FOR HOTBAR SOFTWARE AND WEB SITE
Hotbar is committed to your privacy!
HOTBAR RESPECTS AND PROTECTS THE PRIVACY OF THE INDIVIDUALS THAT USE HOTBAR'S PRODUCTS. HOTBAR DOES NOT STORE ANY INFORMATION ABOUT SPECIFIC USERS' SURFING HABITS OR THE SITES THAT THEY VISIT. HOTBAR DOES AGGREGATE ANONYMOUS USAGE INFORMATION ACROSS ITS USER BASE FOR IMPROVING OUR PRODUCT AND THE OFFERS SHOWN TO THE USERS.
ACCEPTANCE OF TERMS
THIS AGREEMENT GOVERNS YOUR USE OF HOTBAR'S SOFTWARE AND SERVICE
BY DOWNLOADING OR INSTALLING, REGISTERING FOR, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE HOTBAR'S SERVICE.
License. Hotbar's Software is protected by the copyright laws of the United States and all applicable international copyright treaties. Hotbar.com, Inc. ("Hotbar") hereby grants to you ("Licensee") a personal, non-exclusive, non transferable and royalty-free license to use the accompanying software products, in machine executable object code form (the "Software") subject to the terms and conditions set forth below. For the sole purpose of using the Software, the Licensee is granted with a limited non-exclusive non transferable and royalty-free license to access the skin images ("Skins"), text, graphics, other images and content (together, including the Skins, the "Content") and other information provided by Hotbar via the Hotbar Toolbars and on the Hotbar's Website (all such Websites, Web pages, Content, Comparative Service, as defined below, and other information, the "Service"), subject to the terms and conditions set forth below.
The Software and Service. The Software and the Service are intended to enable downloading and installing of Skins and other Content as the background of your Browser toolbar and e-mail toolbar to enhance your Browser and e-mail functionality by adding dynamic services to your toolbar and enabling it to receive various information and services including data, search results and comparative data, links, software and images from the Hotbar and third parties' servers on an ongoing basis.
If you are using Hotbar's Comparative Shopping tool additional terms are specified in the Comparative Shopping Terms, which are an integral part hereof.
Scope of License.
(a) Licensee may use the Software on any computer under his/her full control, provided however that any copy of the Software must contain all of the original Software's proprietary notices and this Agreement.
(b) Licensee may not use the Service and/or the Software to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach the rights of any third party (iii) engage in commercial activities including, but not limited to, offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any Content or other information offered on the Service.
(c) Without limiting the foregoing section, Licensee acknowledges that the Service may contain features enabling users to transmit various types of communications (e.g. Skins and other Content) to other users; and Licensee shall not use the Service to engage in spamming, junk mail, any form of harassing activities, impostor activities or activities which are intended or may result in invasion of privacy or damages to other users or any third party. The Licensee shall refrain from such activities and shall be solely liable for any consequence of the referenced forbidden actions.
Change of License. Hotbar is permitted, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionality or content of the Software or the Service without prior notice. Hotbar may elect in its sole discretion to condition the continuation of this license on the Licensee accepting software improvements, corrections, adaptations, and conversions to more recent Software versions or any other changes to the Software or the Service.
Protection of Proprietary Rights.
(a) Complete title, ownership rights, intellectual property rights and all other proprietary rights in and to the Software and the Service, including the Content, shall remain at all times in Hotbar and/or its licensors and suppliers and nothing in this Agreement shall be deemed as a grant of any such rights to Licensee. Licensee may not modify, translate, reverse engineer, decompile or disassemble the Software, Service, any of the Content or information on the Service, create derivative works based on the Software, the Service, any of the Content, or information on the Service, copy any of the foregoing (except as explicitly specified above), export, sell, license, rent, lease, transfer or otherwise transfer rights to the Software, the Service, any of the Content or information on the Service, or remove any proprietary notices or labels on or pertaining to any of the foregoing.
