TERMS OF SERVICES FOR CLIENTS AND WRITERS OF HOTCOPY ASIA
TERMS OF SERVICE FOR CLIENTS
Effective Date: May 26, 2016
THIS WEBSITE, AND ALL OF ITS APPLICATIONS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, IS AN ONLINE SERVICE PLATFORM AND SERVICE OWNED AND OPERATED BY HOTCOPY ASIA. (herein referred to as “Site”).
The current owner of this Site is:
HOT COPYWRITING LTD. (herein referred to as “HotCopy Asia,” “we,” or “us”)
51 Malone Road
Belfast BT9 6RY
PLEASE READ THESE GENERAL TERMS OF SERVICES (“TERMS OF SERVICES”) CAREFULLY BEFORE USING, ACCESSING, OR VIEWING THIS SITE, ITS CONTENTS OR ANY SERVICES OFFERED BY THIS SITE. THIS SITE AND THE SERVICES ON THIS SITE ARE SUBJECT TO THESE TERMS OF SERVICE.
BY USING, VIEWING, OR ACCESSING THIS SITE OR ANY PAGES THEREOF OR PRODUCTS OR SERVICES OFFERED BY THIS SITE, OR PRINTING, DOWNLOADING, OR OTHERWISE USING, VIEWING, OR ACCESSING ANY SERVICE FROM OR ANY CONTENT AVAILABLE ON OR THROUGH THIS SITE, OR REGISTERING OR BECOMING A MEMBER OF THIS SITE, OR IF PRESENTED WITH A CHECK BOX AND STATEMENT THAT REQUESTS THAT YOU (“YOU,” “CLIENT”) CONFIRM YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND WHEN YOU CHECK THE CHECK BOX, YOU EXPRESSLY SIGNIFY YOUR ASSENT TO, UNDERSTANDING OF, AND AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS OF SERVICES. IT IS THE EQUIVALENT OF MANUALLY SIGNING A PAPER COPY AND ENTERING INTO A LEGALLY BINDING CONTRACT BETWEEN YOU AND HOTCOPY ASIA. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICES, PLEASE DO NOT ACCESS, USE OR REGISTER WITH THIS SITE OR ANY PRODUCTS OR SERVICES OFFERED BY THIS SITE, OR WHEN PRESENTED WITH A CHECK BOX AND A STATEMENT THAT REQUESTS THAT YOU CONFIRM YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE, DO NOT CHECK THE CHECK BOX.
I. Nature of this Site
1. This Site offers a platform for Clients or people who would like to purchase Content, Products or Services ("Content", “Services”) to be written, produced or carried out by HotCopy Asia. The Client may order Services via this Site with HotCopy Asia, that fulfill the requirements of the orders as stated by Client.
2. Please carefully read Sections XIV and XV of these Terms of Services for our disclaimer of warranty and our limitation of liability.
II. Updates and Revisions of our Terms of Services
Updates and Revisions of our Terms of Services
This Site may revise and update its Terms of Services at any time without notice by posting such revised or updated Terms of Services on or at this Site. For registered Clients, HotCopy Asia shall provide notice about any revisions or updates by sending such notice via email to the email address listed in your Client account. Any changes to these Terms of Services will become effective upon posting such revisions or updates. You are required to periodically check our Terms of Services for any changes if you continuously use this Site. Your continued usage of this Site or any of its goods and services will mean that you accept those changes.
III. Access to this Site; Registration
1. To access this Site or some of the Content or Services it offers or provides you with, you need to first register with this Site and provide us with certain registration data (name, address, email address, etc.) or other information. Such a registration is in particular necessary if you want to order Content or Services from us through this Site.
2. After registration, we may verify the email address you provided us with and open a Client account on this Site for you.
3. This Site may contain features that require registration (e.g., when you register for an account). You agree that the registration data or other information you provide to us MUST be accurate, current, and complete. If this turns out not to be the case or if we suspect that this is not the case, we have the unconditional right to terminate or suspend your access to this Site or any of its Content or Services or account, and to terminate or suspend your access to, use of, or membership with this Site, Content, or Services at any time.
4. We have the right to reject your application for registration with this Site or terminate your account for any reason or no reason, with no liability to you. It is left to our sole discretion if we want to accept the application by a Client or any other applicant to be registered with this Site.
