1. Your Acceptance
1.1 By using and/or visiting this website (collectively, including all Content available through the absolutehot.com (including the .info, .net, .mobi, .nl, .tv and .org versions) domain name, the "absolutehot Website", or "Website"), you signify your agreement to (1) these Terms and Conditions (the "Terms of Service"), (2) absolutehot privacy notice, If you do not agree to any of these terms, the absolutehot privacy notice, or the Community Guidelines, please do not use the absolutehot Website.
1.2 Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.absolutehot.com/terms.htm. absolutehot may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. absolutehot Accounts
2.1 In order to access some features of the Website, you will have to create a absolutehot account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify absolutehot immediately of any breach of security or unauthorized use of your account. Security contact email: security@absolutehot.com.
2.2 Although absolutehot will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of absolutehot or others due to such unauthorized use.
2.3 absolutehot regulates the communication between users mutually or between users and the absolutehot service but not as to its content. Therefore absolutehot has no or at most very little control over the quality, safety, lawfulness, integrity or accuracy of the various parts of the service. absolutehot is not liable for the acts or omissions of other users including the files, data and/or materials they make available on the absolutehot website. Therefore absolutehot does not give warranties with regard to the contents of files, data and/or materials provided by users.
3. Your conduct on the website
3.1 You will only use absolutehot for purposes which do not contravene the law. In addition, it is not allowed to perform any act which at our discretion (might) monopolize(s) our infrastructure in an unreasonable or disproportional manner; to copy, reproduce or change files, data and/or materials which are available via absolutehot or to create derivative works from it or disseminate it without our prior written explicit consent and/or of the appointed third party, as appropriate; to hinder or attempt to hinder the proper operation of absolutehot; to collect data about users of absolutehot; or to use data about users of absolutehot with the aim of sending spam or to facilitate the sending of spam; (vi) to use absolutehot for commercial purposes without the prior written consent of absolutehot.
3.2 The activities you carry out in connection with absolutehot shall not be based on falsehoods or be misleading, infringe the rights of third parties, including copyrights, neighboring rights, trademarks or any other intellectual property rights or rights with regard to privacy protection; contravene any laws, regulations, decrees or other applicable rules; contain viruses, Trojan Horses, worms, bots or other software which might damage delete or appropriate a computerised work or make data unfit for use or accessible.
3.3 You guarantee to absolutehot that you are authorized to use absolutehot and to act in accordance with these Terms and Conditions. In addition, you guarantee to absolutehot that you will fulfill the obligations under these Terms and Conditions at all times and that you will observe all legislation and regulations which apply to the use of absolutehot.
3.4 Find below a non-exhaustive listing of content which you are not allowed under any circumstances to make available via absolutehot (these being at the sole discretion of absolutehot):
- Content which is discriminatory as to appearance, race, religion, gender, culture, origin or which can otherwise be called offensive;
- which incites to violence against and/or harassment of another or others and/or;
- which leads to or is the result of exploitation or taking advantage of others and/or;
- which is contrary to good morals or good taste, is violent or includes a link to pornographic material or websites and/or;
- whereby personal details of minors are asked for and/or; - in which personal details are made available and/or;
- whereby the performance of illegal activities is encouraged or committed and/or;
- whereby the intellectual property rights of others are infringed upon and/or;
- whereby chain letters, junk mail or spam is involved and/or;
- whereby passwords or other information leading back to persons are asked for, for commercial or illegal purposes and/or;
- whereby commercial activities are involved without the prior written consent of absolutehot, such as adverts, lotteries, competitions, or pyramid games and/or;
- in which a photograph or likeness of another person is included without his/her consent.
3.5 absolutehot is entitled to take the service (temporarily) out of service without prior notification or to restrict the use of the service or to terminate the service with regard to absolutehot without having to state the reasons to do so and without this resulting in any right towards absolutehot for damages.
3.6 absolutehot does not guarantee that the absolutehot service is accessible at all times and without interruptions or breakdown.
