Terms of Service

INTRODUCTION; AGREEMENT TO THIS TERMS OF SERVICE

Welcome to Hotcourts Inc. (“Hotcourts”, “We”, “Our”) mobile device software application (the “Hotcourts Software”), website, and any other mobile or web services or applications owned, controlled, or offered by Hotcourts (collectively, the “Hotcourts Services”). Users who access, download, use, purchase and/or subscribe to the Hotcourts Services (collectively or individually “You”or “User”or “Users”) must do so under the following terms and conditions of service and Privacy Policy (http://hotcourts.com/#privacypolicy).

BEFORE USING ANY HOTCOURTS SERVICES, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE HOTCOURTS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS AND CONDITIONS OF SERVICE (COLLECTIVELY, THE “AGREEMENT”), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE CEASE USING THE HOTCOURTS SERVICES IMMEDIATELY.

THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND HOTCOURTS, INC. EMAIL (info@hotcourts.com) TO RECIEVE A COPY OF THESE TERMS OF SERVICE.

1. AGE RESTRICTION. THE HOTCOURTS SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 13 YEARS OR OLDER.

1.1) AGE RESTRICTED ACCESS. NO PERSONS UNDER THE AGE OF THIRTEEN (13) YEARS MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE THE HOTCOURTS SERVICES.

1.2) AFFIRMATION OF CURRENT ADULT STATUS. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF THIRTEEN (13) YEARS AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.

2. IMPORTANT DISCLAIMER ABOUT LOCATION DATA.

THE HOTCOURTS SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE HOTCOURTS SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. HOTCOURTS IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE – OTHER PRODUCTS EXIST THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.

3. MODIFICATION OF THIS AGREEMENT

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement (including the Guidelines) at any time by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on the Hotcourts Service. Please check this Agreement (including the Guidelines) periodically for changes. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Your continued use of the Hotcourts Services after our dispatching of an e-mail notice to you (if applicable) or the posting of any modifications or changes on the Hotcourts Service constitutes your binding acceptance of such changes. For any material changes to this Agreement (including the Guidelines), you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after our dispatch of an e-mail notice to you (if applicable) or thirty (30) days after they are initially posted on the Hotcourts Services. These changes will be effective immediately for new Users of the Hotcourts Service.

4. OWNERSHIP; PROPRIETARY RIGHTS

The Hotcourts Services are owned and operated by Hotcourts, Inc. The Hotcourts Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Hotcourts Services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Hotcourts Services are the property of Hotcourts or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Hotcourts Services are proprietary to Hotcourts or its affiliates and/or third-party licensors. Except as expressly authorized by Hotcourts under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

5. GUIDELINES; USAGE RULES; PROHIBITED CONDUCT and USES

5.1) Hotcourts’s Guidelines located at (hotcourts.com/guidelines) (“Guidelines”) is hereby incorporated into this Agreement by reference. Please read the Guidelines carefully before providing any photo, text, or links to the Hotcourts Services.

5.2) YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL COMPLY WITH THE GUIDELINES AND YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

a) Use the Hotcourts Services or any location information displayed within the Hotcourts Services to “stalk”, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users; b) Use the Hotcourts Services if you are under the age of 13 years old; c) Include offensive or pornographic materials or materials that are harmful to minors in your Hotcourts Services personal profile page; d) Use the Hotcourts Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control; e) Make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Hotcourts Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; f) Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Hotcourts Services accounts of other Users; g) Misrepresent the source, identity or content of information transmitted via the Hotcourts Services; h) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Hotcourts Services, features that prevent or restrict use or copying of any content accessible through the Hotcourts Services, or features that enforce limitations on use of the Hotcourts Services; i) Intentionally interfere with or damage operation of the Hotcourts Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; j) Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful; k) Post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; l) Use the Hotcourts Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; m) Use the Hotcourts Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Hotcourts Services could lead directly to death, personal injury, or severe physical or property damage; n) Attempt to gain unauthorized access to the Hotcourts Services, or any part of it, other accounts, computer systems or networks connected to the Hotcourts Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Hotcourts Services or any activities conducted on the Hotcourts Service; or o) Use any robot, spider, scraper or other automated means to access the Hotcourts Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Hotcourts Services or modify the Hotcourts Services in any manner or form, nor to use modified versions of the Hotcourts Services, including (without limitation) for the purpose of obtaining unauthorized access to the Hotcourts Services.

