TERMS OF SERVICES FOR WRITERS OF HOTCOPY ASIA
TERMS OF SERVICE FOR WRITERS
Effective Date: July 1, 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.CO (“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” OR “THE WRITER”) CONFIRM YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND 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 Writers to give them the opportunity to sell the contents, lyrics, materials, documents, content, or articles written or produced by them (“Contents”) through this Site to Clients of HotCopy Asia (“Clients”) for payment. Contents accepted by such Clients may be published by such Client on other websites or in other media or formats depending on the nature and quality of the Content.
2. The Writer is an independent contractor hired and compensated through us for his/her services rendered. See also Section XVII. We then license the Contents to Clients.
3. The Writer has no right to have his/her Content published by the Client. You acknowledge and agree that we may, in our sole discretion, reject Contents submitted by you without any explanation or reason. We, or the Client we licensed your Content to, shall have no obligation to publish any of your Content and, if published, may cease publication of any of your Contents at any time.
4. Our Client has certain approval or rejection rights against you and the original creator of the Content. For details, please see Section VI.
5. The Writer has no right to publish, distribute, or display the Client’s description of the Client’s order without the prior express written consent of the Client and hereby agrees to keep confidential all information about the order, the Content itself and the name and identity of the Client. The Writer shall be liable for any breaches of such confidentiality. At the request of HotCopy Asia, all of the information provided by HotCopy Asia and the Client (including copies and recordings) shall be returned or destroyed immediately.
6. 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
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 Writers, HotCopy Asia shall provide notice about any revisions or updates by sending such notice via email to the login email address listed in your Writer 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 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 write Contents ordered by Clients through this Site. If you would like to register for this Site, please use our online form on this Site.
2. After registration, we will verify the email address you provided us with. To be able to pick up Content jobs, you will be required to complete a Writer Application consisting of three parts: (i) complete a yes or no objective English proficiency test; (ii) complete a Content Writing Test by writing a minimum 300-word Content according to the instructions given for us to judge your content writing skills, and (ii) include a link to your résumé, portfolio, any existing published work available online with your real name clearly displayed as the author and owner. After reviewing this Writer Application, we may, at our sole discretion, fully open a Writer account on this Site for you. You will receive an initial Writer Level from us. We reserve the right to restrict the number of Contents you may write as we further evaluate your writing. We have the right but not the obligation to evaluate the quality of your Contents on an ongoing basis and at any time, and to change your Writer Level at our sole discretion. We also reserve the right to change the methodology we use to determine your quality rating at any time. You agree that you shall accept the Writer Level we determine for you, and you have no rights to damages or other remedies if we change or do not change your quality rating.
3. This Site may contain features that require registration (e.g., when you register for an account) and writer application. You agree that the registration data you provide to us MUST be unique to you, is accurate, current, complete; is not a duplicate of any existing persons using the site or otherwise, or uses fake identity or information to gain access to the Site with intention to manipulate or misuse the system in any way; and the Writer Application data you provide to us MUST be unique to you, is accurate, is your own original work, and solely belongs to you. 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, to terminate or suspend your access to, use of, or membership with this Site, Content, or Services at any time, and to refuse to pay any unpaid earnings for Contents and, if required by law, demand repayment by you of payments previously made to you for tax collection or other reasons.
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 Writer or any other applicant to be registered with this Site. You agree you will not accept requests to write academic papers or homework from Clients or Contents of a sexually explicit, indecent, obscene, or illegal nature. If you see such a request, you should notify us at [email protected]
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.
IV. Picking Up Orders / Submitting Contents
1. Upon successful Writing Application as agreed to within Section III above, the Writer may freely pick up Orders available to them via our Job Board.
You agree to accept Orders as is, and that by accepting an Order, you are legally bound and obliged to complete the Order until as/when the Client agrees to accept or reject the Content. Your failure to do so may result in a removal, deletion, block, suspension, termination, or restriction of access to your account; or deletion or modification of your Contents for any reason or no reason, at any time, in our sole discretion. Writers may pick up, accept, or work on, strictly, only one (1) Order at any one (1) time until you have completed the first submission for each Order (notwithstanding Revisions, Acceptance or Rejections by Editors or Clients); after which you may pick up, accept or work on, your next Order. As a Writer, you are required to submit Contents to us by typing or pasting them into a content box interface provided in your account.
