Terms & Conditions
HOTBOX SPORTS VENTURES INC WEBSITE TERMS AND CONDITIONS OF USE
Effective Date: April 1st, 2014
Hotbox Sports receives real life game statistics from our stats provider, Sports Direct. Please see the Official Rules in each contest for rules regarding Score Corrections and Winner Selection.
The Website may be viewed internationally, and may contain references to products or services not available in all countries. A reference to a particular product or service does not imply that we intend to make such products or services available in such countries. While accessing and using the Website, you must abide by all applicable jurisdictional laws, rules, codes and regulations.
Additionally, when you register for an account with Hotbox Sports, you acknowledge that in using Hotbox Sports’ services to send electronic communications (including but not limited to e-mail, search queries, sending messages to us or within chat groups), you will be causing communications to be sent through Hotbox Sports, its affiliates and/or its partner’s or third party’s computer networks, portions of which may be located in other parts of the United States and portions of which may be located abroad. As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms and Conditions of Use, you acknowledge that use of the Website results in interstate data transmissions.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via e-mail, text, IM, by posting notices on the Website or any other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All past, present and future content included on the Website, including but not limited to, text, design, graphics, logos, button icons, images, video, audio clips, digital downloads, interfaces, advertising copy, data compilations, organization, trademarks, domain names, trade names, service marks and trade identities, software, source and code, and any and all copyrightable material including, without limitation, the “look and feel” of the Website (collectively “Content”) is the property of Hotbox Sports, its affiliates, licensors or its content suppliers, and is protected by United States and international copyright laws. For purposes of these Terms and Conditions of Use, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Hotbox Sports, or any entity or person in which Hotbox Sports, directly or indirectly, owns a controlling interest, including without limitation its parents and/or its subsidiaries. The compilation of all Content on this Website is the exclusive property of Hotbox Sports, its affiliates, licensors, or its software suppliers and is protected by United States and international copyright laws. All software used on this Website is the property of Hotbox Sports, its affiliates, licensors or its software suppliers and is protected by United States and international copyright laws. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of a duly authorized officer of Hotbox Sports.
Hotbox Sports is the owner the following registered trademark in the United States and/or other countries:
Hotbox Sports and other trademarks contained on the website are trademarks or registered trademarks of Hotbox Sports in the United States and/or other countries. The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Hotbox Sports or its affiliates may not be removed, altered or used in connection with any business, product, or service whose source is not Hotbox Sports or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Hotbox Sports or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by Hotbox Sports or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hotbox Sports or its affiliates. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any Hotbox Sports and/or third party trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels on the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Hotbox Sports or its affiliates displayed or contained in the Website without the express, written consent of a duly authorized officer of Hotbox Sports or its affiliates.
Hotbox Sports is the owner of one or more patents or patent-pending intellectual properties that apply to the Website and to the features, products, and services accessible via the Website, including, without limitation: U.S. Patent & Trademark Office issued U.S. Patent No. 7,699,707, certifying that the Hotbox Sports® Product is a novel and innovative system, and other patent rights derived therefrom in the world relating to fantasy sports products and services. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the patents pending, patents or the patentable inventions contained therein without the express, written consent of a duly authorized officer of Hotbox Sports.
License and Website Access
You must be at least 18 years of age to register for account. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than 18 years old, you must meet the age requirement in your local jurisdiction, territory or location.
You may register for only one account to access the Website and/or participate in any of the products and/or services offered on the Website. If you register for an account and use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to (a) immediately notify Hotbox Sports of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. Without limiting the foregoing, your session will expire and you will be automatically logged out of your account for non-activity upon thirty (30) minutes after your last action on the Website. Although your account will automatically be logged out due to inactivity, Hotbox Sports cannot and will not be liable for any loss or damage arising from your failure to log out of your account or otherwise comply with this section. You agree to accept responsibility for all activities that occur through the use of your account.
In the event Hotbox Sports discovers that you have opened more than one account, in addition to any other rights we may have, we reserve the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke awarding you prizes, if any.
