HOTBOTTLE TERMS OF USE - updated 2/25/09

Welcome!

Welcome to HotBottle.com, owned and operated by SoGoodMusic LLC (as used herein, "we", "our", "us", “the company”). If you use HotBottle.com (the "Site"), that means you agree to be legally bound by these Terms of Use (the "Terms"). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE LEAVE THE SITE NOW. Please take the time to read these Terms carefully, and re-read them periodically, as they can change without notice.

1. VISITING THE SITE. Non-registered visitors to the site (ÒVisitorsÓ) are invited to browse the information that is visibly shared by registered Users of the Site. This may include, but not be limited to, event listings, venue locations, regional bands, and points of interest. Visitors may be exposed to advertisements from third party entities, and are subject to the same terms and conditions set forth in our Privacy Policy.
2. REGISTRATION. In order to gain access to the services (the "Services") offered by the Site, you will need to register as a user. Either you or the Company may terminate your user registration at any time. Upon termination of your registration as a "user", you will no longer be allowed access to the Services offered through the Site. You represent that all information you provide during the registration process and at any time thereafter ("Registration Information") will be true, accurate, complete, and current and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. The Company may use all Registration Information, subject to Company's compliance with the Company Privacy Policy that can be found here (the "Privacy Policy"). This Agreement includes terms and conditions set forth in the Privacy Policy. By indicating your agreement to our Terms of Use, you are consenting to have your personal data used by the Company as set forth in the Privacy Policy.
3. PUBLISHING OF CONTENT. You hereby acknowledge and agree that you are solely responsible for all materials you contribute to the Site, including without limitation, information, code, data, text, audio, links, pictures, graphics, video, chat, messages, files and any other materials ("Content"). You represent, warrant and agree that no Content submitted by you or through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent and warrant that you have all legal rights necessary to publish any Content on the Web Site, or that you own such Content. You hereby acknowledge and agree that the Company shall, at all times, possess the right to refuse to include and/or to cause the removal of any of your Content for any reason and at its sole discretion. You hereby acknowledge and agree that the Company may, at its sole discretion, disclose your Content in order to:

   (i) comply with law enforcement, court orders, or the legal process; and/or

   (ii) protect the rights and safety of individuals; and/or

   (iii) settle disputes over intellectual property ownership.

   The Company owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Site, or via the Site, by third parties not within the control of the Company. It is our policy not to permit materials known by us to be infringing to remain on this Site. Please contact us if you believe any materials on this Site infringe a third party copyright.

4. LICENSE TO CONTENT

   Your Content. We do not own your content. By uploading, posting or displaying (collectively, "Posting") any Content to the Site, you do, however, grant us a limited license to use your Content ("Content License"). Specifically, under the Content License:

   ¥ We may not sell your Content as permanent downloads or physical copies ¥ We may not continue exercising the Content License after you terminate the license as described below ¥ We may not use or license another party to use your Content outside of the Site and Site powered or branded "widgets" as described below, except for search engine marketing or other key word based marketing ¥ We may include your Content in temporary or permanent features, functions, promotions or other activities occurring on or through the Site, including in "widgets" that are created or managed on or through the Site but exist or function outside of the Site (collectively, "Programs"); these Programs may enable us or users to use, modify, reproduce, publicly perform, publicly display, transmit, stream and distribute your Content. ¥ We may let other parties exercise these rights on the Site and in "widgets" ¥ We may exercise these rights without paying you (the Content License is fully paid & royalty free) ¥ We may exercise these rights throughout the Site worldwide, including through "widgets" which may reside outside of the Site ¥ You may grant similar licenses to others (the Content License is non-exclusive) ¥ You may terminate the license at any time by following the steps described below

   Terminating the Content License. If you want to terminate the Content License with respect to some or all of your Content, you can do so by deleting such Content from the applicable user profile. To request deletion of an entire user profile you must also email delete@hotbottle.com stating your name, the username, password and registered email address associated with the profile, with "Delete User Profile" in the subject line. Please note that if content is subsequently placed on the profile, your deletion notice will be voided. If we violate the Content License, you may either terminate the Content License as described above or send an email explaining the violation to help@hotbottle.com. We will correct the violation within 30 days of receipt of proper notice. These are your only resolutions for a breach by us. We are not responsible for disputes between users, including breaches of the Content license by users, disputes between users associated with a particular band profile, or for any deletion or reinstatement of content that may result from the actions of users. Notwithstanding anything else in these Terms, please note that terminating the Content License does not automatically remove all of your comments, communications, images, and blogs (including text, video and/or audio) or other Content accumulated throughout the Site as a result of your participation in the Site; we retain the Content License in such content and will consider any requests to withdraw such materials on a case by case basis.