6. USAGE; REFUSAL OR SUSPENSION OF SERVICE

6.1) You acknowledge that some of the Hotcourts Services may be accessed by downloading the Hotcourts Services to a mobile device, without the need to register an account. You are responsible for the security on the mobile device on which the Hotcourts Services are installed. If you elect to use the Hotcourts Services or register for an account with Hotcourts, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Hotcourts account login information and the security of your mobile device, and are fully responsible for all activities that occur under your Hotcourts account. You agree to immediately notify Hotcourts of any unauthorized use, or suspected unauthorized use of your Hotcourts account or any other breach of security. Hotcourts cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

6.2) HOTCOURTS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE HOTCOURTS SERVICE, INCLUDING A USER’S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, HOTCOURTS ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE HOTCOURTS SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE.

6.3) You alone are responsible for your involvement with other Users. You agree that Hotcourts will not be responsible for any loss or damage incurred as the result of any such interactions. Hotcourts reserves the right, but has no obligation, to monitor disagreements between you and other Users.

6.4) Hotcourts does not control the content of User accounts and profiles. Hotcourts has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Hotcourts Services.

6.5) PLEASE NOTE: HOTCOURTS RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.

7. USER SUBMISSIONS

7.1) The Hotcourts Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by you and other Users (“User Submissions”), and the hosting, sharing and/or publishing of such User Submissions. User Submissions and certain other information about you are subject to our applicable privacy policy. For more information, see the full Hotcourts Privacy Policy at (hotcourts.com/privacy). You understand that through your use of the Hotcourts Services You consent to the collection and use (as set forth in the applicable privacy policy) of this information. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Hotcourts to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Hotcourts Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Hotcourts Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.

7.2) You understand that when using the Hotcourts Services you will be exposed to User Submissions from a variety of sources, and that Hotcourts is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.

7.3) Hotcourts assumes no responsibility whatsoever in connection with or arising from User Submissions. Hotcourts assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Hotcourts chooses, in its sole discretion, to monitor User Submissions, Hotcourts nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Hotcourts does not endorse and has no control over the content of User Submissions submitted by other Users. Hotcourts makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Hotcourts reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

7.4) User Submissions are owned by the User who submitted them, subject to Hotcourts’ license to such User Submissions under this Agreement. User Submissions can not be shared, displayed or duplicated by any other party other than the submitted User, except as permitted under this Agreement.

7.5) You hereby grant, and you represent and warrant that you have the right to grant, to Hotcourts an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sub-licenses of the foregoing, solely for the purposes of including your User Submissions in the Hotcourts Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions.

7.6) If you provide Hotcourts any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Hotcourts all rights in the Feedback and agree that Hotcourts shall have the right to use such Feedback and related information in any manner it deems appropriate. Hotcourts will treat any Feedback you provide to Hotcourts as non-confidential and non-proprietary. You agree that you will not submit to Hotcourts any information or ideas that you consider to be confidential or proprietary.

8. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

8.1) The Hotcourts Services may include links to other web sites or services solely as a convenience to Users. Hotcourts does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Hotcourts makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

8.2) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Hotcourts Services are solely between you and such advertiser. You agree that Hotcourts shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Hotcourts Services.