Hotbox Sports reserves the right to cancel an account at any time for any reason. You shall not receive any refund for any fees previously paid up through the date of cancellation or termination. Any remaining funds in a canceled account will be refunded to you by check to the address associated with your account.
We do not sell products for children, but we may sell products to adults who must be 18 years of age or older in order to purchase such products with a credit card. We may also sell products to adults, who must be 21 years of age or older in order to purchase such products with a credit card.
Reviews, Comments, Communications, and Other Content
Hotbox Sports and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and absolute discretion. You may not post reviews, comments, and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
If you do post/upload content or submit material, including but not limited to messages, photographs, audio, video, text, ideas, suggestions, documents, and/or proposals (collectively ” Contributions”) and unless we indicate otherwise, you grant Hotbox Sports and its affiliates and partners a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right containing, without limitation, all right, title and interest in the Contributions, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Contributions throughout the universe in any media, including, without limitation, any patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, ideas, concepts, know-how or techniques, algorithms, moral rights, inventions, goodwill and any other intellectual property rights contained in any Contributions you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, marketing, or promoting new products or services using such information and things. You grant Hotbox Sports and its affiliates, partners and the officers, directors, employees and licensees of each of them the right, in perpetuity throughout the universe, without any compensation, reimbursement or credit to you, to use, modify, alter, display, archive, publish, perform, reproduce, transmit, broadcast, post, sell, create derivative works of and/or translate the Contributions or portions thereof, including your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or hereinafter devised for any purposes whatsoever. You agree and hereby waive any moral rights you may have in and to the Contributions, even if such Contribution is modified, adapted or changed in a manner not agreeable to you. You represent and warrant that you own or otherwise control all of the rights to any and all Contributions and/or other content that you post; that any and all Contributions and/or other content is accurate; that the use of any of the Contributions and/or other content you supply does not violate these Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Hotbox Sports, its related entities and its affiliates for all claims resulting from all Contributions and/or other content you supply.
By submitting to Hotbox Sports through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Hotbox Sports, its affiliates and/or partners are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Hotbox Sports and its affiliates shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media throughout the universe; and (d) Hotbox Sports and its affiliates may have something similar to the Contributions already under consideration or in development.
We reserve the right (but have no obligation) to remove or edit Content, Contributions and/or other content, but we do not regularly review postings. From time to time, we may monitor and edit or remove any activity or Content, Contributions and/or other content, but we have no obligation to do so. We take no responsibility and assume no liability for any Content, Contributions and/or any other content posted by you or any third party. Harassment in any manner or form on the Website, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Hotbox Sports employee, host, or representative or other members or visitors to the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any Contributions or other content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that constitutes or encourages a criminal offense, violates the rights of any party, or otherwise gives rise to liability or violates any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any commercial online service or other organization. You may not upload, transmit, display, distribute, promote, or otherwise make available anything that may adversely affect our business, including without limitation, discouraging any person or entity from advertising and/or doing business with us. You may not promote, solicit, encourage or commit any conduct by yourself, with or on behalf of others that violates any local, state, national or international laws.
Since Hotbox Sports and its affiliates, partners and the officers, directors, and employees of each of them are not obligated to pre-screen posted Contributions or other content, you agree and understand that you bear all liability and legal responsibility associated with Contributions or other content you post, and indemnify Hotbox Sports and its affiliates, partners and the officers, directors, employees of each of them therefrom. We treat Contributions and other content as non-confidential, non-proprietary, therefore, we will not be liable for any use or disclosure to anyone, including, without limitation, claimed intellectual property owners.
Promotions, Contests and Sweepstakes
It is your responsibility to determine and ensure that you are eligible to participate, register or enter any promotion, contest or sweepstakes (collectively “Promotions”) offered on the Website. Promotions may be governed by a separate set of rules other than these Terms and Conditions of Use, so you must read any rules, requirements and eligibility accompanying said Promotions, including but not limited to being of lawful age and residing in a jurisdiction in which your participation in the Promotions and/or win prizes offered on the Website is not prohibited by applicable laws, codes or regulations. Even if you participate in Promotions you may not be eligible to win and/or collect prizes due to applicable laws, codes or regulations. In the event you are eligible to win prizes, you will be responsible for paying any sales, use or other taxes related to any prizes awarded to you in connection with Promotions.