(b) If you believe that your information or any other material has been used on the Service in a manner that constitutes copyright infringement, please provide our Copyright Agent with written notice (e-mail is sufficient) that includes the following information:
限an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
限identification of the copyrighted work claimed to have been infringed;
限a description of where the material that you claim is infringing is located on the Site;
限your address, telephone number, and e-mail address;
限a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
限a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site is Oren Dobronsky, and all questions regarding copyright should be directed to hotbar.Legal@Hotbar.com.
Disclaimer of Warranties. Licensee's acknowledgments relating to Software and the Service. Licensee expressly acknowledges and agrees that:
(a) By using the Internet and/or the Software and/or the Service and/or the Content, Licensee may be exposed to contaminated files, computer viruses, eavesdropping, harassment, electronic trespassing, hacking and other harmful acts or consequences that might lead to unauthorized invasion of privacy, loss of data and other damages. Furthermore, by installing the Software on Licensee's computer, Licensee understands that: (i) certain system non-personally identifiable information, including Statistical Data, stored on Licensee's computer will be made available and transmittable to Hotbar servers; (ii) other information available now or in the future on the Service including links, services, messages advertisements, cookies and the like may be installed on Licensee's computer and; (iii) Hotbar may automatically transmit to and install on Licensee's computer, Software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software.
(b) The functionality of the Software and/or the Service depends, among other things, on the availability of Internet connectivity, information by Hotbar servers, net congestion and other factors. Hotbar makes no warranties or guarantees as to the availability or reliability of the Service or the information provided to Licensee or to any other user nor makes any commitment to provide Licensee with any information or to provide an on-going operational Service. Hotbar at any time may suspend or cancel the Service for any reason without prior notice.
(c) Both the Software and the Service are not specifically licensed for use in circumstances in which the malfunction of the Software and/or the Service or the unavailability of information by Hotbar servers, may cause personal injury or death or damage to property. Neither Hotbar nor its licensors or suppliers shall be liable for any claims or damages arising from such events.
(d) THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. HOTBAR AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE SOFTWARE OR THE SERVICE. NEITHER HOTBAR NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
Licensee's acknowledgments relating to Information and Content. Licensee expressly acknowledges and agrees that:
(a) The information Licensee will be exposed to, or receives, or uses with the Software and/or the Service, and/or the Content including, but not limited to, images, the Skins, the Content or any portion thereof, text, jokes, riddles, graphics, pictures, background, links, bookmarks, WWW sites, advertisements, products, goods or services is not reviewed, controlled, examined, verified or endorsed by Hotbar in any way (even if Hotbar receives remuneration for such information) and are the sole responsibility of the person from whom such information was originated. Licensee will have no claim against Hotbar and/or its licensors of any nature whatsoever relating to any part of the Content. Licensee will be entirely responsible for all Content and other information that Licensee downloads, uploads, sends or otherwise accesses via the Service. Licensee will be responsible for securing adequate legal rights to store, link to, browse in, or otherwise make use of such information and for ensuring that such information complies with all applicable laws, including but not limited to, any and all proprietary rights of third parties, rules of copyright, secrecy, defamation, decency, privacy, security and export laws. Hotbar will not be liable for any such information available through the Software and/or the Service and cannot provide any guarantee as to the accuracy, integrity or quality of such information, nor any guarantee that such information is not subject to damage, deletion, erasure or other change of such information for any reason whatsoever.
(b) Licensee shall receive, and desires to so receive, various products/services, marketing ads, and campaigns of third parties through the appearance of links, menus, pop-ups, and other methods on and/or in connection with the Service and the Software (all of the foregoing "Third Party Promotions"). Click here to view samples of the Third Party Promotions. Participation in, and receipt of, such Third Party Promotions including but not limited to placing orders and/or making purchases, payments and/or requesting and/or receiving delivery of any related goods or services, and any other terms, conditions, warranties or representations associated with such Third Party Promotions and dealings are solely between the Licensee and the specific advertiser or merchant. Licensee agrees that Hotbar will not be liable in any way for any loss or damage of any sort incurred as the result of the display, provision, presence or receipt of any such Third Party Promotions and any and all dealings related thereto, whether by, through, via, or on the Service and/or the Software or otherwise.
