Terms of service
Thank you for using HotSocial (part of ItsHot Platform)!
1. Our service
HotSocial helps you discover what you love. We show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To provide our Service, we need to be able to identify you and your interests. As part of our service we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.
2. Using HotSocial
You may use HotSocial only if you can legally form a binding contract with HotSocial , and only in compliance with these Terms and all applicable laws. When you create your HotSocial account, you must provide us with accurate and complete information. You can’t use HotSocial if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you are over the age at which you can provide consent to data processing under the laws of your country. Using HotSocial may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
Additionally, subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
If you want to use HotSocial for commercial purposes you must create a business account and agree to our Business Terms of Service. If you do open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
3. Your content
a. Posting content
HotSocial allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on HotSocial is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to HotSocial .
b. How HotSocial and other users can use your content
You grant HotSocial and our users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on HotSocial solely for the purposes of operating, developing, providing, and using HotSocial . Nothing in these Terms restricts other legal rights HotSocial may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in HotSocial , for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines, or any other policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from HotSocial , we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. HotSocial and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on HotSocial .
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make HotSocial more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, HotSocial doesn’t waive any rights to use similar or related feedback previously known to HotSocial , or developed by its employees, or obtained from sources other than you.
4. Copyright policy
HotSocial has adopted and implemented the HotSocial Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright Policy.
We care about the security of our users. While we work to protect the security of your content and account, HotSocial can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
6. Third party links, sites, and services
HotSocial may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by HotSocial . We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from HotSocial , you do so at your own risk and you agree that HotSocial has no liability arising from your use of or access to any third party website, service, or content.
HotSocial may terminate or suspend your right to access or use HotSocial for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Community Guidelines. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.
If you use HotSocial for commercial purposes (i.e., you are not a consumer) without agreeing to our Business Terms as required by Section 2 of these Terms, you agree to indemnify and hold harmless ItsHot, their affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.
Our Service and all content on HotSocial is provided on an "as is" basis without warranty of any kind, whether express or implied.
HotSocial specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
HotSocial takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HotSocial SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL HotSocial AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, HotSocial ’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. HotSocial isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
For any dispute you have with HotSocial , you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your HotSocial account. If HotSocial hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and HotSocial are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your HotSocial account.
Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and HotSocial agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that HotSocial will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HotSocial ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding HotSocial or our Service isn’t arbitrable under applicable laws or otherwise: you and HotSocial both agree that any claim or dispute regarding HotSocial will be resolved exclusively in accordance with Section 12 of these Terms.
If you're a consumer in the EEA, Section 11 doesn't apply to you.
12. Governing law and jurisdiction
These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles.
In the EEA, this applies if you're a merchant, but not if you're a consumer. If you are a consumer in the EEA, you can sue us in your home courts.
13. General terms
Notification procedures and changes to these Terms
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use HotSocial after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using HotSocial .
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HotSocial without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If you’re a consumer in the EEA, either you or HotSocial may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by HotSocial, you are entitled to terminate the agreement with immediate effect by deactivating your account. HotSocial will provide you with reasonable notice of any such assignment.
15. Entire agreement/severability
16. No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and HotSocial 's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms are a contract between you and Itshot DBA Luccello Inc. 48 West 48th St. Suite 302 New York, NY 10036.
Effective Date: January 1st, 2021