You will be asked to register for Promotions. You agree to provide true, accurate, current and complete registration data and to update such data as necessary in order to maintain it in an up to date and accurate fashion. Without limiting the foregoing, we will verify and approve all registrants subject to third party verification procedures and reserve the right to reject registration attempts in our sole discretion. In addition to any other rights that Hotbox Sports may have in law or equity, Hotbox Sports reserves the right to suspend or terminate any account (and terminate, withhold or revoke the awarding of any prizes associated with such account) of any purported user that does not meet applicable Promotions eligibility requirements.
Promotions can either be played for free or require an entry fee to participate. Entry fees, official rules, scoring, winner determination criteria and prizes are stated in each applicable Promotions’ official rules so please read each in its entirety.
The challenge for each of the Promotions is that you must use your knowledge, skill, information and statistics related to professional sports players that is publically available to make your selections and achieve the highest fantasy score. We attempt to be as accurate as possible, however, we do not warrant or represent that the content, statistics, results or other content offered on the Website by Hotbox Sports and/or third party providers in connection with Promotions is accurate, complete, reliable, current, or error-free. To the extent that Hotbox Sports and/or its third party providers offer ‘live’ statistics during Promotions game-play, all ‘live’ statistics and other information provided through the Website and related information sources should be treated as unofficial. Do not assume the content, statistics, results or other content in connection with Promotions is accurate, complete, reliable, current, error-free, legal and valid simply because it is featured in the Promotions. Hotbox Sports shall not be responsible or liable for the accuracy, usefulness, or availability of any such information transmitted or made available via the Website and related information sources, and shall not be responsible or liable for any error or omissions in such information.
If for any reason a Promotions is not capable of running as originally planned, or if the Promotions or Website or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper usage and processing of entries in accordance with the official rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Hotbox Sports corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotions, Hotbox Sports reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the applicable Promotions, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.
HOTBOX SPORTS, INCLUDING ANY OF ITS AFFILATES AND PARTERNERS ARE NOT RESPONSIBLE FOR ATTEMPTED REGISTRATIONS OR DRAFT SELECTIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, STOLEN INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED PROMOTIONS. IF YOU FAIL TO ENTER PROMOTIONS INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS OUR WEBSITE OR ANY WEBSITE IN CONNECTION THEREWITH FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN SUCH PROMOTIONS AND YOUR ENTRY FEE IS SUBJECT TO FORFEITURE.
Hotbox Sports will be responsible for tallying the Promotions results at the close of the applicable Promotions contest period after receiving results reporting provided by our third party statistics providers. Hotbox Sports determines winners, in its sole discretion, in accordance with applicable Promotions scoring rules including but not limited to any stats corrections and/or tie breaker rules. Once Promotions results are reviewed and tallied, winners are notified and verified, prizes, if any, will be awarded. Winners of Promotions are posted on the Website, regardless if such winner is eligible to receive a prize.
Winners may be requested to return via email or regular mail an affidavit of eligibility and appropriate tax forms. We may require you to provide proof that you are eligible to participate in Promotions prior to receiving a prize. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms and Conditions of Use in any manner.
In the event that the awarding of any prizes to winners of Promotions is challenged by any legal authority, Hotbox Sports reserves the right in our sole discretion to determine whether or not to award such prizes.
ALL DETERMINATIONS BY HOTBOX SPORTS WITH RESPECT TO WINNERS AND PRIZES WILL BE MADE IN OUR SOLE AND ABSOLUTE DISCRETION AND WILL BE FINAL AND BINDING ON YOU.
Each of the Promotions is governed by its own set of official rules, therefore, you should reach such Promotions rules in their entirety before participating in any of the Promotions offered on the Website. These Terms and Conditions of Use are incorporated by reference to the specific rules of participation that appear in connection with information about a particular Promotion. To the extent that any conflict exists between these Terms and Conditions of Use and specific rules of participation, the rules of participation for the Promotion in which you choose to participate shall govern. Where there is no conflict between these Terms and Conditions of Use and specific rules of participation, these Terms and Conditions of Use shall govern.