8.3) Parties other than Hotcourts may provide services or sell products via the Hotcourts Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Hotcourts does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

8.4) By your use of third party applications that connect with the Hotcourts Services (“Third Party Applications”), you acknowledge and agree that Hotcourts may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. Hotcourts is not responsible for the transmission of the User Submissions from the Hotcourts Services to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications. You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications. Hotcourts is not responsible for and does not endorse any features, content, or other materials on or available from Third Party Sites or Third Party Applications. Hotcourts also does not screen, audit, or endorse Third Party Sites or Third Party Applications. Accordingly, if you decide to access Third Party Sites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Sites or Third Party Applications is on an “as-is” basis without any warranty as to the Third Party Sites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Sites or Third Party Applications.

9. END USER LICENSES

9.1) Mobile Device. To use the Hotcourts Software you must have a mobile device that is compatible with the Hotcourts Services. Hotcourts does not warrant that the Hotcourts Services will be compatible with your mobile device.

9.2) License Grant. Subject to the terms of this Agreement, Hotcourts hereby grants you a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the Hotcourts Software for one Hotcourts Services account on one mobile device owned or leased solely by you, for your personal, noncommercial use and (ii) use the Hotcourts Services (other than the Hotcourts Software) for your personal, noncommercial use.

9.3) Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Hotcourts Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Hotcourts Software to any third party or use the Hotcourts Software to provide time sharing or similar services for any third party; (iii) make any copies of the Hotcourts Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Hotcourts Software, features that prevent or restrict use or copying of any content accessible through the Hotcourts Software, or features that enforce limitations on use of the Hotcourts Software; or (v) delete the copyright and other proprietary rights notices on the Hotcourts Software.

9.4) Software Upgrades. You acknowledge that Hotcourts may from time to time issue upgraded versions of the Hotcourts Software, and may automatically electronically upgrade the version of the Hotcourts Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Hotcourts will not be liable to you for any such modifications.

9.5) Open Source. With respect to any open source or third-party code that may be incorporated in the Hotcourts Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open source software that is subject to the terms of the GNU General Public License.

9.6) Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Hotcourts Software or any copy thereof and Hotcourts or its third party partners or suppliers retain all right, title, and interest in the Hotcourts Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Hotcourts reserves all rights not expressly granted under this Agreement.

9.7) Trademarks, Service Marks and Logos. The name of this web site is a service mark of Hotcourts. No use of this mark shall be permitted except through the prior written authorization and permission of Hotcourts. All rights reserved.

9.8) Government End Users. If this Hotcourts Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Hotcourts Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

9.9) Export Control. The Hotcourts Software originates in the United States, and is subject to United States export laws and regulations. The Hotcourts Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Hotcourts Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Hotcourts Software and the Hotcourts Services.

9.10) App Stores. You acknowledge and agree that the availability of the Hotcourts Software is dependent on the third party from which you received the Hotcourts Software, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and Hotcourts and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Hotcourts Software from it. You agree to comply with, and your license to use the Hotcourts Software is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.

10. VIOLATIONS; TERMINATION

You agree that Hotcourts, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account you have with the Hotcourts Services or your use of the Hotcourts Services or any portion thereof and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the Hotcourts Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Hotcourts will not be liable to you or any third-party for any such termination. Hotcourts does not permit copyright infringing activities on the Hotcourts Services, and reserves the right to terminate access to the Hotcourts Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Hotcourts may have at law or in equity.

11. DISCLAIMERS; NO WARRANTIES

11.1) THE HOTCOURTS SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE HOTCOURTS SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HOTCOURTS, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

11.2) HOTCOURTS AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HOTCOURTS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HOTCOURTS SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.3) HOTCOURTS AND ITS SUPPLIERS AND PARTNERS (INCLUDING HOTCOURTS' THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER HOTCOURTS SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HOTCOURTS OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE HOTCOURTS SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE HOTCOURTS SERVICES AT YOUR OWN DISCRETION AND RISK.

