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Terms of Use
Please take the time to read this entire agreement ("Agreement" or "Terms") governing your responsibilities (hereinafter, "you", "your" or "user") and use of the HotMosh site ("HotMosh, "Site", "us", "our" or "we"). If you don't abide by this Agreement, it could result in termination of your HotMosh account and/or may expose you to other liability. BY USING THIS SITE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.1. What You Are Agreeing To
HotMosh provides its Site and its service to you, subject to these Terms. HotMosh reserves the right, in its sole and absolute discretion, to change these Terms at any time. Changes will be posted on the Site and your continued use of the Site will constitute your acceptance of these Terms or any revised Terms. HotMosh may attempt to notify you when major changes to this Agreement have been made, but is in no way obligated to do so. HotMosh may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. HotMosh hereby specifically disclaims responsibility for your failure to read any third party terms of service.2. Who Can Use HotMosh
Those who are of legal age to form a binding contract or otherwise have permission and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction can use this Site, subject to the other terms in this Agreement. In no such case are you qualified to use our services if you are under the age of 13.3. Your Registration Data
When using HotMosh you agree to: (a) provide true, accurate, current and complete information about yourself as requested by HotMosh's registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HotMosh has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HotMosh has the right to suspend or terminate your account, remove your posted content and refuse any and all current or future use of the Site (or any portion thereof).4. A Description of Our Services
HotMosh is an online community that allows fans and musicians from all over the world to share and discover music. You agree that in order to provide this service, HotMosh can place advertisements into any or all pages created by the HotMosh software or the Site.5. Ownership of Content / Limited License to HotMosh
A. We consider all content uploaded to HotMosh servers the property of the person who uploaded it. Therefore, you should ONLY upload content that you have created, you own, you have a license from a third party to upload the specific content on the Internet, or content that is in the public domain. Content includes, but is not limited to: music, sounds, texts, and images (both moving and still). You assume all risk and responsibility for determining whether the content uploaded meets the requirements of this paragraph.B. You hereby grant HotMosh a limited, non-exclusive, perpetual, worldwide license to encode, distribute, and display your content over the Site and to use such content for advertisement purposes as HotMosh sees fit, in any medium, in its sole and absolute discretion, without any compensation to you. This license does not grant HotMosh the right to sell your Content. You represent and warrant that you are authorized to grant to HotMosh all rights set forth in this paragraph. In order to revoke this license granted to HotMosh, simply remove your content. You understand and agree, however, that HotMosh may retain, but not display, distribute, or perform, server copies of your content that has been removed or deleted.
6. Prohibited Content
You agree that you will not post profanity, offensive sexual content, attacks, comments or opinions about other people or things that slander, defame, threaten, insult or harass, content meant for proprietary gain, content that might identify another user without their permission, links to or advertisements for third party commercial websites, spamming material, viruses or corrupt files, or other content that HotMosh deems, in its sole and absolute discretion, to be inappropriate for this Site.HotMosh reserves the right to investigate and take appropriate action against anyone who, in HotMosh's sole discretion, violates this provision, including without limitation, removing the offending communication from the HotMosh Site, terminating the Membership of such violators, and pursuing appropriate legal action. Prohibited content on the Site includes, but is not limited to, content that is:
1. offensive, racist, hate or threatens physical harm of any kind against any group or individual;
2. harasses another person;
3. exploits sex in a violent manner;
4. contains nudity;
5. solicits personal information from anyone;
6. provides personal information;
7. promotes false or misleading information;
8. promotes illegal activities;
9. promotes unauthorized copying of another person's copyrighted work;
10. involves the transmission of "junk mail," or spam;
11. involves commercial activities;
12. includes a photograph of another person without that person's consent
7. Other Prohibited Conduct That Interferes With the Site
You agree not to access HotMosh content through any technology or means other than the audio playback pages of the Site itself, or other explicitly authorized means HotMosh may designate.In addition, you cannot alter or unnecessarily interfere with the HotMosh website. This includes, but is not limited to, using automated script programs to customize and aggregate our features or our users' information, or conduct which unduly burdens the HotMosh servers.
8. Your Use of the Site / Our Limitation of Liability
You agree to manage and maintain content on the system in a legal and respectful manner that follows these Terms. You further agree that HotMosh is not liable for content uploaded and distributed by you. HotMosh hereby disclaims any liability from, including but not limited to, content posted by you that violates these Terms, violates federal or state copyright law, trademark law, patent or trade secret law, state privacy law and content that is otherwise libelous or defamatory.9. Our Termination of Service / Removal Policy
We reserve the right to temporarily deactivate or permanently remove any HotMosh account at any time, in our sole and absolute discretion, for any reason, including, but without limitation, the following: lack of use, use inconsistent with this Agreement, illegal use, and network or server abuse.10. Another Limitation of Liability / Our Disclaimer of Warranties
HotMosh attempts to ensure that service and the Site are available at all times. However, service is provided "as-is" and "as available" Neither HotMosh nor any provider of third party content, nor any of their respective agents (i) warrants that the service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from the use of our services or the Site, (iii) makes any warranties of any kind, either express or implied, including but without limitation, warranties of title, any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages associated with HotMosh service or Site, or (iv) warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features. Furthermore, HotMosh makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user.11. Our Server Downtime Policy
While HotMosh attempts to provide uninterrupted availability of the Site and related services, we reserve the right to suspend our service for planned or unplanned maintenance. We disclaim liability for server downtime as set forth above.12. HotMosh Interface and Functionality
HotMosh strives to create a reliable, powerful and easy-to-use interface. As such HotMosh reserves the right to make changes to the interface, functionality and capabilities of the system in order to optimize the service, increase functionality or insure server performance. HotMosh will endeavor to notify users in a timely manner of any planned interface changes, or future functionality of the site that in development, but is under no obligation to do so. Some changes may be made without your consent or notification.13. Your User Account, Password and Security
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HotMosh of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access. HotMosh cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.14. Digital Millennium Copyright Act ("DMCA")
This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act ("DMCA") for the reporting of alleged copyright infringement. It is the policy of HotMosh to respect the legitimate rights of copyright owners, their agents, and representatives. Users of the Site are required to respect the legal protections provided by applicable copyright law.A. DESIGNATED AGENT
The Company's Designated Agent to receive notification of alleged infringement under the DMCA is:
Attn: Copyright Agent
2040 W. Middlefield Rd, Ste. 4
Mountain View, CA, 94043
Email: HotMoshAdmin@hotmosh.com
Upon receipt of proper notification of claimed infringement, HotMosh will follow the procedures outlined herein and in the DMCA.
B. COMPLAINT NOTICE PROCEDURES FOR COPYRIGHT OWNERS The following elements must be included in your copyright infringement claim:
1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notice, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HotMosh to locate the material.
4. Information reasonably sufficient to permit HotMosh to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay of the processing or the DCMA notification. C. NOTICE AND TAKEDOWN Procedure: It is expected that all users of the Site will comply with applicable copyright laws. However, if HotMosh receives proper notification of claimed copyright infringement it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity provided all such claims have been investigated and determined to be valid by HotMosh in HotMosh's sole and absolute discretion. HotMosh will comply with the appropriate provisions of the DMCA in the event a counter notification is received.
D. REPEAT INFRINGERS
Under appropriate circumstances, HotMosh may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.
