This HotVue Business Agreement (the "Agreement") is a binding contract between HotVue LLC and you, a youtube content creator ("Channel Provider"). This Agreement governs access to and use of the HotVue platform as well as the Youtube Channel Growth services that are made available to you (together, with HotVue, the "Services"). By clicking "I agree", signing your contract for the Services or using the Services, you agree to this Agreement as a Channel Provider. If you do not wish to be bound, then do not sign this contract.
- Provision of Services Channel Provider may access and use the Services in accordance with this Agreement. HotVue will deliver to Channel Provider the services therein on our site (“Services”) according to the terms and conditions of this agreement (“Agreement”).
- Data Processing HotVue will use, at a minimum, youtube standard technical and organizational security measures to transfer, store and process Channel Provider Data. These measures are designed to protect the integrity of Channel Provider Data and guard against the unauthorized or unlawful access to, use and processing of Channel Provider Data.
- Modifications to the Services HotVue may update the Services from time to time. If HotVue changes the Services in a manner that materially reduces their functionality, HotVue will inform Channel Provider via the email address associated with the account.
- Channel Provider Obligations
- Channel Provider Administration of the Services HotVue's responsibilities do not extend to the management of contents shared. The Channel Provider is responsible for: (i) maintaining the confidentiality of passwords and user’s accounts; (ii) managing access to user’s accounts; and (iii) ensuring that user's use of the Services complies with this Agreement.
- Unauthorised Use & Access HotVue Services are not intended for End Users under the age of 18. Channel Provider will ensure that it does not allow any person under 18 to use the Services. Channel Provider will promptly notify HotVue of any unauthorized use of or access to the Services.
- Restricted Uses Channel Provider will not (i) sell, resell or lease the purchased HotVue service; (ii) use the purchased service for activities where use could lead to physical damage, death or personal injury; or (iii) reverse engineer the Services, nor attempt nor assist anyone else to do so, unless this restriction is prohibited by law.
- Third-party Services If Channel Provider uses any third-party service with the purchased plan, (a) HotVue will not be responsible for any act or omission of the third party, including the third party's access to or use of Channel Provider Data and (b) HotVue does not warrant or support any service provided by the third party.
- Of Channel Provider User Accounts by HotVue If a Channel Provider (i) violates this Agreement or (ii) uses the Services in a manner that HotVue reasonably believes will cause it liability, then HotVue may request that Channel Provider suspend or terminate the applicable Channel Provider’s HotVue account. If Channel Provider fails to promptly suspend the account, then HotVue may do so.
- Illegal Activities Notwithstanding anything in this Agreement, if there are any suspected illegal activities on Channel Providers account then HotVue may automatically suspend use of the Services. "Illegal Activities" means: (i) use of the Services in such a way that do or could disrupt the Services, other Channel Providers' use of the Services, or the infrastructure used to provide the Services and (ii) unauthorized third-party access to the Services.
- Intellectual Property Rights
- Reservation of Rights Except as expressly set forth herein, this Agreement does not grant (i) HotVue any Intellectual Property Rights in Channel Provider Data or (ii) Channel Provider any Intellectual Property Rights in the Services or HotVue trademarks and brand features. "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights and other similar rights.
- Limited Permission Channel Provider grants HotVue only the limited rights that are reasonably necessary for HotVue to offer the Services (e.g. Traffic and growth of channel). This permission also extends to our affiliates and trusted third parties that HotVue works with to offer the Services (e.g. payment provider used to process payment of fees).
- Suggestions HotVue may, at its discretion and for any purpose, use, modify and incorporate into its services, license and sub-license, any feedback, comments or suggestions that Channel Provider send HotVue without any obligation to Channel Provider.
- Channel Provider List HotVue may include Channel Provider's name in a list of HotVue Channel Providers on the HotVue website or in promotional materials.
- Fees & Payment
- Fees During the Original Term of this Agreement and any extensions thereof, Channel Provider shall pay the Monthly Package Charge specified in the preferred package plan chosen by the channel provider. The Charges shall be paid by Channel provider to Hotvue every thirty days in accordance with the terms of the monthly billing invoices in the preferred package plan.
- Please kindly note this fees are non-refundable and chargeback are greatly frowned at. The Channel Provider is responsible for providing complete and accurate billing and contact information to. HotVue may suspend or terminate the Channel Provider accounts if Channel Provider made any attempt charging back through PayPal.
- Taxes In no event shall HotVue be liable for any taxes due by Channel Provider. The Channel Provider is responsible for all taxes. HotVue will charge tax when required to do so. If the Channel Provider is required by law to withhold any taxes, the Channel Provider must provide HotVue or the Channel Provider's reseller with an official tax receipt or other appropriate documentation.