11.4) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold Hotcourts (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) your use or misuse of any location information or the other Hotcourts Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the Hotcourts Services to meet another User in-person or to locate and attend any offline place or event. Hotcourts reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

13. LIMITATION OF LIABILITY AND DAMAGES

13.1) YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HOTCOURTS (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES [RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE HOTCOURTS SERVICES; (C) THE HOTCOURTS SERVICES GENERALLY (INCLUDING THE HOTCOURTS SOFTWARE) OR SYSTEMS THAT MAKE THE HOTCOURTS SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH HOTCOURTS OR ANY OTHER USER OF THE HOTCOURTS SERVICES], EVEN IF HOTCOURTS OR A HOTCOURTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13.2) IN NO EVENT SHALL HOTCOURTS' (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE HOTCOURTS SERVICES] (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE HOTCOURTS SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.

13.3) APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT HOTCOURTS' LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.

14. BENEFIT OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT HOTCOURTS HAS OFFERED THE HOTCOURTS SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HOTCOURTS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HOTCOURTS. HOTCOURTS WOULD NOT BE ABLE TO PROVIDE THE HOTCOURTS SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

15. RELEASE. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Submissions provided by, other Hotcourts Service Users or (2) any third party site, products, services, and links included on or accessed through the Hotcourts Service. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”.

16. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

16.1) It is Hotcourts’ policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Hotcourts will promptly terminate without notice the accounts of Users that are determined by Hotcourts to be “repeat infringers.” A repeat infringer is a User who has been notified by Hotcourts of infringing activity violations more than twice and/or who has had a User Submission removed from the Hotcourts Service more than twice.

16.2) If you are a copyright owner or an agent thereof, and you believe that any content hosted on any Hotcourts Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Hotcourts’ Designated Copyright Agent with the following information in writing:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Hotcourts Service are covered by a single notification, a representative list of such works on the applicable Hotcourts Service; c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hotcourts to locate the material; d) Information reasonably sufficient to permit Hotcourts to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).

16.3) Hotcourts’ Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Attention: Copyright Agent
Hotcourts, Inc.
531 Pimlico Ct.
Walnut Creek, CA 94597
Telephone: 510.764.6869
Email: info@Hotcourts.com

For clarity, only DMCA notices should go to the Hotcourts Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

17. Payments. Cancellation. Final Sale: Any and all payments made to Hotcourts for use and access to any Hotcourts Services and Hotcourts Software are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. If you have an account set up for reoccurring billing, you may cancel your account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within the Hotcourts Software or Hotcourts Services violates our Terms of Service, your access and account may be immediately terminated and all payments forfeited.

We reserve the right at any time to charge fees for access to portions of the Hotcourts Services, Hotcourts Software or the Hotcourts Services or Hotcourts Software as a whole.

18. MISCELLANEOUS

18.1) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

18.2) Jurisdiction. Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or the Hotcourts Services shall be filed only in the state or federal courts in and for Contra Costa County, California and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall not prevent Hotcourts from seeking injunctive relief in a court of competent jurisdiction.

18.3) Arbitration.

a) If a dispute arises between you and Hotcourts, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Hotcourts regarding the Hotcourts Service by emailing info@Hotcourts.com. b) You and Hotcourts agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement or the Hotcourts Service(a “claim”) in accordance with this Section 18.3. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (i) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (ii) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (iii) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (iv) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. c) All claims between you and Hotcourts must be resolved in accordance with this Section 18.3. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Hotcourts may recover attorneys’ fees and costs up to $1,000, provided that Hotcourts has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Similarly, should Hotcourts file a claim contrary to this Section, you may recover attorneys’ fees and costs up to $1,000, provided that you have notified Hotcourts in writing of the improperly filed claim, and Hotcourts fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.

18.4) Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

18.5) Notices. Hotcourts may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Hotcourts Services.

18.6) Assignment. This Agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Hotcourts without restriction.

