Terms of Use

Terms of Use

The following terms and conditions (the “Terms and Conditions”) govern your use of HotFlashDiva.com, and any content made available from or through HotFlashDiva.com, including any subdomains thereof (“HotFlashDiva.com”). HotFlashDiva.com is made available by Jan Fox and Company. (“Jan Fox and Company” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on HotFlashDiva.com. BY USING HOTFLASHDIVA.COM, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF HOTFLASHDIVA.COM. If you do not agree to these Terms and Conditions, you may not access or otherwise use HotFlashDiva.com.

1.      Proprietary Rights.

As between you and Jan Fox and Company., Jan Fox and Company. owns, solely and exclusively, all rights, title and interest in and to HotFlashDiva.com, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, files, etc.), code, data and materials thereon, the look and feel, design and organization of HotFlashDiva.com, and the compilation of the content, code, data and materials on HotFlashDiva.com, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of HotFlashDiva.com does not grant to you ownership of any content, code, data or materials you may access on or through HotFlashDiva.com.

2.      Limited License.

You may access and view the content on HotFlashDiva.com on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on HotFlashDiva.com, make single copies or prints of the content on HotFlashDiva.com for your personal, internal use only. Use of HotFlashDiva.com and the services offered on or through HotFlashDiva.com, are only for your personal, non-commercial use.

3.      Prohibited Use.

Any commercial or promotional distribution, publishing or exploitation of HotFlashDiva.com, or any content, code, data or materials on HotFlashDiva.com, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Jan Fox and Company. or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through HotFlashDiva.com. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through HotFlashDiva.com, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through HotFlashDiva.com. If you make other use of HotFlashDiva.com, or the content, code, data or materials thereon or available through HotFlashDiva.com, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

4.      Trademarks.

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on HotFlashDiva.com or on content available through HotFlashDiva.com are registered and unregistered Trademarks of Jan Fox and Company. and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Jan Fox and Company. that appear on HotFlashDiva.com or on or through HotFlashDiva.com’s services, if any, are the property of their respective owners. Nothing contained on HotFlashDiva.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on HotFlashDiva.com without the written permission of Jan Fox and Company or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on HotFlashDiva.com or on or through any of HotFlashDiva.com’s services is strictly prohibited.

5.      User Information.

In the course of your use of HotFlashDiva.com and/or the services made available on or through HotFlashDiva.com, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Jan Fox and Company’s information collection and use policies with respect to the privacy of such User Information are set forth in HotFlashDiva.com’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

6.      Submitted Materials.

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through  HotFlashDiva.com, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with HotFlashDiva.com’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

7.      Prohibited User Conduct.

You warrant and agree that, while using HotFlashDiva.com and the various services and features offered on or through HotFlashDiva.com, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of HotFlashDiva.com’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Jan Fox and Company. or otherwise through HotFlashDiva.com), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through HotFlashDiva.com. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through HotFlashDiva.com or the services offered on or through HotFlashDiva.com, including without limitation any information residing on any server or database connected to HotFlashDiva.com or the services offered on or through HotFlashDiva.com; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use HotFlashDiva.com or the services made available on or through HotFlashDiva.com in any manner with the intent to interrupt, damage, disable, overburden, or impair HotFlashDiva.com or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use HotFlashDiva.com or HotFlashDiva.com’s services or features in violation of Jan Fox and Company ’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use HotFlashDiva.com or HotFlashDiva.com’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with HotFlashDiva.com or HotFlashDiva.com’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use HotFlashDiva.com in any manner that could damage, disable, overburden, or impair HotFlashDiva.com or interfere with any other party’s use and enjoyment of HotFlashDiva.com or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through HotFlashDiva.com.

