the THSD Sites without the express permission of THSD and, if applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the THSD Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
B. You hereby grant to THSD and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, or information sent by you to THSD (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
C. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
D. You shall provide THSD with accurate, complete and updated information provided by you at the time of registration.
E. The THSD Sites contain links to other Web sites, resources and advertisers. THSD is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall THSD be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
F. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the THSD Sites and all charges related thereto.
G. You agree not to take any action to interfere with the function or accessibility of the THSD Site or to take any action to restrict the access of others thereto.
H. The foregoing provisions of this Section 3 are for the benefit of THSD, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
I. THSD has carefully designed the THSD Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the THSD Sites in any way that interferes with that purpose. In particular, THSD prohibits any party from displaying the content on the THSD Sites in any format where third party advertising or other materials that THSD did not authorize in writing is viewed or viewable together with THSD’s proprietary content.
4. Products; Subscription Program.
A. Monthly Program Products. Certain products offered by THSD consist of a subscription program. The following terms and conditions shall apply in the event that you order any product that is part of a subscription program offered by THSD on the THSD Sites (a "Subscription Program").
B. Changed Terms. THSD shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your participation in the Subscription Program or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the THSD Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your subscription to the Subscription Program as provided in subsection D below. Any acceptance of a product in a Subscription Program by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
C. Termination. Either you or THSD may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of THSD in operating the THSD Sites, (ii) products available or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending written notice to THSD, P.O. Box 150, Hollywood, CA 90078 or by emailing us at: admin@tilashotspotdating.com. Notice of termination will be effective upon receipt by THSD. Without limiting the foregoing, THSD shall have the right to immediately terminate this Agreement with respect to any user which THSD, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 5, 6, 7, 8, and 9 of this Agreement shall survive termination of this Agreement.
D. All Products. With respect to products and services offered for sale by THSD and third parties or through the THSD Sites (including Subscription Program products): additional terms, including but not limited to pricing, methods of payment, credit-card information, sales tax, return and refund policies and applicable privacy policies, may be set forth on the screen where you make the purchase. All orders are subject to availability of products and acceptance of orders by THSD. THSD reserves the right to reject any order and to limit quantities. THSD does not warrant that product descriptions, prices or other content on the THSD Sites is accurate, complete, reliable, current or error-free. THSD has no obligation to honor incorrect pricing or other information, whether resulting from typographical errors or otherwise. If a product offered on a THSD Site is not as described, the sole remedy is to return it for a refund.
E. Refunds. You may resign your subscription at any time by visiting the web site of the billing partner that you signed up with. The information is provided on your email receipt. When you resign, your billing stops immediately, and no new charges will be billed to you unless you re-instate your subscription. You will continue to have access to your account for the remainder of your subscription period and you will not receive a refund. In the event that THSD terminates your account for violation of the Terms of Use your account will be immediately inaccessible and you will not receive a refund.
5. Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE THSD SITES IS AT YOUR SOLE RISK. NEITHER THSD, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE THSD SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE THSD SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES.
A. THE THSD SITES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
B. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 4 APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THSD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
C. IN NO EVENT WILL THSD OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE THSD SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE THSD SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE THSD SITES. THSD’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO THSD.
D. THSD NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE THSD SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY. UNDER NO CIRCUMSTANCES WILL THSD BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE THSD SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE THSD SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
E. THSD DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE THSD SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH THSD PRODUCTS OR SERVICES) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THSD MAKES PRODUCTS OR SERVICES AVAILABLE ON THE THSD SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
6. Indemnification.
You agree to defend, indemnify and hold harmless THSD, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the THSD Sites, including claims by other users of your equipment, access or membership.
7. Termination.
THSD shall have the right to immediately terminate this Agreement with respect to any user which THSD, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 4, 5, 6, 7, 8, and 9 shall survive termination of this Agreement.
8. Trademarks.
All materials on THSD, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to THSD or owned by other parties who have posted on THSD. Materials from THSD and from any other web site owned, operated, controlled, or licensed by THSD may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
9. Miscellaneous
This Agreement and any operating rules for the THSD Sites established by THSD constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. Any dispute arising under or relating to this Agreement or any THSD Sites shall be brought in state or federal courts in Los Angeles, California, and you hereby irrevocably consent to the jurisdiction of such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
11. Submissions
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, live video streams, content, data and other information that you transmit to THSD through tilashotspotdating.com (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to THSD, you hereby grant THSD and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of tilashotspotdating.com and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the THSD on the Website and/or in this Agreement.
Any Submission you provide to THSD will be deemed public information and not subject to any confidentiality obligation and THSD shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, THSD Privacy Policy shall govern THSD use of such information.
By making a Submission, you waive the right to make any claim against THSD or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for THSD, or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize THSD to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
12. Participation Disclaimer
THSD does not and cannot review all Submissions posted to or created by users accessing tilashotspotdating.com, and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through tilashotspotdating.com, THSD is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users' activities. THSD and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content. THSD and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, THSD reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to THSD in its sole discretion.
13. Our Policy Toward Minors
TilasHotSpotDating.com is intended to be used by users 18 years age or older and does not knowingly collect personally identifiable information from persons under 18. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@tilashotspotdating.com. If we become aware that anyone under 18 has provided us with Personal Information, we will delete such information from our files.