4. Uploading content
4.1 You acknowledge and agree that by making files, data and/or materials available to absolutehot (by which in these Terms and Conditions amongst others is meant: uploading them) you automatically grant to absolutehot: (a) a free, unencumbered, worldwide, non-exclusive license to use, reproduce, disseminate and publicise the files, data and/or materials in connection with the absolutehot service and to use and reproduce (and to allow third parties to use and reproduce) the files, data and or materials via any medium whatsoever for marketing and/or promotional purposes in connection with the absolutehot service; (b) the right to remove, intentionally or unintentionally, and for any reason whatsoever and also without any reason being given, from the absolutehot servers and from the absolutehot service any files, data and/or materials made available by you, without absolutehot becoming liable to you or a third party in any way whatsoever.
4.2 The license meant in clause 4.1 expires at the moment you remove the respective files, data and/or materials from the absolutehot website.
4.3 You acknowledge and agree that the files, data and/or materials you have made available to absolutehot, will be used by other users of absolutehot. absolutehot does not accept any liability for the compliance by the users of absolutehot with these Terms and Conditions. You therefore acknowledge that it might be possible that the files, data and/or materials made available by you to absolutehot, are used in a manner which is contrary to or is not provided for in these Terms and Conditions. absolutehot is not liable for any acts by a third party which are contrary to these Terms and Conditions or any legal provision or other unlawful act of a third party.
4.4 You guarantee to absolutehot that you are the fully entitled party with regard to the files, data and/or materials as meant in clause 4.1 and that you are fully entitled and authorized to grant the license as meant in these Terms and Conditions. You indemnify absolutehot and all its affiliated companies and persons and also the users of absolutehot against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against any claims resulting from your acts in contravention with any guarantee as meant in these Terms of Use. All the costs incurred and damage suffered by absolutehot in any way in connection with these claims will be reimbursed by you.
4.5 By making files, data and/or materials available to absolutehot, you guarantee that you are authorized to do so in accordance with these Terms and Conditions and that you are entitled to grant to absolutehot the rights as meant in these Terms and Conditions; any file, data and/or material uploaded or made available by you is original and does not include sampled material unless you have obtained a license to use such sampled material; you are the original composer of all the music and text included in the file, data and/or material or that you have been granted a license with regard to this music and the text of the original composer(s) and/or owner(s) of the copyrights of the original musical works from who this music and/or text has been derived; the files, data and/or materials made available by you do not contravene any law, or infringe any rights of third parties including contractual rights, intellectual property rights, privacy rights and neither are they otherwise unlawful to third parties or absolutehot, and that no consent or license is necessary or required from you or any third party; you are not restricted by any lack of competence, restriction or prohibition with regard to your right to act in accordance with these Terms and Conditions and/or to make files, data and or materials available; absolutehot will not be obliged to make any payment of any nature whatsoever to whomsoever, including persons and parties whose performance or concepts are included in the files, data and/or materials made available by you, or its producer(s), publisher(s) or maker(s) including the collective copyright organizations; you are exclusively responsible for all the licenses, reports and payment obligations to any third party including, but not limited to, collective copyright organization, in connection with the use of the files, date and/or materials made available by you as meant in these Terms and Conditions.
5. Account Termination Policy
5.1 absolutehot will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
5.2 absolutehot reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. absolutehot may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE absolutehot WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, absolutehot, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. absolutehot MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE absolutehot WEBSITE. absolutehot DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE absolutehot WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND absolutehot WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU 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.
7. Limitation of Liability
IN NO EVENT SHALL absolutehot, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE absolutehot WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT absolutehot SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by absolutehot from its facilities in the Netherlands. absolutehot makes no representations that the absolutehot Website is appropriate or available for use in other locations. Those who access or use the absolutehot Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless absolutehot, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the absolutehot Website; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the absolutehot Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the absolutehot Website is not intended for children under 13. If you are under 13 years of age, then please do not use the absolutehot Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
10. Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by absolutehot without restriction.
11. General
1 These Terms and Conditions include all the arrangements made by the parties in this connection. They replace all arrangements and agreements made previously which the parties have made or formed in this connection. Verbal statements, promises or arrangements have no legal effect unless they have been confirmed in writing.
2 If one or more provisions of these Terms and Conditions are null and void or are annulled, the remaining provisions will remain in full force and effect.
3 These Terms and Conditions are governed by Dutch law. Any and all disputes resulting from this agreement will exclusively be submitted to the competent courts in Amsterdam.