Pricing, Products and Risk of Loss
Hotbox Sports and its affiliates attempt to be as accurate as possible. However, Hotbox Sports does not warrant or represent that the product descriptions, Content, or other content of this Website or accessible through this Website is accurate, complete, reliable, current, or error-free. If a product offered by Hotbox Sports itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by Hotbox Sports, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mis-priced. If we discover a mispricing, we will do one of the following:
If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; OR
If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellations.
Any and all items purchased from Hotbox Sports are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Please note that the above policy applies only to products sold and shipped by Hotbox Sports. Third party advertisers may offer services, goods or other materials through the Website and payment and delivery of services, any terms, conditions, representations and warranties associated with such dealings are solely between you and the third party advertiser. You agree that Hotbox Sports and its affiliates will not be responsible or liable for any costs, loss or damages as a result of such dealings or offerings by such third party advertisers. Additionally, any description of or reference to services or products offered by third party advertisers does not constitute an endorsement by us.
These Terms and Conditions of Use apply only to this Website, and not to the websites of any other person or entity. The Promotions and/or the Website may contain links to other websites that are owned and operated by third parties. In some instances these websites are co-branded and the third parties are entitled to use Hotbox Sports’ name and logo on their third party websites. You acknowledge and agree that we are not responsible or liable for the availability or operation of such external websites or resources, for any material located on or available from any such websites or for the protection of your data privacy by such third parties. Further you acknowledge and agree that we do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, we will be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). Any dealings with, or participation in Promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or Promotions, are solely between you and the applicable advertiser or other third party. You should direct any concerns with respect to any other websites to that website’s administrator or webmaster; we provide links to other websites solely as a matter of convenience.
You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Hotbox Sports according to the requirements below and so long as the link does not portray Hotbox Sports, its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of Hotbox Sports or any of its affiliates as part of the link without the express, written consent of an duly authorized officer of Hotbox Sports.
Provided you strictly comply with the following linking requirements, you may link to, and not replicate, the Website, further provided that you:
Must not replicate the Content;
Must not, without the express prior written consent of a duly authorized officer of Hotbox Sports, imply that Hotbox Sports is sponsoring or endorsing any products or services of the linking website or otherwise;
Provide true and accurate information about Hotbox Sports;
Receive prior written consent from a duly authorized officer of Hotbox Sports to use any of its trademarks or other intellectual property.
Notwithstanding anything to the contrary contained in these Terms and Conditions of Use, we reserve the right to deny permission to link to the Website for any reason whatsoever in our sole and absolute discretion.
We respect the intellectual property rights of others, and we ask our Website users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user to use of the Website (or any part thereof) who infringes on the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mail address;
The address, telephone number, e-mail address or other information so that we may contact the alleged infringer;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Hotbox Sports’ designated agent for notice of claims of copyright infringement on the Website at the following addresses:
Stephen A. Cohen
Sichenzia Ross Friedman Ference LLP
61 Broadway | 32nd Floor | New York, NY 10006
T 212 930 9700 | F 212 930 9725 | D 646 810 0613
[email protected] | www.srff.com
Please note that this procedure is exclusively for notifying Hotbox Sports and its affiliates that your copyrighted materials have been infringed. For all other questions or inquires relating to the Website please contact [email protected]
Disclaimer of Warranties and Limitation of Liability
THE WEBSITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE IN ANY MANNER THEREFROM, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS”. HOTBOX SPORTS, ITS AFFILIATES, AND PARTNERS AND THE OFFICERS, DIRECTORS, EMPLOYEES OF EACH OF THEM MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR ANY OTHER CONTENT INCLUDED ON OR TRANSMITTED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF ITS CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND/OR THE CONTENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HOTBOX SPORTS AND ITS AFFILIATES, PARTNERS AND THE OFFICERS, DIRECTORS, EMPLOYEES OF EACH OF THEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. HOTBOX SPORTS DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, SOFTWARE, E-MAIL OR COMMUNICATIONS SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS NOR DOES HOTBOX SPORTS WARRANT THAT DEFECTS ON THE WEBSITE WILL BE CORRECTED. HOTBOX SPORTS, ITS AFFILIATES, AND PARTNERS AND THE OFFICERS, DIRECTORS, EMPLOYEES OF EACH OF THEM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOTBOX SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL HOTBOX SPORTS, ITS AFFILLIATES, ITS PARTNERS, ITS lICENSORS, ITS lICENSEES, OR ANY OF THE FOREGOING ENTITIES MENTIONED IN THESE TERMS AND CONDITIONS OF USE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
HOTBOX SPORTS DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, HOTBOX SPORTS SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND AND AGREE THAT BY USING THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT IN THE JURISDICTION YOU ACCESS THE WEBSITE SUCH ACTIVITY IS LAWFUL.