18.7) Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 1, 2, 4, 5, 6, 7, 8, 9.3, 9.5- 9.10, 11 through 19 hereby survive any termination of this Agreement or any termination of your use of or subscription to the Hotcourts Services.

18.8) Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word including means including without limitation. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by Hotcourts as set forth in Section 3 above.

18.9) Claims. YOU AND HOTCOURTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HOTCOURTS SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

18.10) Disclosures. The services hereunder are offered by Hotcourts Inc, 531 Pimlico Ct., Walnut Creek, CA 94597. General Inquiries: info@Hotcourts.com.

19. Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using a Hotcourts Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 19, the more restrictive or conflicting terms and conditions in this Section 19 apply, but solely with respect to Hotcourts Softwares from the Apple App Store.

19.1) Acknowledgement: Hotcourts and you acknowledge that this Agreement is concluded between Hotcourts and you only, and not with Apple, and Hotcourts, not Apple, is solely responsible for Hotcourts Software and the content thereof. To the extent this Agreement provides for usage rules for Hotcourts Software that are less restrictive than the Usage Rules set forth for Hotcourts Software in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.

19.2) Scope of License: The license granted to you for Hotcourts Software is limited to a non-transferable license to use Hotcourts Software on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

19.3) Maintenance and Support: Hotcourts is solely responsible for providing any maintenance and support services with respect to Hotcourts Software, as specified in this Agreement (if any), or as required under applicable law. Hotcourts and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Hotcourts Software.

19.4) Warranty: Hotcourts is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of Hotcourts Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Hotcourts Software to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Hotcourts Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Hotcourts’ sole responsibility.

19.5) Product Claims: Hotcourts and you acknowledge that Hotcourts, not Apple, is responsible for addressing any claims of you or any third party relating to Hotcourts Software or your possession and/or use of Hotcourts Software, including, but not limited to: (i) product liability claims; (ii) any claim that Hotcourts Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Hotcourts’ liability to you beyond what is permitted by applicable law.

19.6) Intellectual Property Rights: Hotcourts and you acknowledge that, in the event of any third party claim that Hotcourts Software or your possession and use of Hotcourts Software infringes that third party’s intellectual property rights, Hotcourts, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

19.7) Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

19.8) Developer Name and Address: Hotcourts’ contact information for any end-user questions, complaints or claims with respect to Hotcourts Software is set forth in Section 18.10.

19.9) Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using Hotcourts Software.

19.10) Third Party Beneficiary: Hotcourts and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

(Revised 4.18.13)

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

Hotcourts Privacy Policy

By accessing the website at http://hotcourts.com (“Hotcourts Site”) or any Hotcourts mobile application (e.g., Hotcourts iOS or Hotcourts Android) (“Hotcourts App”) (collectively, the “Hotcourts Service”), which are provided by Hotcourts, Inc. (“Hotcourts”), you expressly consent to the collection, use and disclosure of your Personal Data (as defined below) in accordance with this privacy policy (“Privacy Policy”). We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data we collect from users of the Hotcourts Service.

Terms not defined in this Privacy Policy and issues relating to terms of use can be found in our Terms of Service located at http://hotcourts.com/#termsofservice.

1. The Hotcourts Service is intended for users 13 years and older only. We do not intentionally gather Personal Data about visitors who are under the age of 13.

2. A Note To Users Outside Of The United States. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.

3. Types Of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data as described below.

3.1 Data You Provide to Us.

(a) Profile. We may collect Personal Data from you, such as your photo, display name, status, relationship, looking for, ethnicity, age, height, weight, social network link, “Favorites”, “Blocks” and any other information you voluntarily add to your profile on the Hotcourts App or is generated by your use of the Hotcourts Service (“Profile Information”).

(b) Instant Message. When you send an instant message (which may include photos or location) to other users of the Hotcourts Service, we will retain the messages (“Instant Messages”) as required by the operation of the Hotcourts Service.

