Terms of Use Agreement
ACCEPTANCE OF TERMS OF USE
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. Martin Benson Enterprises LLC owns and operates this website, located at http://www.HotMenHookUps.com ("the website"). This Terms of Use Agreement (this "Agreement") states the terms and conditions under which you may access and use the website. By accessing and using the website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the website. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OF THE website, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. Martin Benson Enterprises LLC may revise this Agreement at any time by updating this posting. Use of the website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.
COPYRIGHT
All materials displayed or otherwise accessible through the website, including, without limitation, news articles, text, photographs, images, illustrations, (collectively, "the Content") are protected under U.S. and foreign copyright or other laws, and are owned by Martin Benson Enterprises LLC, or the party accredited as the provider of the Content. In addition, the website is protected under copyright law as a collective work and/or compilation pursuant to U.S. and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the website. You may use the Contents for private, noncommercial use.
DISCLAIMER OF WARRANTIES
BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. Martin Benson Enterprises LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY, (II) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (III) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED, OR (IV) THAT WEBSITES LINKED TO FROM THIS WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL Martin Benson Enterprises LLC ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF MIDTOWNE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL Martin Benson Enterprises LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY MANNER WHATSOEVER ARISING FROM THE CONTENT OF ANY THIRD-PARTY WEBSITE.
LINKING
The website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Martin Benson Enterprises LLC of the contents of such third-party websites. Martin Benson Enterprises LLC is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website, or (ii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.
GOVERNING LAWS AND JURISDICTION
The website is controlled by Martin Benson Enterprises LLC from its offices within the State of California. By accessing or using the website, you agree that all matters relating to your access to, or use of, the website and/or the Content shall be governed by the laws of the State of California and the laws of the U.S., without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction the courts of the State of California with respect to such matters.
GENERAL
Any consent by Martin Benson Enterprises LLC, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. Except for any agreements with Martin Benson Enterprises LLC that expressly reference this Agreement, this is the entire agreement between you and Martin Benson Enterprises LLC relating to the matters contained herein.
HotMenHookUps.com / Martin benson Enterprises LLC (the "Company") currently provides online information, entertainment, shopping and communication services on the Web site and in other locations (collectively, the "Service"). BY USING AND/OR REGISTERING TO BECOME A MEMBER OF THE SERVICE, YOU ARE STATING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS HotMenHookUps.com / Martin benson Enterprises LLC USER AGREEMENT (THE "AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DISAGREE WITH ANYTHING IN THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SERVICE.
To use the Service, you must become a member ("Member"). As a Member, however, you will have access to various services, some of which will enable you and other Members to interact with each other ("Member Areas"). These Member Areas include, without limitation, the following:
* Messaging
* Video Chat
* Video Messaging
You are solely responsible for your interactions with other Members. You understand that the Company does not in any way screen its Members, nor does the Company inquire into the backgrounds of its Members or attempt to verify the statements of its Members. In no event shall the Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members, particularly if you decide to meet offline or in person.
We reserve the right at any time to charge fees for access to new Service content or services or to portions of the existing Service content or services or to the Service as a whole. In no event will you be charged for access to any Service content or service, or to the Service as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services.
Following are some basic rules that apply to the Service and that you agree to follow. If you violate any of the Service rules, or if we have reasonable grounds to so believe, we have the right to deny you access to the Service, to suspend or terminate your membership and to refuse to provide you with any future membership.
A Public Area ("Public Area") of the Service is any area where you may submit material ("Submissions") for viewing by others or view Submissions of other users, such as bulletin boards, forums, personals, Member profiles, chat rooms or video chat rooms. In some of these areas, a Submission includes the name, ID, nickname, and/or other information that would be displayed with the submitted material, as applicable. You agree to use Public Areas in accordance with this Agreement and any policies for the Public Areas that are displayed on the Service.
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. The Company shall not be responsible for any information, software, or links found at any other World Wide Web site, Internet location, or source of information, for your use of such information, or for e-commerce transactions conducted at or through any linked site or location.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MATERIAL AND/OR DATA DEVELOPED BY THE COMPANY OR BY THIRD PARTIES ("INFORMATION PROVIDERS"), IS AT YOUR SOLE RISK. THE SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY AND THE INFORMATION PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY AS TO RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION, THAT THE SERVICE IS ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE AND THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE COMPANY OR OTHERWISE THROUGH YOUR USE OF THE SERVICE SHALL CREATE ANY WARRANTY ON THE PART OF THE COMPANY OR THE INFORMATION PROVIDERS. FURTHER, THE COMPANY AND THE INFORMATION PROVIDERS DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF ANY CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE.
IN NO EVENT SHALL THE COMPANY, THE INFORMATION PROVIDERS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY CHANGES TO THE SERVICE OR THIS AGREEMENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR THE SERVICES, CONTENT OR MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF THE COMPANY OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, AND INDEMNIFICATION PROVISIONS SET FORTH IN THIS AGREEMENT REPRESENT AN AGREED UPON ALLOCATION OF RISK AND FORM AN ESSENTIAL PART OF THE BASIS OF THEIR BARGAIN, WITHOUT WHICH THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT OR PROVIDE THE SERVICE.
The contents of the Service, including text, software, photos, graphics and all other audiovisual elements are copyrighted by the Company individually and as a collective work under the United States copyright laws. Except for material in the public domain, the Company and its licensors hold copyrights to all content appearing on the Service. The Company permits, without charge, the reproduction and distribution of materials contained on the Service for non-commercial educational and personal uses only, provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright notice appearing on such materials. All other reproduction, distribution, retransmission, modification, public display, and public performance of such materials are prohibited without the prior written consent of the Company. To obtain such consent, contact:
HotMenHookUps.com / Martin Benson Enterprises LLC
E-mail: support@HotMenHookUps.com
HotMenHookUps.com / Martin Benson Enterprises LLC
E-mail: support@HotMenHookUps.com
You agree to hold harmless the Company, its Information Providers and any other person or entity involved in creating or distributing the Service, as well as each of their respective parents, affiliates or subsidiaries and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys' fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of Members, anyone using your account's) use of, or conduct with respect to, the Service.
You agree that the Company may change the terms and conditions of this Agreement, unilaterally, and at any time, by conspicuously posting notice of such change on the Service for a period of five (5) consecutive days. Continued use of the Service after such notice will constitute your acknowledgment and acceptance of the revised terms and condition.
This Agreement contains the complete and final statement of the understanding between you and the Company with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and the Company concerning the subject matter of this Agreement. If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement which shall remain in full force and effect and be enforced in accordance with its remaining terms. The waiver by the Company of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of the Company to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including, without limitation, the Site Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Governing Law, and General sections of this Agreement.