2. You represent and warrant that:
(a) Each Content you submit to us does not infringe upon, misappropriate, breach or violate any rights of any third person, including without limitation, copyrights, moral rights, trademarks, patents, service marks, logos, trade dress, database rights, trade secret rights, privacy rights, publicity rights, libel rights, contract rights and any other intellectual property or intangible rights of any kind or nature;
(b) Your Content contains true, accurate, and complete information and data, is your own original work and you are the sole Writer of the Content, and that you and any other person mentioned or shown in your Content release any and all claims concerning HotCopy Asia’s or its designees’ use, posting, publishing, copying, modification, transmission, or distribution of the Content or any part thereof;
(c) All material, information, and data in the Content is original and previously unpublished except for material in the public domain and such excerpts from other works may only be included with the written consent of the copyright owner;
(d) You (i) either own or have all rights, title, and interest, including all intellectual property rights, in and to your Content; (ii) hold all rights, licenses, approvals, consents and releases concerning the contents of your Contents as are necessary for you to transfer and assign to and to grant to HotCopy Asia the rights transferred, assigned, or granted to HotCopy Asia under this Agreement; and (iii) hold all necessary consents, licenses, approvals, and rights to post, upload, modify, publish, distribute, or transmit your Content. You agree that you are solely responsible for your Content and the consequences of submitting, transmitting, distributing, or publishing your Submission on the Site. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part, and HotCopy Asia will not be liable for any use or disclosure of any Content;
(e) You will not publish, post, upload, distribute, disseminate, or transmit, and the Contents will not contain, any content, information, data, content, images, graphics, or materials (or a link to materials) that (i) 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; (ii) violate any laws, statutes, codes, rules, ordinances or regulations of any jurisdiction or promote illegal activities; (iii) discriminate based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) include any of HotCopy Asia’s trademarks, service marks, trade names or logos, without HotCopy Asia’s prior written consent; (v) include or link to any program, file, data stream or other material that contains 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; and (vi) 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;
(f) 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 unauthorized 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 other agreement to which you are a party, and there are no rights outstanding that would diminish, encumber or impair the enjoyment or exercise of rights and licenses granted to HotCopy Asia hereunder.
3. 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.
V. Rights Concerning Contents
4. You acknowledge and agree that your sole and exclusive compensation for your services rendered and for the rights to the Content transferred and/or granted in accordance with this Agreement are the amounts set forth at https://www.hotcopy.co/write-for-us, the amounts of which you agree are good, valuable, and sufficient consideration. As an independent contractor, you are responsible for any and all income and/or sales taxes required on freelance income. HotCopy Asia does not withhold income tax from your earnings.
5. You acknowledge and agree that, as between you and HotCopy Asia, once Contents have been accepted by Clients, HotCopy Asia and its successors and assigns are the sole and exclusive owners, in perpetuity and throughout the universe, of any and all Contents 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 therein or thereto (including without limitation, any and all improvements or modifications to or derivative works of any of the foregoing), in any state of development or form or media, that have been authored, developed, or produced by or for you (alone or with others) (collectively, “Proprietary Rights”), free of any encumbrances, liens, covenants, conditions and restrictions, registrations or other adverse claims interests of any kind or nature by you or any other person or entity. All Property Rights in and to all Contents in each case shall vest in HotCopy Asia and its Clients on the date each Content is developed or produced on a continuous basis.
6. You acknowledge and agree that your Contents are “works made for hire” for HotCopy Asia and its Clients and that HotCopy Asia and its Clients shall be deemed to be the sole “Writer” of the Content as that term is defined by the United Kingdom Copyright Act as amended or superseded and by any similar or analogous law or statute of any other jurisdiction. You agree to and hereby irrevocably and exclusively assign and transfer to HotCopy Asia and its Clients and our and their successors and assigns, without additional consideration, all right, title and interest throughout the universe in and to each and all of the Contents and the to Proprietary Rights therein (including, without limitation, all copyrights to the extent that the Content is not deemed to be a work made for hire for HotCopy Asia under the law of any jurisdiction) in perpetuity. You expressly acknowledge and agree that this is an assignment and transfer of all rights, title and interest in the Contents, including without limitation, all Proprietary Rights, and not a mere license, and that you (and your contractors or personnel) are not retaining any interest in the Contents.