(c) Feedback/Support. If you provide us feedback or contact us via e-mail (e.g., for support), we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. If you contact us for support, we may also collect and retain certain technical diagnostic data, e.g., your phone model.

(d) Mailing List. If you provide us your email address for inclusion in our mailing lists, we will collect your email address.

(e) Surveys. When you participate in one of our surveys (which may be provided by a third party service provider), we may collect additional information that you provide through the survey. If the survey is provided by our third party service, that provider’s privacy policy applies to their collection, use and disclosure of your information.

(f) Message Boards. When you post messages on the message boards of a Hotcourts Service, when and if we add such capability, the information contained in your posting will be stored on our servers and other users will be able to see it.

(g) Purchases.

(i) If you purchase a subscription service from us, we (or our third party service provider) will collect all information necessary to complete the transaction, including your name, credit card information, billing information, address, telephone number, and email address. If we use a third party service provider, the service provider may provide certain information back to us (e.g., your name, phone number, and email address).

(ii) The Services may include link to purchase Hotcourts merchandise from our third party service provider. If you purchase such merchandise, the third party service provider’s terms of use and privacy policy apply.

(h) Invite a Friend. If you use the invite a friend feature on the Hotcourts Site, we will pre-populate your email with our invite information, but we do not collect any Personal Data from you or your friend.

(i) Partner Promotion. We may collect information you voluntarily provide when you enter into a Partner Promotion, as described below.

(j) Other. We may also collect Personal Data at other points in the Hotcourts Service that state that Personal Data is being collected. Hotcourts will retain Profile Information and Instant Messages in the Hotcourts App or on the servers for the Hotcourts Service, for as long as needed to provide the Hotcourts Service and to comply with our legal obligations, resolve disputes and enforce our agreements.

3.2 Data Collected via Technology.

(a) Device Information.

We will generate a token that is unique to the mobile device on which you install the Hotcourts App (“Device Token” and “Device”, respectively). For example, if you installed the Hotcourts App on an Apple Device, we generate a unique Device Token that Apple Publishing Services uses to represent your device. The token is used to log you into the Hotcourts Service for as long as you use the device and the service. We may store your Device Token with other information we collect about you, including your Profile Information and your instant message information, however, Device Tokens are deleted when a device is reset or the device software is reinstalled. We will collect certain software and hardware information about your Device.

(b) Distance Information. When you use the Hotcourts App, we will collect your location to determine your distance from other users (“Distance Information”) through the GPS, Wi-Fi, and/or cellular technology in your Device (e.g., iPhone, BlackBerry, iPad, iPod Touch or Android device). Your last known location is stored on our servers for the purpose of calculating Distance Information between you and other users.

(c) Log Files. To make the Hotcourts Service more useful to you, our servers (which may be hosted by a third party service provider) or analytic partners may collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Hotcourts Service. Persistent Cookies we place can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas or features of the Hotcourts Service may not work properly.

(d) Third Parties. Our advertisers and partners may also use their own cookies. We do not control use of these cookies used by advertisers and partners and expressly disclaim responsibility for information collected through them. Additionally, be aware that advertisers and partners may also use their own clear gifs and we do not control use of these by advertisers and partners and expressly disclaim responsibility for information collected through them.

(e) MAC Addressees. Hotcourts or its Agents may collect device MAC addresses or other device hardware identifiers for the purposes of managing server-side data associations with specific users. No personally identifiable information is delivered with these hardware device identifiers.

4. Use of Your Data

4.1 General Use of Your Data. We use your Personal Data in the following ways and as described elsewhere in this Privacy Policy: (a) to identify you as a user on the Hotcourts Service; (b) to improve the Hotcourts Service; (c) to provide the services you request, including the Hotcourts Service; (d) to respond to your inquiries related to support, employment opportunities or other requests; (e) to send you Promotional Emails (defined below) if you voluntarily provided us your email address to be included on our mailing lists; (f) to fulfill a product or service purchase; and (g) to conduct a Partner Promotion that you voluntarily entered into as described below.

