Hot or Not Terms and Conditions of Use
The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be are governed by and construed in accordance with English law. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.
Hello. You should read these terms and conditions in full because they apply every time you visit Hot or Not. However, just in case you ever need a reminder of the main points, here’s a quick summary:
- If you are under the age of 18 then unfortunately you can’t use Hot or Not yet because it’s a meeting place for adults only.
- We’re not responsible for anything that you post or say while you are on Hot or Not and we don’t monitor the content of the site, but if we do see or someone alerts us that you have posted something that we think is inappropriate then we are allowed at our discretion to remove it.
- If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.
The full legal bit
Hot or Not is a social media website designed as a forum for meeting new people, a place to have discussions and to share photos, news and information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use Hot or Not in a manner consistent with its purpose and which is in accordance with these terms and conditions (the “Terms”).
The Terms apply whenever you visit Hot or Not, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on Hot or Not (the “Services”) you are accepting and agreeing to be bound by the Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE SITE.
1. Use of the site and rules relating to content
Who can use Hot or Not?
Hot or Not is a meeting place for adults. You may only use and become a registered member of Hot or Not if you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18).
You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using Hot or Not you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
What kind of content can I post on Hot or Not?
You are able to post all kinds of things on Hot or Not, including photographs, emails, messages and other content (“Content”).
There are some rules about what is acceptable though, so when you are using Hot or Not you may not post or send any Content which:
- contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
- is obscene, pornographic or otherwise may offend human dignity;
- is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
- incorporates the image or likeness of any individual under 18 years of age;
- encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
- is defamatory;
- relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
- involves the transmission of “junk” mail or “spam”;
- contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Hot or Not or otherwise; or
- itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights).
Please use your common sense when picking the Content that you choose to post on or send via Hot or Not because you are solely responsible for, and bear all liability in relation to, such Content.
Are there any rules relating to personal information like my email address?
You may not display any personal contact or banking information on your individual profile page (“Profile”) whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
What about other people’s personal information, can I use it?
You may only use other Hot or Not user’s personal information to the extent that your use of it matches Hot or Not’s purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. Hot or Not reserves the right to terminate your account if you misuse other users' information.
Some of my friends want to see all the people I’m chatting with. Can I tell them my password and let them log on as me?
The short answer is no. Only you are authorised to access your account with Hot or Not. You must not share your password with anyone or let anyone else access your account as this jeopardises the security of all of the Content and personal information that you have submitted to Hot or Not. You are responsible for keeping your password secret and secure. If you don’t, Hot or Not is not liable for any unauthorised access to your account. If you suspect that someone has gained access to your account, you must let us know immediately by visiting Feedback page and telling us of your suspicions or concerns. You must also immediately change your password. Hot or Not reserves the right to terminate your account if you violate our rules on keeping your password secure.
Who can see the Content that I put on Hot or Not?
When you upload Content to Hot or Not it can be accessed and viewed by the general public. If you do not want such Content to be viewed by others, then you can opt to use the private folders and select the person to whom you wish to give access. If you still do not want such Content to be viewed by others, then you should not upload it to Hot or Not. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to Hot or Not without any incurring liability to you. We have no obligation to display any Content that you submit to Hot or Not, nor to check the accuracy or truthfulness of any Content submitted to Hot or Not, nor to monitor your use or the use of other users of Hot or Not.
2. Ownership of Content
Once I have uploaded Content on Hot or Not, do I still own it?
Yes (provided you are the rightful owner in the first place — please see our other rules regarding posting Content that doesn’t belong to you).
Please note though that by posting or sending Content on Hot or Not you represent and warrant to us that you have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide licence to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you.
By submitting Content to Hot or Not you are warranting that you are the exclusive author and owner of that Content and you agree that you waive any and all moral rights relating to that Content (including, without limitation, the right to be identified as the author).
We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
Who does the rest of the Content on Hot or Not belong to then?
Us! All text, graphics, user interfaces, trademarks, logos, sounds and artwork on Hot or Not are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
Can I use any of the Content that doesn’t belong to me?
Other than in relation to Content submitted by you to Hot or Not, you do not have any rights in relation to the Content on Hot or Not and you agree that you will not use any Content in any manner which may infringe any third party’s rights. Without limitation to the foregoing, this means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the Hot or Not site or the Content contained on it (other than the Content submitted by you) to anyone else.
3. Paid for Services
What can I buy on Hot or Not?
Hot or Not offers you the opportunity to pay for certain services offered on the site. Hot or Not’s premium services include various opportunities to find and meet additional people, to customise your profile and to boost your profile so more people find you. Hot or Not also offers the ability to play various games on the site. All of these premium services can be purchased after you register, and you may subscribe to the premium services for various lengths of time. Once you have paid for any premium services, they are non-refundable. You can change your Auto Top-up at anytime in your payment settings on your profile page.
How do I renew my premium services with Hot or Not?