5. HotCopy Asia reserves the right at any time, and from time to time, to modify, suspend, block, terminate, or discontinue, temporarily or permanently, the Site, Content, or Services, or any portion thereof, with or without notice. You agree that HotCopy Asia will not be liable to you or to any third party for any modification, suspension, blocking, termination, or discontinuance of the Site, Content, or Services.
6. You represent and warrant that these Terms of Service have been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; that the execution, delivery and performance by you of this Terms of Service are within your legal capacity and power; have been duly authorized by all requisite action on your part and do not require the approval or consent of any other persons, and that your execution of these Terms of Service do not conflict with or result in any breach or violation of any terms or conditions of, or constitute a default under any instrument, contractor, or other agreement to which you are a party.
7. In the event you violate these Terms of Service, we will have the right to terminate or suspend your account, terminate or suspend your membership and deny you access to our Site, or the Content, or Services, with no liability for us to you.
IV. Ordering Contents, Products and Services
You may order Content via a guest or registered account (“Order”). You may choose from a collection of services or packages HotCopy Asia offers, then decide the categories, topics, themes, and issues of the Content or Service and indicate the number of words the writer must write for which you will be charged, along with other variables and information.
2. You represent and warrant that you will not order any Contents or submit any Orders that contain any information, data, content, audio or visual materials, content, video, or image, that (i) violate a third party’s rights, including without limitation, Proprietary Rights or privacy rights; (ii) are pornographic, obscene, indecent, slanderous, libelous, defamatory, fraudulent, untrue, inaccurate, misleading, hateful or unlawfully threatening, abusive, harassing, violent, sexually explicit, nude, or in any way degrading to human nature or harmful or indecent to minors; (iii) violate any laws statutes, codes, rules, ordinances or regulations of any jurisdiction or promote illegal activities; (iv) discriminate based on race, sex, religion, nationality, disability, sexual orientation, or age; (v) include any of HotCopy Asia’s trademarks, service marks, trade names or logos, without HotCopy Asia’s prior written consent; (vi) include or link to any program, file, data stream or other material that contain viruses, worms, trojan horses, date bombs, time bombs, corrupt files, or disabling code, or any other items of a destructive nature or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications software or hardware; (vii) contain any unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation or conduct or forward surveys; and (viii) are homework or academic materials, papers, journals, or articles.
3. In case of violation, we will have the right to close your account, terminate your membership and deny you further access to our Site, Content, or Services. We reserve the right to reject your Order for any reason or no reason without liability to you, including with limitation, if your Order breaches or violates these Terms of Service or any terms and conditions on the Site.
V. Delivery of the Ordered Content or Service: Approval / Revision / Rejection by the Client
1. A Client will approve or reject the Content delivered by HotCopy Asia. A Client’s rejection of the Content needs to be provided in accordance with Section V.2. below.
2. A Client may reject the Content if the Content does not (i) comply with the criteria or requirements of the Order, or (ii) the quality of the Content was not at the standard ordered by the Client; provided for Subsections (i) and (ii), such Client has provided the Writer with at least one opportunity to correct the Content in accordance with Section V.3. below. For clarity, a Client cannot reject a Content until it has provided HotCopy Asia with at least one opportunity to correct or improve the Content (a “Revision Request”). We have the right but not the obligation to check the Client’s rejection of the Content to determine whether it is in compliance with this Section. We may accept a rejection of the Content from the Client if: (a) the rejection is based on the terms of the original Order or on circumstances that are known or would have been known to us; (b) the Client reasonably describes why such terms or circumstances have not been met; or (c) such Client has made at least one Revision Request in accordance with Section V.3. below and we have failed to correct or improve such Content in compliance with such Section V.3. If, in our sole discretion, we consider such rejection by the Client to be unjustified, we may charge the Client’s account for the development of the Content as if the Content was approved by the Client. You agree that HotCopy Asia may make the final decision as to whether the Client’s rejection of the Content is justified and you agree to accept such decision as final and binding on you.
3. Subject to Section V.4. below, the Client may make one or more Revision Requests to the delivered Content to (i) comply with the criteria or requirements of the Order, or (ii) comply with the quality standard of the Content ordered by the Client. In this case, the Client must clearly and specifically describe in detail what exactly the Client wants changed or improved in the Content and submit such request to HotCopy Asia. If we fail to modify or improve (or any iterations thereof) the Content in accordance with such Revision Request(s), the Client may reject the Content entirely, in which case the Client’s account will not be deducted for the fees to develop the Content. You agree that HotCopy Asia may make the final decision as to whether the Client’s rejection of the Content is justified, and you agree to accept such decision as final and binding on you.
