Terms of Use

These Terms of Service (hereinafter "Terms") govern your access and use of services on Hotskoop.com websites and mobile applications (hereinafter "Services"). Your access to the use of the Services is conditioned on your acceptance and compliance with these Terms. By signing up, using and accessing the Services, you agree to be bound by these Terms.

Basic Terms

Parties: "You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses and in any way uses the Services. "We", "us", and "our" refer to Hotskoop and Hotskoop.com, a Delaware Corporation.
Content: "Content" refers to any text, image, photo, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, skoops, likes, shares, invitations, Hot Tips, Hot Coupons, Hot Deals, check-ins, messages, and any information that you publicly display or is displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "Our Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than Hotskoop or its users, which is made available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Hotskoop Content

Changes to Terms of Use: At any time, Hotskoop may change and or modify the Terms of Service. You agree and understand that these Terms, and Hotskoop's Services may be modified by Hotskoop at any time without prior notice, and such modifications will be effective upon Hotskoop's posting of the new terms and/or upon implementation of the new changes on the Hotskoop.com website. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of Hotskoop's Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Hotskoop, any new features, new services, enhancements or modifications to the Hotskoop Service implemented after your initial access to the Service will be subject to these Terms.
Registration and Security

Personal Account

A "Personal Account" is an account for your personal, non-commercial use only, and may be used to submit, post, and transmit reviews, ratings, messages, invitations, commentary, photographs, Hot Tips, Hot Coupons, Hot Deals and other types of User Content. When creating or updating your Personal Account, or by using your Twitter or Facebook logins, we ask that you provide complete and accurate information about yourself. Notwithstanding the foregoing, you may not impersonate someone else, provide an email address that is not your own, or create multiple Personal Accounts. Personal Accounts may not be used to write or respond to skoops on businesses which you own or are otherwise affiliated. Personal Accounts also may not be used to write or respond to skoops on businesses in direct competition with businesses which you own or are otherwise affiliated.

Business Account

A "Business Account" is an account to be used solely for the purpose of representing your business in connection with the Service. In creating or updating a Business Account, you must be an authorized representative of the business, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must close your Business Account immediately.

Use of Site

To access or use the Service, you must be 18 years of older and have the requisite power and authority to enter into the Terms of Service. If you are under 18 years old, or the applicable legal age in your jurisdiction, you may use the Hotskoop Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service.
Subject to the restrictions on use and on posting set forth in these Terms, you may: (1) use Hotskoop to solicit reviews from, and share reviews with other Hotskoop users; (2) search the Hotskoop database for reviews and business contact information; (3) forward reviews to people you personally know, whether or not they are existing Hotskoop users (and subject to applicable law); (4) invite people you personally know to join Hotskoop; and (5) view and use the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Hotskoop Service ("Content"), and other items displayed on the Hotskoop Site, for your own personal use. The above uses are in each case subject to applicable law. You understand that by using the Hotskoop Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hotskoop be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit to the Hotskoop Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, or its accuracy.

Privacy

You represent that you have read and understood Hotskoop's Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (1) take action regarding suspected illegal activities; (2) enforce or apply our Terms of Service and Privacy Policy; (3) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (4) protect our rights, reputation, and property, or that of our users, affiliates, or the public.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Hotskoop account, which you may not be able to opt-out from receiving.

Ownership

As a Hotskoop user, you retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Hotskoop a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Hotskoop owns Hotskoop's Content, including but not limited to the design, visual interfaces, interactive features, mobile features, mobile interface, mobile design, graphics, statistics, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. Hotskoop also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights (hereinafter "IP Rights") associated with Hotskoop's Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Hotskoop's in whole or in part except as expressly authorized by Hotskoop . Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and Hotskoop Content are retained by us.

Payments

If you make a payment on Hotskoop or redeem points, you agree to our Payment Terms.

Translation

You understand that Hotskoop may translate these Terms into another language for ease of use. However, if any discrepancies arise amongst the different versions, it will be resolved in favor of the English version.

Restrictions

Hotskoop reserves the right at all times to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. This is not an obligation by Hotskoop. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (1) satisfy any applicable law, regulation, legal process or governmental request, (2) enforce the Terms, including investigation of potential violations hereof, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to user support requests, or (5) protect the rights, property or safety of Hotskoop, its users and the public.
You agree that you will not use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Hotskoop Site and/or Hotskoop Service; modify, adapt, translate, create any derivative work of, or reverse engineer any portion of the Hotskoop Site and/or Hotskoop Service ; access, retrieve or index any portion of the Hotskoop Site and/or Hotskoop Service for purposes of constructing or populating a searchable database of business reviews, or for any other commercial or business purpose; collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share a review or Hot Tip with other Hotskoop users or members on the Hotskoop Site in accordance with these Terms of Service; create any user account by automated means or under false or fraudulent pretenses; create or transmit unwanted electronic communications such as "spam" to other users or members of the Hotskoop Site and/or Hotskoop Service or otherwise interfere with other user's or member's enjoyment of the Hotskoop Site and/or Hotskoop Service; transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working or functionality of the Hotskoop Site and/or Hotskoop Service, or otherwise attempt to interfere with the proper working or functionality of the Hotskoop Site and/or Hotskoop Service.

Rights

We may use your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content. As such, you hereby irrevocably grant Hotskoop a world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use your Content for any purpose. You also irrevocably grant the users of the Service and any others the right to access your content in connection with their use of the Service and any other media. Finally, you irrevocably waive, and cause to be waived, against Hotskoop and its users any claims and assertions of moral rights or attribution with respect to Your Content.
By using a Facebook or Twitter login for your Hotskoop account, you explicitly grant Hotskoop your consent to use and retain your photograph, your name, interests, email and friend list from said third party website. By sharing or publicizing any of your Hotskoop content or activities on a third party website, you explicitly grant your consent to share and publicize your information on the third party website. Sharing and publicizing occurs when you allow the Hotskoop application to post information on the third party website.

Termination

You may terminate the Terms of Service at any time by closing your Hotskoop account, discontinuing your use of the Service, and providing Hotskoop with a notice of termination at admin@hotskoop.com. If you close your account, we may continue to display Your Content where it is associated with other users or businesses.
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information.

Copyright Policy

Hotskoop respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (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 us to locate the material; (4) your contact information, including your address, telephone number, and an email address; (5) a statement by you that you have 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; and (6) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOTSKOOP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; AND (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HOTSKOOP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE

Indemnity

You agree to defend, indemnify and hold Hotskoop, its parents, subsidiaries, affiliates, officers, agents and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (1) your use of or access to the Hotskoop Site, (2) your use of or access to the Hotskoop Service, (3) the violation of these Terms of Service by you or any third party using your account or User ID or password, and (4) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity. Hotskoop reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Hotskoop. Hotskoop will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hotskoop of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of Hotskoop to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Effective May 25, 2011