7. Any assignment to HotCopy Asia and its Clients of the Contents includes any and all rights of attribution, paternity, integrity, modification, disclosure and withdrawal, and any other rights throughout the universe that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively, “Moral Rights”). To the extent, if any, that you may be deemed under applicable law to retain Moral Rights or any other right, title or interest in or to the Contents notwithstanding the terms of these Terms of Service, to the fullest extent permitted by applicable law, you hereby (a) unconditionally and irrevocably waive and agree not to enforce any and all such rights and interests, including without limitation any right to identification of authorship or limitation on subsequent modifications that you may have in the Contents; (b) agree, at HotCopy Asia’s request and expense, to consent to and join in any action to enforce such rights against others; and (c) hereby grant to HotCopy Asia and its Clients and its and their successors and assigns an irrevocable, perpetual, sole and exclusive, fully paid-up, royalty free, transferable, assignable, sublicensable (through multiple levels of sublicensees, including without limitation, Clients), right and license throughout the universe to use, copy, reproduce, distribute, display, publish and perform (whether publicly or otherwise), transmit (electronically or otherwise), prepare derivative works of and otherwise modify, adapt, edit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of HotCopy Asia or its successors or assigns) all or any portion of the Contents, in any form or media (including without limitation, online, electronic, or print) whether now known or later developed, such grant being made in each case as of the time the Content is developed or produced on a continuous basis. You acknowledge and agree that the foregoing license includes, without limitation, the right of HotCopy Asia and its Clients and their licensees to make any modifications to and derivative works of all or any portion of the Contents in any way or form, including, without limitation, the making of additions to or deletions from the Contents, regardless of the medium (now or hereafter known) into which the Contents may be modified and regardless of the effect of such modifications on the integrity of the Contents, and to identify you or not to identify you, as one or more Writers of or contributors to the Contents or any portion thereof, whether or not the Contents or any portion thereof have been modified. If under applicable law HotCopy Asia’s present assignment or waiver above is deemed invalid or insufficient, you consent to the use, misappropriation, and infringement by HotCopy Asia, its affiliates, licensees, and Clients of the Contents and any Proprietary Rights in the Contents. You represent and warrant that you have all rights, title, and interests to grant the rights and licenses set forth in these Terms of Service.
8. You will assist HotCopy Asia in every manner (including without limitation, signing and delivering additional documents and giving evidence and testimony), if and as requested by HotCopy Asia and its Clients or its and their successors or assigns to establish HotCopy Asia’s and its Clients’ ownership of and other rights in all Contents and related Proprietary Rights in any and all jurisdictions. You hereby irrevocably appoint HotCopy Asia and its Clients and its and their successors and assigns and any of their respective officers as your attorney-in-fact to undertake such acts in your name.
9. The Writer waives any Moral Rights or personal right to be named as the Writer of his/her Contents.
10. You acknowledge and agree that we may accept or reject a submitted Content from the Writer in our sole and absolute discretion and without liability to you. We are under no obligation to accept, transmit, publish, or submit any Content, and the Writer has no right that his/her Contents will be accepted, transmitted, published, or submitted.
11. You acknowledge and agree that we may remove, delete, block, suspend, terminate, or restrict access to or delete or modify your Contents for any reason or no reason, at any time, in our sole discretion.
VI. Delivery of the Ordered Content: Approval / Revisions / Rejection by the Client/Editor
1. You acknowledge and agree that you will comply with the timeframes and word count for delivery of a completed Content as set by the Client and/or HotCopy Asia. If you exceed such timeframe, you will not be paid for the Content. If you exceed the word count, you will not be paid for the additional words above the word count set by the Client.
2. You acknowledge and agree that a Client and/or Editor may review and rate your Content. HotCopy Asia will be in no way liable for any ratings provided by the Client.