4. The Client typically has 7 days (including weekends and public holidays) from the time the Client receives the Content or Service delivered in its account to reject or accept a Content, or make a Revision Request. If the Client does not reject the delivered Content or Service; or make a Revision Request within such timeframes, HotCopy Asia will irrevocably deem the Content to be accepted by the Client and no further revisions or refund requests will be entertained. HotCopy Asia can notify you via email when Content or Service is delivered (although such notifications may be turned off by you); however, please check your account regularly for completed Content – HotCopy Asia shall have no liability for notifying you when Contents and Services are delivered.
VI. Grant of Rights to the Client
1. Subject to payment in full of the fees to develop the Contents Ordered by the Client, HotCopy Asia hereby grants to the Client a worldwide, sole and exclusive, license and right to publish, perform, display, reproduce, distribute, modify, create derivative works and sell the delivered and approved Content Ordered by the Client in any type of media, including, but not limited to, print and/or online media, in whole or in part, via all electronic, online, or any other media, now known and hereafter developed, throughout the world. Until a Content that the Client Ordered is (a) approved by the Client or deemed approved; and (b) paid by the Client in full, the Client has no rights whatsoever in the Content Ordered by the Client. HotCopy Asia reserves the right to enforce all violations of these Terms of Service for Client against Client.
For each submitted and accepted Content, the Client will pay us a one-time payment for our services rendered.
You agree that HotCopy Asia may charge and you will pay a processing fee and a commission in addition to the amount owed to the us, both of which will be included in your final price. Unless otherwise agreed, in order to be eligible to Order a Content, Product or Service, you must pre-pay all amounts set forth in this Section into your account, and such amounts will be reserved but will not be deducted until the Content is delivered and approved by you or deemed approved within 7 days. You are responsible for payment of all applicable taxes and fees, whether collected by HotCopy Asia or not, except for any taxes on HotCopy Asia’s nett income.
Contents, Products and Services purchased on the Site with the use of discount or promotional codes, vouchers, coupons or gift cards are not entitled for refunds at all times.
IX. Prohibited Use of this Site
The Contents, Site, and the Content (defined below) and Services are the sole and exclusive property of HotCopy Asia and/or its licensors, including without limitation, all updates, improvements, corrections, modifications, alterations, revisions, extensions, updates, upgrades, patches, fixes, enhancements and derivative works of and to any of the foregoing irrespective of who performs same, and all patents, copyrights, moral rights, trademarks, service marks, logos, trade dress, database rights, trade secrets, and or other intellectual property rights, industrial rights, or intangible rights and other proprietary rights in or to any of the foregoing (“Proprietary Rights”). Other than the Contents you Order and accept from this Site, you agree not to reproduce, republish, upload, post, duplicate, distribute, modify, copy, alter, distribute, create derivative works from, sell, resell, transmit, transfer, display, download, perform, license, assign or publish, or exploit for any commercial purpose, any portion of the Site, Content or Services other than as expressly authorized by HotCopy Asia in writing, including without limitation, posting or transmitting any advertising, sponsorships, or promotions on, in or through the Site, the Content or Services. You will be obligated to immediately destroy any information or Content you have downloaded, printed or otherwise copied from this Site. Use of the Site, and the Content and Services in any way not expressly permitted by these Terms is prohibited and may be actionable under UK or international law. “Content” means any and all content, comments, views, information, data, content, video, image, captions, music, sound, graphics, photos, software and software as a service offering (“Software”), interface, code, audio, sound, music, audio visual combinations, interactive features, feedback, documentation, photographs, discussions, news, articles, messages, postings, listings, and other materials, viewed on, accessed through, displayed on, posted to, transmitted, streamed, or distributed or otherwise made available through the Site, Services or the Communication Services (defined below) by users or other third parties.
You agree not to access the Site, and the Content and Services through any technology or means other than through the Site or other explicitly authorized means that HotCopy Asia may designate. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site, Content, or Service. HotCopy Asia reserves the right to remove or suspend access to the Site, and the Content and Services for any reason or no reason without prior notice.
