Terms and Conditions of Use

ACCEPTANCE OF TERMS:Welcome to myHotspex. Your use of this Site is governed by and subject to the following Terms and Conditions of Use. Hotspex reserves the right to update and modify these terms and conditions from time to time as set out below. Please revisit this page often to ensure that you are familiar with the latest revision. In addition, when using various Hotspex services, you will be subject to any posted guidelines or rules applicable to such services that may be posted from time to time, including our Privacy Statement. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions of Use. Please note that by clicking on the button below labelled “I Agree”, you conclusively agree to be bound by all of the terms and conditions set out herein, as well as those contained in our Privacy Statement. If you do not agree to or have the proper legal authority to enter into all of these Terms and Conditions of Use, please exit this Site immediately.

Definitions

“Hotspex” refers to Hotspex Inc., a company incorporated under the laws of Ontario, Canada. The Internet address for the Hotspex Inc. Innovator website is http://www.myhotspex.com (the “Site”);

The terms “you”, “your” and “yours” refer to the individual or company browsing or using this Site;

The terms “we”, “us” and “our” refer to Hotspex Inc.;

“Submissions” refers to all comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered directly or indirectly to Hotspex whether for Hotspex or a specifically designated third party on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site.

Changes to the Terms and Conditions of Use

Hotspex reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Use. If we make any material change to these Terms and Conditions of Use, we will update this Site to include such changes and post a notice on our home page with a link to the updated Terms and Conditions of Use. Please read any such notice and the new Terms and Conditions of Use. Please scroll down to the bottom of this page to check the date that this document was last updated and to confirm that you are familiar with the terms of the most recent update. Your continued use of this Site after we post such notice will constitute your acceptance of the new terms and their application to your use of this Site and decision to make Submissions.

User Eligibility

Only those individuals who are 18 years of age or older are permitted to access the full range of features, services and content available on this Site and to make unrestricted Submissions. If your date of birth, as submitted while registering as a Hotspex Innovator, reveals that you are between the ages of 13 and 18, your access to certain features, services and content, as well as your ability to make certain Submissions, will be limited by the operation of this Site. Please refer to the section below titled “Your Registration Obligations” regarding your obligation to provide true, accurate, current and complete information. If you are under the age of 13, you may browse this Site but will not be permitted to make Submissions or utilize the features, services or content of this Site.

Individuals are only permitted to have one active account at any time. If Hotspex has reasonable grounds to suspect that a user has multiple active accounts, Hotspex will suspend or terminate all of the user’s accounts and refuse any and all current or future use of the Site. All accumulated BUX will be immediately removed.

As of October 1st 2010, Hotspex will only allow 1 membership per household. Existing accounts will not be deactivated but all new members will have to be from separate households.

Your Registration Obligations

In consideration for your use of this Site, you agree to provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hotspex has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hotspex has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Intellectual Property

Unless otherwise noted, all materials, including without limitation all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trademarks, service marks and trade names used at the Site and the selection and arrangements thereof (collectively, the “Content”), are subject to intellectual property rights, including copyrights, trademarks and patents or the right to apply for the registration therefor anywhere in the world, held by or licensed by either Hotspex, affiliates of Hotspex or other third parties who are the respective owners of such intellectual property. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved.

Policy on Hotspex Inc. BUX

  1. To obtain BUX, you must first register to become a Hotspex Innovator. No purchase is necessary. Collecting BUX is easy: log into the Hotspex Inc. Innovator website, www.myhotspex.com, under the registered username and begin completing surveys.
  2. The number of BUX offered per survey is specified at the beginning of the survey and may vary from survey to survey. Hotspex reserves the right to add or delete surveys eligible for BUX at any time.
  3. ll BUX totals are shown on the Innovator homepage. This total will be deemed correct unless otherwise substantiated by the Innovator. Evidence brought forward by the member must satisfy Hotspex Inc. Any cost associated with obtaining the evidence must be borne by the Innovator; Hotspex will not cover any of the costs under any circumstances.
  4. BUX cannot be redeemed for cash, and may be revoked at any time by Hotspex Inc. BUX have no cash value, and cannot be sold or purchased.
  5. BUX can only be redeemed for prizes, chances, or other items as specified by Hotspex Inc. on the Hotspex Inc. Innovator website. The BUX balance will be reduced by the number of BUX required to redeem a prize, chance or other item as specified on the Hotspex Inc. website.
  6. The BUX balance will be reduced to zero upon closure of an Innovator’s account.
  7. BUX are not allowed to be redeemed by any person other than an Innovator.
  8. Should an Innovator’s account be compromised, all of the BUX redeemed will be considered spent. All remaining unredeemed BUX may be transferred to a new account should Hotspex Inc. be notified by the panel member. Hotspex Inc. assumes no liability or responsibility for BUX redeemed by any person(s) prior to the notification to Hotspex Inc. of a problem with the account.
  9. Hotspex Inc. will not be liable or responsible in any manner for any tax consequences or duties which may flow from BUX issued or redeemed or by any prizes won by any Innovator.
  10. Hotspex Inc. reserves the right to terminate all BUX at any time.
  11. Hotspex Inc. reserves the right to suspend or alter any aspect of the Panel, prizes and BUX at any time.
  12. Hotspex Inc. reserves the right to suspend, alter or terminate any member account due to abuse of rules, regulations, Terms and Conditions, or any misrepresentation by a member. Hotspex Inc. will have no liability to any member under such circumstances.
  13. Hotspex Inc. is not responsible for any errors or omissions of this policy on BUX.