3. You acknowledge and agree that HotCopy Asia may or may not pre-screen or monitor the Contents, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, delete, move, remove, suspend, block, and/or restrict access to the Contents, Site and any Content available via the Site.
4. All Contents provided by you must be your unique work and cannot, in whole or in part, be the same as any existing published material, including a Content that you provided to us or published previously. You may make short quotations with proper attributions to the Writer, but you cannot quote several sentences or even an entire passage. Any quotes made by you must be properly attributed to the original source.
5. HotCopy Asia neither endorses nor is responsible for any content, data, or information in the Content. HotCopy Asia is not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in the Contents or for any results obtained from the use of such Contents.
6. A Client may, in its sole discretion, approve of or reject the Content. The Client may under certain criteria also ask for modifications to the Content.
7. The Client has typically seventy-two (72) hours from the time the Client receives the Content to reject or accept a Content or ask for improvements. If the Client does not reject the delivered Content or asks for improvements within such timeframe, HotCopy Asia may, in its sole discretion, deem the Content to be accepted by the Client and charge the Client’s account accordingly. These timeframes may be extended (for example, over a holiday weekend) or adjusted from time-to-time, or on a case-by-case basis, in which case you shall be notified by HotCopy Asia via email or via the instructions for a particular Content, especially if a Content is for a Managed Client (a Client where HotCopy Asia provides additional services such as proofreading, editing, compliance and/or other related services).
8. A Client may reject the Content, if the Content does not (i) comply with the criteria or requirements of the order, (ii) the quality of the Content was not at the level ordered by the Client, or (iii) the Client provided a good faith and reasonable reason for the rejection. We may have the right but not the obligation to check the Client’s rejection of the Content. We may accept a rejection of the Content from the Client with no liability to you 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 you, or
(b) the Client describes why such terms or circumstances have not been met.
If, in our sole discretion, we consider such rejection to be unjustified, we may charge the Client’s account as if the Content was approved by the Client. You agree, you will accept and not contest a rejection of the Content from the Client that was made in accordance with this Section. Instead of rejecting the Content entirely in accordance with this Section, the Client or an Editor may request a modification or improvement to the Content. You agree that if presented with such a request, you will either (a) refuse, in which case you will not be paid for the Content and will retain all copyrights to the Content, or (b) at no additional cost, modify or improve the Content to comply with the Client’s or Editor’s requirements. If after such modification or improvement (or any iterations thereof) the Content fails to comply with the Client’s requirements, the Client may reject the entire Content, in which case, you will not be compensated for the Content or any modifications or improvements thereto and will retain all copyrights to the Content. If after such modification or improvement (or any iterations thereof) the Content fails to comply with the Editor’s requirements or the requirements above, the Editor may flag your account for review, in which case, your account may be suspended pending a review which may result in (i) a permanent ban, (ii) deletion of your account, (iii) a re-assignment of your Writer Level. You agree that HotCopy Asia may make the final decision as to whether the Client’s rejection of the Content or Editor’s suspension is justified, and you agree to accept such decision as final and binding on you.
9. You must, within seventy-two (72) hours of receiving a request via email to modify or improve the Content, either (a) refuse, in which case you will not be paid for the Content, or (b) perform such modification or improvement and resubmit such Content to the Client for acceptance. You will be deemed to have received such request upon the receipt of such email and such seventy-two (72) hour period will start from such time. If (a) such revision, modification or improvement is not completed and resubmitted to the Client within such time frame, the order will be deemed to be an order that can be accepted by another Writer again, or (b) thereafter, you are unable to complete and resend such revisions or improvements to the Client prior to another Writer accepting such order, such order will be assigned to the accepting Writer and will no longer be assigned to you. You agree, in the event of Subsections 9(a) or (b), you will not receive any compensation for the Content, and your Acceptance Rate will be affected as such. Please check your email on a regular basis to avoid non-compliance with such time frames.
