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Terms of Service
Welcome to a service of XES Marketing and Entertainment Inc. (hereinafter referred to as "XESme Inc”, “Hot4Trixxx”, XES Marketing and Entertainment). You must read and agree to these terms and conditions before you may access or view our Site. Please read them carefully. By visiting the Hot4Trixxx website, you are agreeing to its terms. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement. Your Interactions: You are solely responsible for your interactions and communication with other Members. You understand that Hot4Trixxx does not in any way screen its Members, nor does Hot4Trixxx inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Hot4Trixxx makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We do however recommend that if you choose to meet or exchange personal information with any Member of Hot4Trixxx then you should take it upon yourself to do a background check on said person. In no event shall Hot4Trixxxbe liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. 1. Eligibility: You must be 18 or over to register as a member of or use this Site. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, that you are at least 18-years old, and that you are not prohibited by law from using the Site. By selecting on any link below, you are agreeing to the following: I certify that I am of legal age in the jurisdiction from which I am accessing this page, or any pages, containing adult material. I indemnify the publisher, the service provider and the telecommunications companies from any losses, liability, costs and/or expenses incurred by them and any legal action commenced against them or any of them as a result of the viewing or the retrieving of such materials by me in the event that the material is contrary to the laws of the location from which I am accessing the material. I acknowledge all responsibility for viewing the material that follows. 2. Fees/Termination: Site and related service usage and/or subscription fees and duration of services were provided to you upon registration and may change from time to time upon electronic notice to you. We reserve the right to terminate your access to the Site for any reason or no reason. XESme Inc may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us or via any other method in its sole discretion. If XESme Inc terminates your membership in the Hot4Trixxx service because you have breached this Agreement, in the sole discretion of XESme Inc, you will not be entitled to any refund of any unused subscription fees and thereby you agree to waive any claim to such refund of fees. 3. Non-Commercial Use by Members/Viewers: The Hot4Trixxx site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of HOT4Trixx site and shall not use Hot4Trixxx services or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services in this site's chat rooms, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at Hot4Trixxx’s sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, XESme Inc. may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages at XESme Inc’s sole discretion. 4. Proprietary Rights of Content on Hot4Trixxx: XESme Inc. owns and retains other proprietary rights in the HOT4Trixx site and the HOT4 Trixx services. The site contains the copyrighted material, trademarks, and other proprietary information of XESme Inc, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. 5. Content Posted on the Site/CDA: A) XESme Inc. claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that XESme Inc. may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment XESme Inc. violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of XESme Inc. and/or its members. B) You are solely responsible for the content that you publish or display (hereinafter, "post") on the Hot4Trixxx website, or transmit to other XESme Inc. members. C) By posting content to any public area of Hot4Trixxx, you automatically grant, and you represent and warrant that you have the right to grant, to XESme Inc. and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy. D) XESme Inc. will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. E) You must use the Hot4Trixxx service in a manner consistent with any and all applicable laws and regulations. F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Hot4Trixxx site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to XESme Inc. by our users or third parties. G) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Hot4Trixxx members. Although XESme Inc. cannot monitor the conduct of its members off the Hot4Trixxx site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. H) Your profile (and the contents thereof) may be searchable by third-party publicly available search engines. 6. Copyright Policy/DMCA Notice: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Hot4Trixxx service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on telephone number, and email address; a written 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. It is the intention of XESme Inc. to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference. 7. Member Disputes: XESme Inc. does not solicit or control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member’s profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other Hot4Trixxx members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Hot4Trixxx site, you release XESme Inc., including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." XESme Inc. reserves the right, but has no obligation, to monitor disputes between you and other members. 8. Privacy: Use of the Hot4Trixxx site and/or its service is governed by our Privacy Policy, which may change from time to time upon electronic notice to you. 9. Disclaimers: XESme Inc, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the Hot4Trixxx site or in connection with the Hot4Trixxx service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the Hot4Trixxx service whether online or offline. XESme Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. XESme Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Hot4Trixxx site and/or in connection with the Hot4Trixxx service. Under no circumstances XESme Inc., be responsible for any loss or damage resulting from anyone's use of the Site or the service and/or any content posted on the Hot4Trixxx site or transmitted to Hot4Trixxx members. The Site and the service are provided "AS-IS" and XESme Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. XESme Inc. cannot guarantee and does not promise any specific results from use of the site and/or the Hot4Trixxx service. 