User Responsibilities

We grant you permission to download and print copies of these Terms and Conditions of Use, our Privacy Statement and portions of this Site as are necessary for the sole purpose of making Submissions to Hotspex or designated third parties. Any other use of the Content or materials on this Site is strictly prohibited. You may not print or copy any of the HTML code or other programs that are viewable at this Site. No right, title or interest in any downloaded materials, software or Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, perform, display, modify or create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content of the Site.

Disclaimer

You expressly agree that your use and browsing of this Site is at your sole risk. Neither Hotspex, its affiliates, advertisers, or other third parties, nor any of their respective directors, officers, employees, representatives, agents, third-party content providers or licensors, if any, warrant that the use of the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from your use of the Site, services provided therein, or as to the accuracy, reliability, or content of any information, or services provided through the Site.

Limit of Liability

IN NO EVENT SHALL HOTSPEX, ADVERTISERS, THIRD PARTIES, OR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU IN ANY RESPECT, INCLUDING WITHOUT LIMITATION, FOR ANY MATTER RELATED TO THIS AGREEMENT, FOR ANY SUBMISSIONS YOU MAKE, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT HOTSPEX HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES.

The limitations of liability and disclaimers in this Agreement shall apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence or other tort and shall survive a fundamental breach or breaches or the failure of the essential purpose of contract or the failure of an exclusive remedy.

Indemnification

You agree to indemnify, defend, and hold Hotspex, advertisers and other third parties, including their directors, officers, shareholders, employees, representatives, contractors, affiliates, successors or assigns, harmless from and against any and all damages, expenses, liabilities and losses of any kind (including, without limitation legal fees), arising out of or in connection with your use of this Site or Submissions made to Hotspex or a designated third party, including claims made by any third parties related to such use.

Information Provided by You

Excluding any personally identifying information that you choose to provide for the purpose of entering contests, giveaways or other promotions, all Submissions shall be the property of Hotspex or a designated third party. Such disclosure, submission or offer of any Submissions shall constitute an assignment to Hotspex or a designated third party of all worldwide rights, titles and interests in all copyrights and other intellectual property in the Submissions. Thus, Hotspex or a designated third party will own exclusively all such rights, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. Neither Hotspex nor a designated third party is or shall be under no obligation (i) to maintain any Submissions in confidence; (ii) to pay any compensation for any Submissions; or (iii) to respond to any Submissions. Please note that any such Submissions sent to Hotspex on behalf of itself or a designated third party will be deemed non-confidential, and, by submitting any such information, you are granting Hotspex or a designated third party an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, perform and distribute such Submissions for any purpose whatsoever.

Further, by making Submissions to this Site, including through e-mail, you represent and warrant that such Submissions are your own work, non confidential, and your communication and disclosure to Hotspex or a designated third party under the terms and conditions of this Agreement in no way violates the intellectual property rights or other rights of any third party or parties. The duty to ensure non infringement of the rights of any third party rests solely on you.

User Conduct

In using this Site, you agree: (i) not to disrupt, interfere with the security of or otherwise abuse this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (ii) not to disrupt or interfere with any other user’s enjoyment of this Site or affiliated or linked sites; (iii) not to upload, post or otherwise transmit through while on this Site any viruses or other harmful, disruptive or destructive files or computer programs; (iv) not to use or attempt to use another’s account, service or system without authorization from Hotspex, or create or use a false identity on this Site; (v) not to transmit through on this Site spam chain letters, junk mail or any other type of unsolicited mass e-mail; and (vi) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Site.

Online Communities and Other Interactive Areas

To the extent that this Site contains bulletin boards, chat rooms, or other message or communication facilities, you agree to use such forums only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. Hotspex does not have any obligation to monitor the content of its bulletin boards, chat rooms, or other message or communication facilities. However, Hotspex reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Hotspex’s sole discretion are objectionable or in violation of these Terms and Conditions of Use.

Links and Third Party Content

As a convenience to you, Hotspex may provide on this Site, links to websites operated by third parties. These links do not constitute an endorsement, sponsorship or recommendation by Hotspex of the third parties, the linked third party sources or any content, services or products available on or through such third party sources. If you use these sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that Hotspex or this Site is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Hotspex.

This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements, surveys, or other postings. You agree that Hotspex shall not have any liability whatsoever to you for any such third party material, data or information.

Termination

Hotspex may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Hotspex’s sole discretion you fail to comply with any term or provision of this Agreement.

Entire Agreement

This Agreement, together with our Privacy Statement, constitutes the entire agreement between you and Hotspex with respect to your use of this Site and supersedes any prior understandings and agreements between you and Hotspex, whether written or oral, with respect to such subject matter. There are no representations, warranties, terms, conditions or collateral agreements, expressly implied or statutory, between the parties other than as expressly set forth herein.

Privacy

Personal data may be collected, processed, used and disclosed by Hotspex to our affiliates or other third parties for those purposes set out in our Privacy Statement. IT IS IMPORTANT THAT YOU READ OUR PRIVACY STATEMENT CAREULLY BEFORE USING THIS SITE. By agreeing to these Terms and Conditions of Use, you agree to the terms of the Privacy Statement.

Rights to Change and Control Website

The Content of this Site is subject to change, restriction or termination without any notice to you.

Invalidity

If, for any reason whatsoever, any term of this Agreement is deemed by a court to be void, voidable or otherwise unenforceable, such term shall be deemed to be severable from the remainder of the Agreement, and the remainder of the Agreement shall be construed and interpreted without reference to the unenforceable term.

Assignment

Hotspex may assign its rights or obligations under this Agreement at any time without your notice or consent.

Governing Law

If, for any reason whatsoever, any term of this Agreement is deemed by a court to be void, voidable or otherwise unenforceable, such term shall be deemed to be severable from the remainder of the Agreement, and the remainder of the Agreement shall be construed and interpreted without reference to the unenforceable term.

Last updated: September 17, 2012

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