VII. Payment to the Writer
1. For each submitted and accepted Content for OpenOrders, you will receive a one-time payment from us for your services rendered according to our payment schedule that you can find at https://hotcopy.asia/writer/faqs. The payment amount is based on two factors: (1) the lesser of the number of finally published words and the maximum number of words requested by the Client; and (2) the quality level of and price per word agreed for the Content. Please be aware that HotCopy Asia will charge the Client a commission and a processing fee, which will be included in the Client's final price. You acknowledge and agree that we have no obligation to pay you in relation to any Contents, if and until such time that the Client expressly approves your delivered Content in writing or such Content is deemed accepted in accordance with Section VI.7. above. As an independent contractor, you are responsible for any and all income and/or sales taxes required on freelance income. HotCopy Asia does not withhold income tax from your earnings.
2. The payment to the Writer will be made according to the following guidelines, so long as you request payment via your HotCopy Asia account within the required timeframe:
o You can request a payout to your PayPal account at any time as long as your HotCopy Asia balance at the time of any payoff request is greater than (US Dollars) $50.00;
o Payoff requests made by 11:59pm UK time on Thursday will be processed on Friday. Payoff requests made after 11:59pm UK time on Thursday may have to wait until the following Friday. Payments are made exclusively by PayPal. PayPal charges a small fee – between 2.9 to 4.4% depending on your country of residence – out of the Writer’s payout total. This fee is to be borne by the Writer and is automatically deducted from the Writer’s payout upon transaction. There are no payment processing fees for being a Writer with HotCopy Asia. HotCopy Asia strives to process payments each Friday; however, it shall not be liable for delays in payment whether as a result of issues with the HotCopy Asia website or issues caused by PayPal. There are delays between the time HotCopy Asia processes payments and the time PayPal credits a Writer’s PayPal account. While these delays are usually less than a few hours, they can be substantially longer, and HotCopy Asia provides no guarantee of when funds actually will be delivered into a Writer’s PayPal account by PayPal. HotCopy Asia reserves the right to change its payment schedule in the future but shall first notify you via email to the login email address listed in your Writer account;
o Before you can be paid by HotCopy Asia, you must provide us with an email address to a valid PayPal account where you wish to receive your payment. You are solely responsible for ensuring that your PayPal email address is correct and up to date at all times, and HotCopy Asia will not be held responsible for any outcomes resulting from the neglect of such responsibility. You agree that we are not obligated to compensate any further, re-issue or refund any payments we have made to an invalid or erroneous email address.
o If the payment amounts owed total less than $50.00, they will be withheld and aggregated and rolled over to the following payoff period(s) until a payment amount of more than $50.00 is reached; and then such amount will be paid out to the Writer according to the guidelines above. You agree that HotCopy Asia may withhold any payment amounts that are under $50.00 as set forth in the foregoing sentence.
o You will not be compensated for the Contents that we reject in our sole discretion or that do not comply with our standards of quality.
o You agree HotCopy Asia also has no obligation to pay you for Contents that infringe upon or misappropriates the rights of third persons, or that are discovered to have been written by automated means or contain gibberish or similar content meant merely to fulfill the minimum words requirement, or that are discovered to have been written by someone other than you (in other words, you may not outsource your account or your Contents to third parties). You agree to refund to HotCopy Asia any payments paid to you for such Contents. In such event, HotCopy Asia reserves the right to claim and enforce any further rights or remedies it may have against you under this Agreement, at law or in equity. See also Section XIV. of these Terms of Services.
VIII. No Luring Away of Clients
During the term of this Agreement and for two years after the expiration or termination of this Agreement, you agree you will not directly or indirectly solicit, or assist in any way in the solicitation of, business from any of the Clients, either for your own benefit or the benefit of any third party, or provide any services or products to the Client other than through this Site, unless the business being solicited or services or products being provided is not competitive with or the same or similar to the business of, or services or products provided by HotCopy Asia or its affiliates as determined by HotCopy Asia in its sole discretion. We provide a messaging system that enables Writers to respond to communications from specific Clients, if needed. You agree you will only communicate with Clients through such messaging system. Every violation of this principle under VIII. will be deemed a violation of these Terms of Services by the Writer. We reserve the right to enforce our rights and remedies under this Agreement, at law, and in equity against the Writer. If you violate the terms of this Section, and you directly or indirectly provide services outside this Site, among other remedies, you shall pay HotCopy Asia its client rate for each word written, in addition to a $500 administrative fee per article written and any of HotCopy Asia’s costs (including legal fees) to collect such payments.