4.2 Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the Hotcourts Service. Hotcourts reserves the right to use Anonymous data for any purpose and disclose Anonymous Data to third parties in its sole discretion.

5. Disclosure Of Your Personal Data. We disclose Personal Data and Anonymous Data, as described below (and elsewhere in this Privacy Policy).

5.1 IMPORTANT NOTE ABOUT PROFILE INFORMATION. YOU UNDERSTAND THAT WHEN YOU USE THE Hotcourts APP, AS A DEFAULT, YOUR PROFILE INFORMATION (DEFINED ABOVE) IS PUBLIC AND OTHER USERS OF THE Hotcourts APP CAN SEE YOUR PROFILE INFORMATION. DO NOT INCLUDE INFORMATION IN YOUR PROFILE THAT YOU WANT TO KEEP PRIVATE. Hotcourts App users can use the search feature in the Hotcourts App to search for other users by different profile criteria, like age. Your Profile Information will be used for these searches. The Hotcourts App user interface may include a feature to make certain items of Profile Information non-public, in which case we will respect your selection. However, even if you choose to make non-public certain items of your Profile Information if and as permitted by the user interface, sophisticated users who use the Hotcourts App in an unauthorized manner may nevertheless be able to obtain this information. The Hotcourts App may include a feature that allows you to designate certain users as “Favorites” or “Blocked”. Generally, this designation is only viewable by you; however, sophisticated users who use the Hotcourts App in an unauthorized manner may be able to determine which users you have designated as Favorites or Blocked. YOU HEREBY CONSENT TO THE DISCLOSURE OF YOUR PROFILE INFORMATION AS DESCRIBED ABOVE.

5.2 IMPORTANT NOTE ABOUT DISTANCE INFORMATION. YOU UNDERSTAND THAT WHEN YOU USE THE Hotcourts APP, AS A DEFAULT, YOUR DISTANCE INFORMATION IS PUBLIC AND OTHER USERS OF THE Hotcourts APP CAN SEE YOUR DISTANCE INFORMATION WITHIN YOUR PROFILE. Hotcourts App users can use the search feature in the Hotcourts App to search for other users by distance. Your Distance Information will be used for these searches. Your Distance Information is public, but the Hotcourts App may include a feature to hide or change the accuracy of your Distance Information, in which case we will respect your selection. However, even if you choose to hide the display of your Distance Information, sophisticated users who use the Hotcourts App in an unauthorized manner may nevertheless be able to determine your location. YOU HEREBY CONSENT TO THE DISCLOSURE OF YOUR DISTANCE INFORMATION AS DESCRIBED ABOVE.

5.3 Third Parties. We share your Device Token and demographic information with our advertising display and analytic partners. These third parties may also collect information directly from you as described in Section 3.2(d). Their privacy policy applies to their collection, use and disclosure of your information that we provide them and that they collect directly. Without limiting the foregoing, one of our many partners is Google Analytics. Google Analytics collects information anonymously and reports website trends without identifying individual visitors. Google Analytics uses its own cookie to track visitor interactions. Website owners can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. Google’s privacy policy applies to their collection, use and disclosure of your information. Please review the following links to better understand their practices: http://www.google.com/privacy_ads.html, http://www.google.com/privacy.html, and http://www.google.com/analytics/tos.html.

5.4 Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Hotcourts Services; to conduct quality assurance testing; to provide technical support; and/or to provide other services to Hotcourts. Except as otherwise stated in this Privacy Policy, these third party service providers are required by contract not to use your Personal Data other than to provide the services requested by Hotcourts.

5.5 Partner Promotion. We may disclose information you voluntarily provide when you enter into a Partner Promotion, as described below.