Once you have requested a Hot or Not premium service, you authorise Hot or Not to charge your chosen payment method. If you want to cancel or change your payment method at any time, you can do either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen payment method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Hot or Not are made as well as how such payments may be changed or cancelled. Your subscription to Hot or Not’s premium services will automatically renew until you decide to cancel, and if you have enabled the auto top-up feature, your account will automatically be topped up until you decide to disable this feature.
Can I transfer any of my paid for services or credits to another Hot or Not user?
If you elect to partake in any of the games, premium features or range of services designed to improve your Hot or Not user experience, you agree to use these services for yourself and not to transfer (for free or as a sale) to or purchase, or sell such services from other Hot or Not users. Hot or Not reserves the right not to honour any paid for services where you have attempted to transfer those services to another use or you have attempted to buy those services from another user. Hot or Not will only provide paid for services to you if you are the person to whom it was issued.
Do my credits last forever?
No. We reserve the right to expire any unused credits expire 6 months (unless the credits are purchased through Itunes). If you delete your account or if your account is terminated by us due to breach of these Terms, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them at any time. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.
Please refer to the Service Conditions on your ‘top-up’ page for further details relating to your payments.
4. Access to the site
Do you guarantee that Hot or Not will be up and running at all times?
Unfortunately we can’t guarantee that because sometimes we have to carry out maintenance to the site or it may be affected by a fault or circumstances which are outside our control, so Hot or Not is provided on an “as is” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of Hot or Not and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on Hot or Not without notice and without incurring any liability to you.
What about mobile access?
You are responsible for making all the necessary arrangements to ensure you can access Hot or Not (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Hot or Not through mobile services or any similar service currently known or developed in the future.
By accessing Hot or Not or agreeing to receive messages or notifications from Hot or Not through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.
I’m not registered and I can’t seem to access some Content on the site. Why is that?
Non-registered users are able to access only that portion of Hot or Not that is publicly available. They will not have a Profile or the ability to upload any Content. The extent of registered users’ access to Hot or Not will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion.
5. Termination of use by us
My Profile has disappeared and I can’t log in. What’s going on?
Sometimes people forget about the Terms and post Content or act in a way while on Hot or Not which is not consistent with the purpose of the site. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
- suspend or revoke your registration (where applicable) and your right to access and/or use Hot or Not or submit any Content to Hot or Not; and
- make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).
We will try (but we are not obliged) to notify you if your access to Hot or Not and/or your Profile is to be or has been suspended or terminated.
6. Termination of use by you
They say that you can have too much of a good thing… what do I do if I want to “unregister” myself from Hot or Not?
Content that you have uploaded to Hot or Not, other than your Profile (such as comments or email messages), may still appear on Hot or Not following termination of your registration.
Someone is not obeying the Terms, who do I tell?
You can report any abuse or complain about Content on Hot or Not by contacting us via Feedback page, outlining the abuse and or complaint. You can also report a user directly from a profile, by clicking the ‘Report Abuse’ link on their profile, choosing the reason for the complaint and providing us with any additional information you think fit.
Do you have guidelines in place about what you can do with my personal data?
Are the links on the site anything to do with Hot or Not?
Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.
10. Disclaimer of warranties and limitation of liability
I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?
No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of Hot or Not, and expressly disclaim any liability for Content uploaded by you or by any other user.
My friend is a lawyer and says that you can’t exclude liability for everything…
Nothing in the Terms limits or excludes our liability for:
- death or personal injury caused by their proven negligence; or
- any liability which cannot be limited or excluded by law.
To the fullest extent permitted by law, Hot or Not expressly excludes:
- all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability incurred by you arising from use of Hot or Not, its services or these terms and conditions, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if Hot or Not has been advised of the possibility of such damages or losses, arising out of or in connection with the use of Hot or Not. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of god. in connection with Hot or Not including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
I forgot the rules about conduct on here and now someone is threatening to sue YOU. What now?
If we are sued as a result of your use of Hot or Not then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of Hot or Not, the uploading or submission of Content to Hot or Not by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). Hot or Not retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
What about all of those standard clauses that you see at the end of most contracts? They’re the best bit!
As you asked so nicely…
Hot or Not has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Hot or Not and provides that information on an "as is", "as available" basis. Hot or Not does not give or make any warranty or representation of any kind about the information contained on Hot or Not, whether express or implied. Use of Hot or Not and the materials available on it is at your sole risk. Hot or Not cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Hot or Not is free of viruses or other harmful components. You accept that Hot or Not will not be provided uninterrupted or error free, that defects may not be corrected or that Hot or Not, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Hot or Not is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.
If you do not accept any Change to the Terms, you should stop using Hot or Not immediately. Your continued use of Hot or Not following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The Terms set out the entire agreement and understanding between us and you in relation to your use of Hot or Not and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms.
You might also want to take a look at the following pages:
www.hotornot.com is a site owned and operated by Or Not Limited.
We are registered in England under company number 07976476.
Our registered office is at Media Village, 131 - 151 Great Titchfield Street, London, W1W 5BB.
The Terms were last updated on: 15 May 2012.