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Terms of Use

Service Agreement

The Terms Of Use is a legal agreement between you and REDHOTGLUE.COM, REDHOTGLUE.NET, REDHOTGLUE.ORG, or any party involved in creating, producing or delivering the web site ("REDHOTGLUE").

Use and participation in REDHOTGLUE's Web site is contingent upon your acceptance of the following terms and rules. By using our Web site, you accept these terms. In addition, your continued use of our Web sites after a change has been made to the policies of our Web site implies your assent to those changes.

1. REDHOTGLUE chooses its links to other Web sites carefully. However, REDHOTGLUE is not responsible for the content or privacy practices of Web sites operated by third parties that are linked to or from REDHOTGLUE's Web site. These links are meant for the visitor's convenience only. Links to third party Web sites do not constitute sponsorship, endorsement, or approval by REDHOTGLUE of any content, policies or practices of such sites. Once you have left REDHOTGLUE's Web site via such a link, you should check the applicable terms of use and privacy policy of the third party site. REDHOTGLUE's Web site may also be linked to or from Web sites operated by companies affiliated with REDHOTGLUE. Visitors to those sites should refer to their separate terms of use, privacy policies and practices.

2. As a condition of your use of this Web site and the interactive services contained therein, you represent and warrant to REDHOTGLUE that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

3. This Web site contains one or more of the following interactive services: bulletin boards, chat areas, news groups, forums, communities and/or other message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities, you agree that when using one, you will not:

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise any goods or services for any commercial purpose.
  • Offer to sell any goods or services for any commercial purpose.
  • Conduct or forward chain letters or pyramid schemes.
  • Download for distribution in any manner any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying any of the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities.

4. By posting messages, uploading files, inputting data, or engaging in any other form of communication through REDHOTGLUE's Web sites, you hereby waive any and all rights to any stories, ideas, drawings, opinions, and other creative "materials" posted to REDHOTGLUE's web sites. You authorize REDHOTGLUE to utilize, royalty-free, in any manner it sees fit and for eternity, the materials posted on the site, which shall become the property of REDHOTGLUE and shall include the right to exploit any proprietary rights in such communication, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. You release REDHOTGLUE from any and all claims or liability (now known or hereafter arising) in connection therewith, and you agree to indemnify REDHOTGLUE in connection therewith pursuant to the terms of Paragraph 10 below. You agree and acknowledge that your participation in REDHOTGLUE's Web sites shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between you and REDHOTGLUE (other than the contractual relationship entered into between you and REDHOTGLUE by virtue of your agreement to the Terms and Conditions of Use).

5. REDHOTGLUE has no obligation to monitor the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities. However, REDHOTGLUE reserves the right at all times to disclose any information deemed by REDHOTGLUE necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

6. You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. REDHOTGLUE does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized REDHOTGLUE spokespersons, and their views do not necessarily reflect those of REDHOTGLUE.

7. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE.
a. Software is provided as is, with no guarantee of fitness for any particular task. The user assumes all responsibility for its use.

b. The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. REDHOTGLUE may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

c. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. In no event shall REDHOTGLUE be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.

8. REDHOTGLUE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

9. REDHOTGLUE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

10.VISITOR'S INDEMNIFICATION / OBLIGATIONS
a. In consideration for your use of and access to REDHOTGLUE Web site, you agree that in no event will REDHOTGLUE, its affiliated or related entities, its content providers or any other party involved in creating, producing or delivering this Web site or any site linked to or from this Web site, be responsible or liable to you or entity in any manner whatsoever (including, but not limited to, persons who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential or punitive), injury, claim, liability, or other cause of any kind or character whatsoever based upon or resulting from any information provided in REDHOTGLUE's web site, or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through REDHOTGLUE Web sites, even if you advise REDHOTGLUE of the possibility of any claims or damages.

b. You, as a visitor and/or user of REDHOTGLUE's Web site, agree to defend, indemnify, and hold harmless REDHOTGLUE, its parents, subsidiaries, and affiliated companies and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys' fees) arising out of your use of the REDHOTGLUE Web site, or arising out of any violation of laws or these Rules of Conduct committed by you, including, without limitation, any communication by you which is claimed to be defamatory, obscene or otherwise unlawful, or which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.


11. IN NO EVENT SHALL REDHOTGLUE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED

  • WITH THE USE OR PERFORMANCE OF THIS WEB SITE,
  • WITH THE DELAY OR INABILITY TO USE THIS WEB SITE,
  • WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
  • FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF REDHOTGLUE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

12. DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

13. REDHOTGLUE reserves the right in its sole discretion to deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice, and the right to change the terms, conditions, and notices under which this Web site is offered.

14. This agreement is governed by the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and REDHOTGLUE as a result of this agreement or use of this Web site. The performance of this agreement by REDHOTGLUE is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

15. This agreement constitutes the entire agreement between the user and REDHOTGLUE with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

16. All contents of this Web site are: ©2009 REDHOTGLUE. All rights reserved.


 

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