Limitation of Liability.
(a) HOTBAR'S LIABILITY TO LICENSEE OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED $100 (ONE-HUNDRED DOLLARS) OR THE FEE, IF ANY, PAID BY LICENSEE FOR THE SOFTWARE, WHICHEVER IS GREATER, PROVIDED SUCH LIABILITY IS NOT EXPRESSLY OTHERWISE LIMITED OR EXCLUDED HEREUNDER.
(b) IN ADDITION TO EXPRESS LIMITATIONS ON HOTBAR'S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT SHALL HOTBAR OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY INFORMATION USED RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY AND ANY RISK ARISING OUT OF ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE. LICENSEE ASSUMES THE ENTIRE RISK FOR THE ACCURACY, AVAILABILITY, ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND QUALITY OF ANY INFORMATION.
(c) IN ADDITION TO EXPRESS LIMITATIONS ON HOTBAR'S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT SHALL HOTBAR OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY OF THE CONTENT (AS DEFINED ABOVE) USED RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH CONTENT INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY, VIOLATION OF APPLCABLE LAW OR ANY PERSON OR ENTITY'S RIGHTS OF WHATEVER TYPE. KIND OR NATURE ANY RISK ARISING OUT OF OR IN CONNECTION WITH SUCH CONTENT, WHETHER TRANSMITTED OR RECEIVED OR USED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE OR OTHERWISE. LICENSEE ASSUMES THE ENTIRE RISK FOR THE USE TRANSMISSION AND RECEIPT OF ANY AND ALL OF SUCH CONTENT.
(d) IN ADDITION TO EXPRESS LIMITATIONS ON HOTBAR'S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT WILL HOTBAR OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR COST OF OBTAINING SUBSTITUTE GOODS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND EQUIPMENT, AND OTHER SUCH DAMAGE OR LOSS), HOWEVER CAUSED (INCLUDING WITHOUT LIMITATION ANY LOSS CAUSED BY THE INTRODUCTION OF COMPUTER VIRUSES OR CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE) AND ON ANY THEORY OF LIABILITY, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF HOTBAR OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(e) THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. HOTBAR AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE SOFTWARE OR THE SERVICE. NEITHER HOTBAR NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
(f) THE SOFTWARE AND THE SERVICE ARE DOWNLOADED, USED, TRANSMITTED AND RECEIVED IN EACH CASE AT LICENSEE'S OWN RISK. LICENSEE UNDERSTANDS AND AGREES THAT HIS/HER USE OF THE SOFTWARE AND THE SERVICE, ANY PORTION THEREOF, AND ALL CONTENT PROVIDED AND USED, TRANSMITTED AND/OR RECEIVED IN CONNECTION WITH THE FOREGOING IS SO USED, TRANSMITTED AND/OR RECEIVED BY LICENSEE AT LICENSEE'S OWN RISK.
Some jurisdictions do not allow the disclaimer of warranties. In such jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by the applicable law.
(a) You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
(b) The site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site.
Termination. Hotbar and Licensee shall have the right to terminate this Agreement at any time for any reason whatsoever and without any obligation to specify the reasons for such termination. Termination by Hotbar may be by written notice to user sent to Licensee's e-mail (as specified by Licensee during the registration process) requesting removal of the Software, by unilateral removal or deletion of all, or a specific portion of, the Service, Content and/or Software, or other available method. Termination by Licensee shall be solely by removal of the Software. Without limiting the foregoing, the Agreement, including Licensee's right to use the entire Software, Service and Content, will terminate automatically and immediately if (i) Licensee fails to comply with the provisions of this agreement; (ii) Licensee uses the Software or the Service for illegal unlawful or abusive purposes; or (iii) Licensee's Hotbar account is not used at least once in the preceding six (6) month period. Upon termination, Licensee agrees to immediately stop using the Software and/or the Service and destroy all copies of the Software.
Export Law Assurances. You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Software or underlying technology may not be downloaded to or exported or re-exported: (a) into any country subject to United States embargo (or to a resident or national of) such as Cuba, Iraq, Iran, Libya, North Korea, Syria and any country which may appear on the United States Embargo List from time to time; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) you will not export or re-export the Software to any prohibited country, person, end-user or entity specified by US Export Laws.