Other than the Content you Order and accept from this Site, you agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Site, and the Content and Services. You agree not to collect or harvest any personally identifiable information from the Site or Services or the Writers or other users, nor to use the communication systems provided by the Site or Services (e.g., comments) for any commercial solicitation purposes. You agree not to solicit for commercial purposes any users of the Site or the Services. In your use of the Site, Services or Content, you will comply with all applicable laws, regulations, rules, decrees, and ordinances.
You understand that when using the Site or Services, you will be exposed to Content and Contents from a variety of sources, and that HotCopy Asia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content or the Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, obscene, indecent, objectionable, sexually explicit, or that contains nudity, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HotCopy Asia with respect thereto.
You agree that the following actions are prohibited and constitute a material breach of these Terms of Service. This list is not meant to be exhaustive, and HotCopy Asia reserves the right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, HotCopy Asia or its designee may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that when using the Site, Content or Services on the Site, you will not:
1. Use the Site, Content or Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
2. Violate any code of conduct or other guidelines or terms that may be applicable for any particular Communication Service.
3. Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Site.
4. Aggregate, copy, duplicate, publish, or make available any of the accepted Contents, Content or Services or any other materials or information available from the Site to third parties outside the Site in any manner or any other materials or information available from the Site, except as permitted herein.
The Site may contain areas for you to leave comments or feedback, send emails, chat with users, bulletin board services, focus groups, forums, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with HotCopy Asia, its Editors and the Writers of the Site (collectively, "Communication Services"). The opinions expressed in the Communication Services reflect solely the opinion(s) of the users and may not reflect the opinion(s) of HotCopy Asia. You acknowledge that your submissions to the Site may be or become available to others. You agree only to post, send and receive messages and materials that are in accordance with these Terms and related to the particular Communication Service.
Your use of the Software on the Site is subject to all agreements such as a license agreement or Terms of Service that accompanies or is included with the Software, documents, exhibits, and other terms and conditions that apply ("License Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal or internal business use in connection with your use of this Site, and informational and non-commercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.
If you download Software from the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. We retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
X. Third-Party Fees
You acknowledge that access to this Site may involve third-party fees, such as Internet service provider or connection charges. You are solely responsible for these fees. In addition, you must provide and are responsible for all equipment necessary to access and use this Site or the Internet.
XI. Links and Third-Party Advertising
XII. Usernames and Passwords
If a username or password is given to you by HotCopy Asia, they shall remain the sole and exclusive property of HotCopy Asia and are issued to you only in the form of a revocable license. You are required to keep the username and password confidential and are fully responsible for all uses of your password and transactions conducted in your account whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify HotCopy Asia of any unauthorized use of your password or account or any other breach of security. HotCopy Asia is authorized to act on instructions received through use of your password and is not liable for any loss or damage arising from your failure to comply with this Section. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site, Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, Service or the Content therein. HotCopy Asia reserves the right to take appropriate steps against any person or entity that intentionally provides false or misleading information to gain access to portions of the Site that would otherwise be denied.
XIII. Copyright and Trademark Protection
Other than the Contents you Order and accept from this Site, you acknowledge and agree that, as between HotCopy Asia and you, all right, title, and interest in and to the Site, and the Content and Services including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by HotCopy Asia or its licensors, are valid and enforceable, and are protected by intellectual property laws and other applicable laws. Any attempt to use, redistribute, reverse engineer, or redesign the code, videos, graphics, applications, or modules contained on the Site for any other purpose is prohibited. HotCopy Asia and its licensors reserve all rights not expressly granted in and to the Site, Service and Content.
1. Copyright Protection
Other than the Contents you Order and accept from this Site, as between you and HotCopy Asia, you acknowledge and agree that this Site, all works, unaccepted Contents, Services, and Content included, contained or offered on or through this Site, in particular all literary works, pictorial and graphical works, content, graphics, logos, media, animation, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format and other information and materials are the property of HotCopy Asia or its content suppliers and are protected by national and international copyright laws. The aforementioned copyright protection also refers to compilations or all forms of alteration of all Content on this Site. We reserve the right to report and prosecute offenders of our copyrights to the fullest extent possible under applicable law. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Site, Service and Content are strictly prohibited. Notwithstanding the foregoing, your rights with respect to copyrights of Contents are governed by Section VI. of these Terms of Services.