   Partner Offerings. In addition to our Programs, we may occasionally facilitate other businesses ("Partners") providing or offering to provide goods or services to users ("Partner Offerings"). To assist Partners in making these Partner Offerings relevant to Users, we may provide Partners with non-personally identifying information about a user, including the User's known or estimated zipcode, age, and gender information associated with the User Profile and/or associated Band Profiles, together with an identification number or other information that would not reveal a user's personal identity to the Partner. Except as specifically provided for herein, participation in such Partner Offerings is subject to whatever terms, conditions and privacy policies are agreed to by Partner and the user; notwithstanding the wording of any such materials, nothing therein may cause us to have, or increase any liability or obligation to any party. By utilizing or opting in to such Partner Offering, you agree that we shall be completely free from from any liability arising from that relationship (including all aspects of that relationship that happen on or through the Site).

   Contests, sweepstakes and other promotions. From time to time, we, our users or our Partners may conduct contests, sweepstakes, giveaways or other promotions (collectively, "Promotions") on or through the Site. In order to be eligible to participate in any Promotion your user profile must include your legal name, and a profile picture, and be registered with a verified or verifiable email address. If the terms of a Promotion do not expressly state that we are the sponsor of such Promotion (or if there are no terms stated), then by participating in the Promotion you agree that the users or bands or Partners presenting, offering or sponsoring the Promotion, and not us, are solely liable for the Promotion, including but not limited to the awarding of any prizes or awards. Nothing in this paragraph shall be construed as giving any party permission to conduct or sponsor a Promotion on, through, or utilizing the Site.

   Your Content is your responsibility. You are solely responsible for your Content, and for its accuracy, integrity, quality, lawfulness and merit. By putting your Content on the Site, or by delivering your Content to a third party via the Site or other mechanism facilitated by us, you are making a legally binding promise that you possess all the rights necessary in order for you to grant to us the Content License, and that your Content (and the inclusion of such Content in Programs) does not violate the privacy, publicity or intellectual property rights (including copyright) of any other party. If any royalty or other payment becomes due to any party as a result of us fully exercising the Content License rights to such Content, or your participation in the Site or any Programs, then you alone shall be responsible for such payments. Your use of Content in any Program is your responsibility. You may not upload, post, publish or transmit any Content that is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable, including, without limitation, any Content that would constitute illegal activity, give rise to civil liability, or violate any local, state, national or foreign law. You may not put Content on the Site if you can't make all these promises about the Content, or for which you are not legally entitled to grant us the Content License.

   Site monitoring. We reserve the right, but are not obligated to, monitor or screen any or all Content, activity or information exchange occurring on or through the Site, including but not limited to monitoring to determine compliance with these Terms or to accumulate economically valuable data about usage and other behavior patterns on or related to the Site. For information on privacy, please see our Privacy Policy. We do not guarantee that any monitoring or screening it conducts will be effective or accurate.

5. USE OF WEB SITE. You understand that the Services and the Site are available for your personal use only. Your use of any Services that provide for or facilitate commercial transactions may be subject to additional terms and conditions. You agree not to harvest or collect email addresses or other contact information of other Web Site users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
6. LINKS TO OTHER WEB SITES. The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site or the Services does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk.
7. LIMITATION OF LIABILITY. In no event will the company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the web site or the service, even if the company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of: (a) the amount paid, if any, by you to the company for the services; and (b) ten dollars ($10). Certain State laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
8. INDEMNITY. You agree to indemnify and hold the Company and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:

   (i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement;

   (ii) your use of the Services or the Site in violation of this Agreement; or

   (iii) or your violation of any law or the rights of a third party.

   You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against the Company for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Web Site or the Services.

9. USE OF SITE CONTENT. All Content on the Site is the proprietary property of the Company or its licensors (including Site users). Subject to the terms of this Agreement, no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the Company or the owner of the Content. Except as otherwise set forth in this Agreement, any use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Web Site are trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
10. DISCLAIMER OF WARRANTIES. The Company is not responsible for any incorrect or inaccurate Content published on the Site or in connection with the Services, including Content published by users of the Site or the Services. The Company is not responsible for the conduct, whether online or offline, of any user of the Site. The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or the Services. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Site or the Services. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Site or any Content published on the Site. The Site, the Services and the content are provided "as-is" and the company disclaims any and all warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The company cannot guarantee and does not promise any specific results from use of the Site and/or the Services.
11. AGE RESTRICTIONS. Individuals under the age of 13 are prohibited from accessing the Site without verified parental consent furnished to Company in accordance with the Children's Online Privacy Protection Act of 1998. You hereby represent and warrant that you are 14 years of age or older. SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, U.S.A., without reference to conflicts of laws, provisions, and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law.
13. MISCELLANEOUS. This Agreement sets forth the entire agreement between you and the Company pertaining to your use of the Site and the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. Changes to this Agreement will be posted on this page, along with indication at the top of this page of the new effective date. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or the Site. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. The Company's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.