- If Channel Provider has not made payment by the due date designated on Channel Provider’s preferred plan, Channel Provider will be subject to suspension, and possible disconnection.
- Term & Termination
- Term This Agreement will remain in effect starting from the first day the Channel Provider agrees to be bind by this contractual agreement and renewable after 365 days.
- Termination for Breach Either HotVue or Channel Provider may terminate this Agreement if the other party is in material breach of the Agreement and fails to cure that breach.
- Effects of Termination If this Agreement terminates: (i) the rights granted by HotVue to Channel Provider will cease immediately (ii) HotVue may provide Channel Provider access to its account at then-current fees so that Channel Provider may export its Stored Data; and (iii) after a commercially reasonable period of time, HotVue may delete any Stored Data relating to Channel Provider's account.
- By Channel Provider You agree to defend, indemnify, and hold harmless HotVue, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use of the Services, (ii) your violation of the Terms of Service, (iii) any services provided by YouTube or any other third party service providers to You whether known or unknown, (iv) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right, and (v) any submission by You that causes damage to a third party. You shall cooperate as fully as reasonably required in the defense of any claim. HotVue reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Channel Provider. You shall not enter into any settlement agreement that affects the rights of HotVue without HotVue’s prior written approval.
- By HotVue HotVue will indemnify, defend and hold harmless Channel Provider from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against Channel Provider to the extent based on an allegation that HotVue's technology used to provide the Services to the Channel Provider infringes or misappropriates any copyright. In no event will HotVue have any obligations or liability arising from use of any Services in a modified form or in combination with materials not furnished by HotVue .
- Disclaimers THE SERVICES ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER CHANNEL PROVIDER NOR HOTVUE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAY MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT. CHANNEL PROVIDER IS RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY STORED DATA.
- Limitation of LiabilityLimitation on Indirect Liability TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR HOTVUE OR CHANNEL PROVIDER'S INDEMNIFICATION OBLIGATIONS, NEITHER CHANNEL PROVIDER NOR HOTVUE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Representation of Age and Ability to Accept Terms of Service
Channel Providers affirm that they are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms and obligations provided in these Terms of Service.
In any event, You affirm that You are over the age of 18, as the Services are not intended for children under 18. If You are under 18 years of age, then please do not fill this agreement out unless a Parent and/or Guardian over the age of 18 is signing.
In addition, once opting in to this agreement provided by HotVue, you agree and confirm that we may and/or will send a communication to You regarding any action on your account.
- Amendment of the Agreement, Term, and Termination
HotVue may need to amend this agreement from time to time. When HotVue amends this agreement, we shall notify you, the Channel Provider. Your continued use of the Service shall be deemed acceptance of such Amended agreement.
The term of this agreement will begin on the date that you fill and sign this agreement document. The agreement will automatically renew for additional consecutive one year periods unless and until either party provides the other with at least 60 days prior written notice of its desire to terminate.
Notwithstanding the foregoing, HotVue may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or any part of the Services for any or no reason, including, but not limited to, breach of these agreement terms
- Service of Process
You agree that HotVue may effectuate service of process on You relating to any claim, action, lawsuit, or other proceeding by serving you at either the mailing address or email that you provided upon the registration and creation of your account or as updated thereafter. Such service shall be deemed to have the same force and effect as personal service.
If any provision of these agreement is deemed invalid or unenforceable under any statute, regulation, ordinance, or by a court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or court, and the remaining provisions shall remain in full force and effect.
- No Waiver:
The failure of HotVue to enforce any right or provision in this agreement form shall not constitute a waiver of such right or provision unless agreed to in writing by HotVue. In addition, HotVue’s waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent breach.
- No Integration
These Terms of Service constitute the complete and final expression of the entire and only understanding between Channel Provider and HotVue relating to the subject matter of this agreement and supersedes any prior written or oral representations.
- Governing Law and Venue
This Channel Provider/buyer’s agreement policy shall be governed by the laws of the American, without respect to its conflict of laws principles. Any claim or dispute between Channel Provider and HotVue that arises in whole or in part from the use of the Services shall be decided exclusively by a court of competent jurisdiction located within the United States District Court, and Channel Provider agrees to the personal jurisdiction of such courts.
- Mediation and Arbitration
Before initiating a lawsuit in state or federal court or a proceeding with any administrative agency, the parties agree to first mediate any disputes, controversies, or claims in connection with or arising out of these agreement policy. If mediation does not resolve the dispute, the parties agree that any disputes, controversies, or claims in connection with or arising out of these agreement policy shall then be determined by binding arbitration in United State court of law before an arbitrator who is a member of the American Arbitration Association.
I hereby agree and understand all of what was noted on the agreement policy and I understand that my account will be on-hold unless this agreement policy has been filled out and sent in to HotVue.