HOTBOX SPORTS, ITS AFFILIATES AND PARTNERS AND THE OFFICERS, DIRECTORS, EMPLOYEES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY ERRORS CONTAINED THEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. 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.
YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOTBOX SPORTS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
The Website was developed in the United States of America in accordance with and shall be governed by the laws of the state of New York. By visiting the Website, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use including the interpretation of these Terms and Conditions of Use, and any dispute of any sort that might arise between you and Hotbox Sports or its affiliates. Specifically, the United Nations Conventions on Contracts for the Sale of Goods shall not apply if otherwise applicable.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in the state of New York, in the City of New York, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Hotbox Sports’ intellectual property rights, Hotbox Sports may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use, whether through class arbitration proceedings or otherwise. You hereby waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms and Conditions of Use and/or the Website and further you hereby waive the defense of forum non conveniens.
By using the Website and/or our products and/or services you agree to indemnify and hold Hotbox Sports and its affiliates, officers, agents, employees, partners and licensors harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, injuries, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website, our services and/or products, in any way, whatsoever; (b) injuries, damages or losses to persons and property which may be sustained in connection with use of our services and/or products (c) the receipt, ownership, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy; (d) your breach of the Terms and Conditions of Use; (e) any disputes between you and any third parties; (f) any claim that Hotbox Sports owes any taxes in connection with your use of the Website, our services and/or products; and/or (g) your violation of any rights of another individual and/or entity.
You further agree to indemnify and hold Hotbox Sports and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Contributions or other content you submit, post, transmit or otherwise make available through the Website, your use of the Website, your connection to the Website, your violation of these Terms and Conditions of Use, or your violation of any rights of another.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Website or any part of the Website.
No Third Party Beneficiaries
You agree that, except as may otherwise be expressly provided in these Terms and Conditions of Use, there shall be no third party beneficiaries to these Terms and Conditions of Use.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. This applies to you and your successors.
Site Policies, Modification, and Severability
You hereby agree that Hotbox Sports may set general procedures concerning the Website, including without limitation the maximum number of days that email messages, message board postings, Content, Contributions or other uploaded content will be retained by the Website, the maximum number and size of any email messages that may be sent from or received by an account on the Website, and the maximum disk space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications, Content, Contributions or other content maintained or transmitted by the Website.
If any of these Terms or Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. No waiver on the part of Hotbox Sports of any of these Terms and Conditions of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of Hotbox Sports. You agree that these Terms and Conditions of Use will not be construed against Hotbox Sports by virtue of having drafted these Terms and Conditions of Use.
These Terms and Conditions of Use constitute the entire agreement between you and Hotbox Sports and govern your use of the Website, superseding any prior agreements between you and Hotbox Sports with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Hotbox Sports services, affiliate services, third-party content or third-party software.
HOTBOX SPORTS will advise all customers of any amendments or changes to the Terms & Conditions by providing an updated link to the Terms & Conditions upon submission of contest ticket.
HOTBOX SPORTS VENTURES INC
50 South Franklin Turnpike
Ramsey, NJ 07446