5.6 Affiliates and Acquisitions. We may share some or all of your Personal Data with our parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”) in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

5.7 Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Hotcourts may disclose Personal Data in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws; to establish or exercise our rights to defend against legal claims; if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, safety of person or property, violation of our policies, or as otherwise required by law.

6. Partner Promotions. We may offer contests, sweepstakes, or other promotions with our third party partners from time to time (“Partner Promotion”). If additional or different privacy practices govern a Partner Promotion, then we will present you the additional or different terms prior to your entering the Partner Promotion, and such terms will apply to how we collect, use and disclose the information you provide through the Partner Promotion.

7. Third Party Websites. When you click on a link to any other website or location, you will leave the Hotcourts Site and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.

8. Your Choices Regarding Your Personal Data; Changing Your Personal Data

8.1 Our Promotional Emails. We may periodically send you free newsletters, surveys, offers, and other promotional materials related to Hotcourts and/or the Hotcourts Service (“Promotional Emails”) if you voluntarily provided us your email address to be included on our mailing lists. When you receive Promotional Emails from us, you may indicate a preference to stop receiving further Promotional Emails from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive. Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Terms of Service or Privacy Policy.

8.2 Apple. If you are using the Hotcourts App on an Apple iOS4 device, Apple Inc.’s iAd network states that users may opt out of behavioral targeting by visiting http://oo.apple.com from your iOS4 device.

8.3 Changes to your Personal Data. You may change certain fields of your Profile Information by editing your profile in the Hotcourts App. You may request deletion of your Personal Data by us, but please note that we may be legally required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may keep your Device Token, and your usage history (which includes a history of text or photos that have been censored, bans, as well as a history of profile photos uploaded) for administrative purposes.

9. Security Of Your Personal Data. Hotcourts is committed to protecting the security of your Personal Data from unauthorized access, use, or disclosure. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. No method of transmission over the Internet, or method of electronic storage, is 100 percent secure, however. Therefore, while Hotcourts uses reasonable efforts to protect your Personal Data from unauthorized access, use, or disclosure, Hotcourts cannot guarantee its absolute security.

10. Contact Information. Hotcourts welcomes your comments or questions regarding this Privacy Policy. Please contact us at the following:

Hotcourts, Inc.
531 Pimlico Ct.
Walnut Creek, CA 94597
Telephone: 510.764.6869
Email: info@Hotcourts.com

11. Changes To This Privacy Policy. This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on the Hotcourts Service. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on the Hotcourts Service. These changes will be effective immediately for new users of the Hotcourts Service. If the last e-mail address that you provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to cease using the Hotcourts Service. Continued use of the Hotcourts Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

(Revised 5.08.13)

Hotcourts Profile Guidelines

Rules and regulations for joining and continuing to be part of Hotcourts Services.

We reserve the right to remove, delete, or crop any photo and/or text we perceive to be outside of these guidelines.

Profile or Group images:

No sexually explicit, revealing, or overly suggestive photos of any kind.
No nudity or physically revealing clothing of any kind.
No skin showing below the hip bones.
No exposed undergarments of any kind visible in the photo.
No profanity, vulgar language or curse words layered on your photo.
No images that display bodily fluids of any kind.
No images of firearms, weapons, drugs or drug paraphernalia.
No copyrighted pictures or illustrations.
No images of any non-Hotcourts users, including celebrities.
No impersonating another user/person.
No photos that contain sex props and sex toys, or any sexually suggestive object.

Profile, Group, News, or Comments text:

No sexually explicit or overly suggestive text.
No profanity or curse words, including abbreviations, masking and fill-ins.
No text that incites racism, bigotry, hatred or physical harm of any kind.
No mention of drugs other than caffeine, tobacco, or alcohol.
No sexually explicit references or text that promotes unsafe sex.

Web Links: We allow a link to a Facebook, Twitter, or LinkedIn account in the Social Link field.

Notice: Any violation of the above guidelines could result in a permanent ban from Hotcourts.