8.      Public Forums.

Jan Fox and Company may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through HotFlashDiva.com. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through HotFlashDiva.com or any service or feature made available on or through HotFlashDiva.com, any materials which (i) restrict or inhibit any other user from using and enjoying HotFlashDiva.com or HotFlashDiva.com’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Jan Fox and Company. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

9.      Right to Monitor and Editorial Control.

Jan Fox and Company reserves the right, but does not have an obligation, to monitor and/or review all materials posted to HotFlashDiva.com or through HotFlashDiva.com’s services or features by users, and Jan Fox and Company is not responsible for any such materials posted by users. However, Jan Fox and Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Jan Fox and Company ’s sole discretion are objectionable or in violation of this Terms of Use, Jan Fox and Company ’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

10.  Private or Sensitive Information on Public Forums.

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on HotFlashDiva.com and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

11.  Linking to HotFlashDiva.com.

You agree that if you include a link from any other Web Site to HotFlashDiva.com, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of HotFlashDiva.com. You are not permitted to link directly to any image hosted on HotFlashDiva.com or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Web Site. You agree not to download or use images hosted on HotFlashDiva.com, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other Web Site to HotFlashDiva.com in any manner such that HotFlashDiva.com, or any page of HotFlashDiva.com, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to HotFlashDiva.com be discontinued, and to revoke your right to link to HotFlashDiva.com from any other Web Site at any time upon written notice to you.

12.  Indemnification.

You agree to defend, indemnify and hold Jan Fox and Company and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of HotFlashDiva.com, your placement or transmission of any message, content, information, software or other materials through HotFlashDiva.com, or your breach or violation of the law or of these Terms and Conditions. Jan Fox and Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Jan Fox and Company ’s defense of such claim.

13.  Orders for Products and Services.

We may make certain products available to visitors and registrants of HotFlashDiva.com. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Jan Fox and Company. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through HotFlashDiva.com may be subject to additional terms and conditions presented to you at the time of such purchase or download.

14.  Third Party Web Sites.

You may be able to link from HotFlashDiva.com to third party Web Sites and third party Web Sites may link to HotFlashDiva.com (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Web Sites or the information, content, products, services, advertising, code or other materials presented on or through such Web Sites. The inclusion of any link to such sites on our Site does not imply Jan Fox and Company ’s endorsement, sponsorship, or recommendation of that site. Jan Fox and Company disclaims any liability for links (1) from another Web Sites to HotFlashDiva.com and (2) to another Web Sites from HotFlashDiva.com. Jan Fox and Company cannot guarantee the standards of any Web Sites to which links are provided on HotFlashDiva.com nor shall Jan Fox and Company be held responsible for the contents of such sites, or any subsequent links. Jan Fox and Company does not represent or warrant that the contents of any third party Web Sites is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Jan Fox and Company is not responsible for or any form of transmission received from any linked Web Sites. Any reliance on the contents of a third party Web Sites is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

15.  Copyright Agent.

We respect the intellectual property rights of others, and require that the people who use HotFlashDiva.com, or the services or features made available on or through HotFlashDiva.com, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Jan Fox and Company:

    • Your address, telephone number, and email address;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the alleged infringing material is located;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 are authorized to act on the copyright owner’s behalf.

Jan Fox
Jan Fox and Company
e-mail: janfox@hotflashdiva.com

18.  Applicable Laws.

We control and operate HotFlashDiva.com from our offices in the United States of America. We do not represent that materials on HotFlashDiva.com are appropriate or available for use in other locations. Persons who choose to access HotFlashDiva.com from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

19.  Termination.

Jan Fox and Company may terminate, change, suspend or discontinue any aspect of HotFlashDiva.com or HotFlashDiva.com’s services at any time. Jan Fox and Company may restrict, suspend or terminate your access to HotFlashDiva.com and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Jan Fox and Company maintains a policy that provides for the termination in appropriate circumstances of HotFlashDiva.com use privileges of users who are repeat infringers of intellectual property rights.

20.  Changes to Terms of Use.

Jan Fox and Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of HotFlashDiva.com and/or the services made available on or through HotFlashDiva.com after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.