10. Limitation on Liability: Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will XESme Inc. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Hot4Trixxx service, even XESme Inc. has been advised of the possibility of such damages. You further agree to hold XESme Inc., including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other user’s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, XESme Inc.'s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Hot4Trixxx for the service during the term of membership. 11. U.S. Export Controls: Software from this site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 12. Arbitration of Disputes: Any and all disputes arising out of or related to these Terms of Use and/or your relationship with XESme Inc. and/or your use of this Site shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction in Gwinnett County, Georgia. The arbitration shall take place exclusively in Gwinnett County, Georgia before a retired judge and shall be governed by Georgia law without regard to its conflict of law provisions. 13. Indemnity: You agree to indemnify and hold XESme Inc. its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above. 14. Notices/Other: Except as explicitly stated otherwise, any notices shall be given by postal mail to: General Counsel, XESme Inc. 1639 Country Walk Trl, Lawrenceville, GA 30043 or to the email address you provide to Hot4Trixxx during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, XESme Inc. may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Hot4Trixxx during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by XESme Inc., in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to XESme Inc. shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. XESme Inc.'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. XESme Inc. is located at: 1639 Country Walk Trl, Lawrenceville, GA 30043 Protect Your Kids: Keeping Children Away from Adult Sites: In our on-going efforts at Hot4Trixxx to make your experience as fun and safe as possible, we have created this document to help parents understand how to protect their children from inappropriate online material. The first step to protect your family is to install parental control software on your computer. Some of the best-known and respected parental control software packages are CyberPatrol, Net Nanny and Safety Surf. Also, some ISPs (Internet Service Providers, the companies that let your modem connect to the Internet) provide content filtering as part of their basic service. Check with your ISP to see if this is an option they offer. Parental control software works by blocking access to specific websites and online content. In most cases, when you buy the software it already contains a large list of sites that are inappropriate for children. You can then update the software through the manufacturer's website or, in some cases, the software will update itself. Another way filtering software works is to block sites based on key words, such as "sex." However, filtering software doesn't have to just block access to adult-oriented material. You can configure the software to filter for topics such as tobacco, drugs and drug culture, alcohol, violence and racism. Since there might be only one computer in your household, and you might be using the same computer as the children, you can set up the system to filter content during certain hours, such as when you're at work and not around to supervise your children's web surfing. You can also setup the system to create a password, that only you know, to override the restrictions. Some programs can also block personal information, such as name, address and phone number, from being sent from your computer. This is an excellent way to protect children from potential online predators. Many programs allow you to create different levels of security and filtering based on the different ages of the computer's users. Children can be given high security and heavy content filtering, but when you log on to the machine, you can set it to not filter any content at all. One thing to remember is that by installing filtering software on your computer, you might also restrict childrens' access to legitimate sites. This is especially true if you rely on key words (such as "sex") for blocking. Certain key words appear on legitimate news and information sites, so it's best to experiment with different settings when configuring the filter controls. Installing filtering software is no guarantee that children won't be exposed to some inappropriate material online. New websites pop up everyday, so it's important to keep your software up to date. Also, learn how your Internet browser software works so that you can check the sites your family has visited (this is the "History" feature, which displays a list of websites visited by the web browser). Talking to your children about the possible dangers that exist on the Internet, and supervising their web surfing are still the best ways to protect them. Some key general Internet-related safety points for your children: Tell them to never give out personal information about themselves or the family to strangers they might meet online or in a chat room. Remind them that online it's easy for people to pretend to be someone else. They can easily change their name, age and gender in an effort to get close to children. Teach them that they should never meet a new online friend without an adult present. Tell them to never give out their picture to a stranger, and that if they ever get a picture with sexual content, or something they find disturbing, that they should get off the computer immediately and tell you about it. Let them know that if they encounter something or someone dangerous that they can tell you about it, and that you won't blame them or get mad. Here are some sites where you can get parental control software: ICRAplus (free)ICRAplus (free) CyberPatrolCyberPatrol Safety SurfSafety Surf Good Internet safety information sites for both kids and adults are: Getnetwise RestrictedToAdults |