You agree that your continued use of the Service following any changes to this agreement and after the changes take effect will constitute your acceptance of such changes.
If you do not agree to future changes to this agreement, do not continue to use the service after the effective date of such changes and uninstall all Hotbar software.
Miscellaneous. This Agreement represents the complete agreement between Licensee and Hotbar concerning the subject matter hereof and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the highest extent. Except as specifically set forth herein, this Agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized Hotbar representative. Hotbar may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to any third party whatsoever, without notice and without the need to receive Licensee's consent. Licensee shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of Licensee's rights or obligations under this agreement. This Agreement is governed by the laws of the State of New York, without reference to its conflict of law principles and the exclusive jurisdiction for any dispute arising hereunder shall be submitted to the competent courts in New York. Any questions concerning this Agreement may be directed by email to hotbar.legal@Hotbar.com.
Children 13 and Under.
If you are thirteen years old or younger, we will not collect, store or use your personally identifiable information. In addition, parents or guardians of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.
(a) Description of Service
Hotbar痴 comparative shopping service improves the online shopping experience by enabling users to find the best prices, a variety of product and service options, and the convenience of one-stop online shopping. Hotbar痴 comparative shopping service (the "Comparative Service") automatically searches numerous Internet web sites to help you find alternative products or services, or alternative providers or deals. The Software sends a query to the Hotbar servers when you search on certain web sites. The Comparative Service then connects to third party providers of products or services (撤roviders・ with your query and provides you (in a separate window) with alternative purchasing options. The searches are conducted by the Providers, and the alternatives are either provided by other third parties or the Providers themselves. If one of the alternative options displayed by the Comparative Service fits your shopping needs, and you select it, you will be transferred to an external site hosted by either the Provider or by Hotbar (摘xternal Site・. On the External Site, you can shop for products, make travel arrangements or sign up for a service. In addition, you can use the Comparative Service to search for deals on the Internet and to find or view related deals on certain websites. Hotbar receives a small agreed upon commission or fee from the Providers for referring you to them. This enables Hotbar to provide you the Comparative Service free of charge.
(b) Performance of the Comparative Service
If you elect to install the Software on your computer and use the Comparative Service, you hereby expressly authorize Hotbar and any of the participating Providers to: (i) analyze your shopping queries on certain sites in order to perform relevant shopping searches for you, (ii) contact aggregators of alternative products and services, options or deals that might be relevant to your shopping query; (iii) serve as your shopping aggregator across numerous shopping related sites in order to compile data relevant to your search queries (iv) open a new browser window, frame or other form of display on your computer (resizing any open browser windows that might be necessary to resize); (v) display deals, offers and other search results based on your search queries, within the used form of display; (vi) collect basic information about any financial transactions performed via or facilitated through the Comparative Service in order for Hotbar to receive its referral fee from Providers; (vii) take all actions that Hotbar and any of the Providers determine necessary in connection with the items described above; and (viii) retain full authority and discretion to do everything possible to complete these activities, as you would individually.
(c) Affiliation with Alternative Sites and Providers
The Comparative Service may occasionally open a browser window or other form of display for you while you browse the Internet for various products or services. This may cause your original browser window to resize. Hotbar may then provide you with alternative options for such products or services from various Providers, and with links to such Providers' sites. You understand and agree that by opening the browser window with alternative options, Hotbar does not in any way imply, suggest, or constitute any sponsorship or recommendation of any such site. Nor does this indicate any affiliation between such other site and Hotbar. In addition, you understand that by opening the browser window with alternative Providers' products or services offerings, Hotbar does not in any way imply, suggest, or constitute any sponsorship of, approval of, recommendation, or affiliation among such alternative Providers and the site you are currently browsing. You agree that Hotbar shall not be liable or responsible in any way for any of the content displayed on the Providers・websites, including without limitation the completeness, accuracy and timeliness of information that Hotbar may aggregate for you from such Providers.