2. Trademark Protection
All logos, slogans, trade names and trade dress and other trademarks and service marks used on this Site (“Marks”) are proprietary to HotCopy Asia or its licensors protected by national and international trademark and service mark laws. These Marks may not be used except with express written permission from the owner of these Marks. Without limiting the foregoing, “HotCopy Asia” is the registered trademark of HotCopy Asia. Unauthorized use of any trademark of HotCopy Asia may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation by HotCopy Asia. You are not allowed to do anything that may cause confusion among consumers with respect to the aforementioned trademarks and service marks.
XIV. Disclaimer of Warranty
THIS SITE AND THE SERVICE OF THIS SITE AND ALL CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF A THIRD PARTY’S RIGHTS, OR FREEDOM FROM COMPUTER VIRUS OR DISABLING OR HARMFUL CODE, OTHER THAN THOSE THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW IN YOUR JURISDICTION. YOU EXPRESSLY AGREE THAT USE OF THIS SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIS SITE OR THE EMPLOYEES OR AFFILIATES OF THIS SITE SHALL CREATE OR IMPLY A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LIABILITY OF HOTCOPY ASIA.
HOTCOPY ASIA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY OTHER WEBSITE THAT YOU MAY ACCESS THROUGH THIS SITE. WHEN YOU ACCESS THIS SITE THROUGH ANOTHER WEBSITE, PLEASE BE AWARE THAT IT IS COMPLETELY INDEPENDENT; HOTCOPY ASIA HAS NO CONTROL OVER THE CONTENT ON THAT OTHER WEBSITE. HOTCOPY ASIA IS NOT RESPONSIBLE TO YOU FOR ANY TRANSMISSION, DOWNTIME, ACCESS, OR AVAILABILITY PROBLEMS OF THIS SITE OR THE CONTENT. HOTCOPY ASIA DOES NOT WARRANT THAT THIS SITE OR ITS SERVICES OR CONTENT AND YOUR USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS THEREIN OR THERETO WILL BE CORRECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA THAT YOU MAY FIND IN OR ON THIS SITE. YOU EXPRESSLY AGREE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE BACK-UP OF YOUR DATA AND INFORMATION AND CONTENTS AND IN NO WAY WILL HOTCOPY ASIA BE LIABLE FOR ANY LOSS, DESTRUCTION, OR CORRUPTION OF YOUR DATA OR INFORMATION OR CONTENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, HOTCOPY ASIA EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL, CONFIDENTIAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES OR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT OR CONTENT OR THE USE OF ANY CONTENT OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR SITE. HOTCOPY ASIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, APPLICATIONS, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR SITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOTCOPY ASIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND WRITERS AND ANY OTHER USERS OR THIRD-PARTY PROVIDERS OF PRODUCTS, APPLICATIONS, OR SERVICES.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content, Services, or access to the Site is free of viruses, disabling, or other harmful code.
XV. Limitation of Liability
1. IN NO EVENT WILL HOTCOPY ASIA OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, AND THE SUCCESSORS AND ASSIGNS OF SAME (“REPRESENTATIVES”) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR:
o ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES, EXPENSES, DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA, OR INFORMATION, SOFTWARE, AND THE LIKE, ARISING OUT OF THE USE OR PERFORMANCE OF, OR INABILITY TO USE THIS SITE, THE CONTENTS, CONTENT, MATERIALS OR ANY INFORMATION, SERVICES OR TRANSACTIONS PROVIDED OR OFFERED ON OR THROUGH THIS SITE OR DOWNLOADED FROM THIS SITE OR YOUR ACTS OR OMISSIONS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE OR ANY OTHER THEORY, EVEN IF HOTCOPY ASIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY; AND
o ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR ON THIS SITE, CONTENT, CONTENT, THE MATERIALS, SERVICES, SOFTWARE AND/OR LISTINGS OR INFORMATION DOWNLOADED, PROVIDED, OR OFFERED THROUGH THIS SITE.
IN NO EVENT SHALL HOTCOPY ASIA’S AND ITS REPRESENTATIVES’ MAXIMUM TOTAL AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, THE SITE, OR CONTENT, CONTENT, MATERIALS, SERVICES, OR PRODUCTS PROVIDED ON OR THROUGH THE SITE EXCEED THE TOTAL AMOUNT OF COMMISSIONS ACTUALLY RECEIVED BY HOTCOPY ASIA FOR THE SERVICES THAT HOTCOPY ASIA PROVIDED TO YOU, IF ANY, DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT THAT GAVE RISE TO SUCH LIABILITY.
BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, HOTCOPY ASIA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
2. HOTCOPY ASIA OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR ANY OF THE CONTENTS ONCE IT IS ACCEPTED BY THE CLIENT PAST SEVEN FULL DAYS REVISION WINDOW. THIS SITE IS IN NO WAY RESPONSIBLE FOR ANY CONSEQUENCE(S) IF ANY OF THE CONTENTS ARE REJECTED OR DENIED ACCORDING TO THIS SITE’S STANDARDS OR DISCRETIONS OR IF THE CONTENTS ARE NOT PUBLISHED LATER.
3. HOTCOPY ASIA OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR THIRD-PARTY SERVICES OFFERED ON OR USED BY HOTCOPY ASIA. THE RESPECTIVE THIRD PARTY IS SOLELY RESPONSIBLE FOR ITS OWN SERVICES E.G. A THIRD PARTY PAYMENT PROVIDER. WE DO NOT WARRANT OR REPRESENT ANY OF ITS SERVICES IN ANY WAY OR FORM.
4. YOU SPECIFICALLY ACKNOWLEDGE THAT HOTCOPY ASIA SHALL NOT BE LIABLE FOR THE CONTENT OR CONTENT IN ANY WAY OR THE DEFAMATORY, INDECENT, OFFENSIVE, OBSCENE, INDECENT, SEXUALLY EXPLICIT, PORNOGRAPHIC, NUDE, OR ILLEGAL MATERIALS, DATA, OR INFORMATION CONTAINED IN THE CONTENT OR CONTENT SUBMITTED BY YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify, and hold harmless HotCopy Asia, its officers, directors, shareholders, representatives, employees, affiliates, licensees, partners, independent contractors, telecommunication providers, and agents, and others acting in concert with it, from and against any and all claims, losses, liabilities, damages, obligations, demands, debts, and expenses and other costs, including, without limitation, reasonable legal, attorneys’ and accounting fees, arising out of or otherwise related to these Terms Of Services, including, without limitation, (a) any breach or violation by you of these Terms Of Services and any other terms set forth on the Site, including without limitation, the representations and warranties herein; (b) any breach or violation by you of any applicable laws, statute, codes, rules, ordinance or regulation of any jurisdiction; (c) your Orders, Contents, or your non-payment for delivered and accepted Contents; (d) any claim that your Orders or Contents or the content therein or your conduct caused damage to a third party or HotCopy Asia, including without limitation, breach, infringement, misappropriation, or violation of a third party’s rights or the rights of HotCopy Asia, including without limitation, Proprietary Rights or rights of publicity or privacy or contract rights or that the Contents contain any libelous, defamatory, obscene, indecent, or sexually explicit materials; or (e) your use of the Site, Content, Contents, or Services or your acts or omissions with respect thereto. HotCopy Asia will notify you by e-mail of any such claim or suit, and cooperate, at your expense, in the defense of such claim or suit. HotCopy Asia may participate in the defense of such claim or defense at its own expense, and choose its own attorney or other legal counsel, but is not forced or obligated to do so.
XVII. Force Majeure
HotCopy Asia is and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond HotCopy Asia’s reasonable control, including but not limited to:
· Acts of God, such as fire, flood, earthquakes, hurricanes, accidents, tropical storms or other natural disasters;
· War, riot, arson, embargoes, acts of civil or military Writerity, or terrorism;
· Fiber cuts or any other interruption to internet service;
· Strikes, or shortages in transportation, facilities, fuel, energy, labor or materials;
· Failure of the telecommunications or information services infrastructure or utilities;
· Governmental act, failure of or interruption in common carriers; and
· Hacking, SPAM, or any failure of a computer, server or software.
XVIII. No Agency Relationship
Nothing in these Terms of Services shall be deemed to constitute, create, imply, give effect to, or otherwise recognize an agency, partnership, employment, joint venture or formal business entity of any kind between the Writer and the owner of this Site. The rights and obligations of the parties shall be limited to those expressly set forth herein. There are no third party beneficiaries under these Terms of Service, including without limitation, the Writers. HotCopy Asia is an independent contractor.