IX. Prohibited Use of this Site
The accepted 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 Proprietary Rights to or in any of the foregoing. 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, accepted Contents, 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 United Kingdom 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.
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 Clients 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 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. 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 Clients, 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 and Clients 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, if any, 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 noncommercial 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
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
As between you and HotCopy Asia, you acknowledge and agree that this Site, all works, accepted 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.
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, OR FREEDOM FROM COMPUTER VIRUS 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 UNWRITERIZED 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, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES OR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE CONTENT OR THE USE OF ANY 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 ANY OTHER USER OR CLIENTS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR APPLICATIONS.
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, AND THE LIKE, ARISING OUT OF THE USE OR PERFORMANCE OF OR INABILITY TO USE THIS SITE, THE CONTENTS, CONTENT, MATERIALS OR ANY INFORMATION, SOFTWARE, 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 AND ITS REPRESENTIVE’S MAXIMUM TOTAL AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICES, 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 YOU PROVIDED TO HOTCOPY ASIA, 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. THIS SITE IS ONLY A PLATFORM. EACH WRITER REGISTERED ON OR WITH THIS SITE IS SOLELY RESPONSIBLE FOR HIS/HER OWN PROFILE AND CONTENT. ALSO, EACH WRITER IS SOLELY RESPONSIBLE FOR THE QUALITY, ACCURACY AND LEGALITY OF HIS/HER CONTENTS. WE EXPLICITLY WANT TO HIGHLIGHT THAT BOTH THE WRITER AND THE CLIENT SHALL ALWAYS BE AWARE OF AND ABIDE BY THE FTC-RULES, IN PARTICULAR, WITHOUT LIMITATION, “THE GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING” (FEDERAL TRADE COMMISSION 16 CFR Part 255) THAT, FOR EXAMPLE, CAN BE FOUND ON THE WEBSITE OF THE FEDERAL TRADE COMMISSION (see www.ftc.gov).
3. HOTCOPY ASIA OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR ANY OF THE WRITER’S CONTENTS SENT THROUGH THIS SITE. THIS SITE IS IN NO WAY RESPONSIBLE FOR ANY CONSEQUENCE(S) IF ANY OF THE WRITER’S CONTENTS ARE REJECTED OR DENIED ACCORDING TO THIS SITE’S STANDARDS OR DISCRETIONS OR IF THE WRITER’S CONTENTS ARE NOT PUBLISHED LATER.
4. 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.
5. 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, or any third party, including without limitation any Proprietary Rights; (c) your Contents; (d) any claim that your 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 email of any such claim or suit and will 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 authority, or terrorism;
· Fiber cuts;
· 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 Client. You are an independent contractor.
XIX. Termination of Account / Inactive Account Maintenance Fee
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. If your account is inactive for a period of two years (defined as more than two years passing from the later of: a) the date you opened the account or b) the date of your last payoff request), HotCopy Asia shall charge a maintenance fee equal to the lesser of $10 per month, or the remaining balance in your account, until your balance is $0. In no case would you owe more than the remaining balance in your account. In such instance, before implementing a maintenance fee, HotCopy Asia shall attempt to contact to you via email, but if our email to the email address in your account is returned as undeliverable or you do not reply to our email within ten business days, HotCopy Asia may charge the maintenance fee and once the balance is $0, close the account and shall have no liability to return the remaining balance at the time we attempted to contact you. HotCopy Asia reserves the right to charge such fees quarterly (i.e., a $30 fee after three months have passed since our email to you) or annually (i.e., a $120 fee after 12 months have passed since our email to you).
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 Writer, 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 Writer may be assigned or transferred without the express prior written agreement of HotCopy Asia. Any attempted assignment, transfer, conveyance, or other disposition of the Writer'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.
This Site is controlled within the United Kingdom and directed to individuals residing in the United Kingdom. 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.