XIX. Termination of Account / Maintenance Fee After 2 Years of Inactivity
Without limiting any other rights or remedies HotCopy Asia may have under these Terms of Services, at law and in equity, HotCopy Asia may issue a warning or terminate your account or your access to or use of this Site, the Content, or Services or these Schedule of Services at any time, with or without advance notice, if:
· We believe that you have breached any term of these Terms of Services or any other terms on this Site;
· There has been any unauthorized conduct by you or misuse of this Site, the Services or Content;
· We are unable to verify or authenticate any information you provide to us;
· We decide to stop operating this Site entirely or parts thereof.
You agree and acknowledge that neither HotCopy Asia nor any third party acting on our behalf shall be responsible or liable to you for any termination of your membership or account or access to this Site. After termination by us, re-registration of you as a user of this Site is strictly forbidden unless permitted in writing by us. HotCopy Asia and its affiliates disclaim any and all liability or responsibility arising from fraudulent access to and use of this Site. In case of fraud, we reserve the right to take all necessary and appropriate actions under applicable federal, state, and international laws.
XXI. Exclusion of Certain International Provisions
HotCopy Asia and you agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Services.
XXII. Rights to Injunctive Relief
HotCopy Asia and you acknowledge and agree that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach of these Terms of Services, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
XXIII. Attorney’s Fees
In the event any party (you or HotCopy Asia) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms of Services or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
These Terms of Services will be binding upon the permitted successors and assigns of the Client, and any successor or assignee of HotCopy Asia. Any such successor or assignee of HotCopy Asia will be deemed substituted for HotCopy Asia under the terms of this Terms of Services for all purposes. For this purpose, "successor" means any person, firm, corporation, or other business entity that at any time, whether by purchase, merger, or otherwise, directly or indirectly acquires all or substantially all of the assets or business of HotCopy Asia. None of the rights of the Client may be assigned or transferred without the express prior written agreement of HotCopy Asia, which agreement shall not be unreasonably withheld. Any attempted assignment, transfer, conveyance, or other disposition of the Client's rights or obligations in contravention of this paragraph will be null and void and of no effect.
If any provision of these Terms of Services shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these Terms of Services will continue in full force and effect.
XXVI. No Waiver
Failure by either party to enforce any provision of these Terms of Services will not be deemed a waiver of future enforcement of that or any other provision, unless made in writing and signed by the party to whom the waiver is to be enforced against. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.
Section and subsection headings of these Terms of Services are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
XXVIII. Entire Agreement
These Terms of Services constitute the entire agreement between HotCopy Asia and you with respect to your access and use of this Site and the Content and Services contained therein, and your membership with this Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms of Services shall be binding unless in writing and signed or approved by HotCopy Asia. You acknowledge, represent and warrant that you have read these Terms of Services and agree to be bound by them as part of and in consideration of using this Site and, if you have become a member of this Site, of your membership. HotCopy Asia’s rights and your obligations hereunder shall survive the termination of these Terms of Service.
XXIX. Governing Law and Disputes
These Terms of Service shall be governed by, and will be construed under, the laws of the United Kingdom, without regard to choice of law principles. You irrevocably agree that any and all disputes that may arise out of, under, or in connection with these Terms of Service shall be adjudicated exclusively in the federal and state courts located in United Kingdom, and you hereby irrevocably consent to jurisdiction in those courts for such purposes. You further agree to waive any objection to venue in such courts and any objection to such courts based on the ground of inconvenient forum. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THESE TERMS, THE SITE OR THE CONTENT OR SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.
Those who choose to access the Site from locations outside of the United Kingdom do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. HotCopy Asia does not represent that the Site, Content, or Services are appropriate outside the United Kingdom. HotCopy Asia reserves the right to limit the availability of the Site to any person, geographic area or jurisdiction at any time in its sole discretion.
XXX. Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
HotCopy Asia may, in appropriate circumstances and at its sole discretion, disable and/or terminate use of the Site, Content, or Services by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide HotCopy Asia’s Copyright Agent a Notice containing the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of an email is the best way to help HotCopy Asia locate content quickly);
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by HotCopy Asia against you, you are permitted to send HotCopy Asia a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the IPO UK; see https://www.gov.uk/topic/intellectual-property/copyright for details.
Make sure you know whether the Content that you have seen on HotCopy Asia infringes your copyright. If you are not certain what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.
XXXII. Ability to Accept Terms of Service
You represent and warrant that you are either at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority to legally enter into binding contracts, at least such age of majority for your jurisdiction), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.