HOTSOKO TERMS AND CONDITIONS (T&C)
1. INTRODUCTION & ACCEPTANCE
2. USING THE PLATFORM AND ITS SERVICES
(i) you own or have and shall continue to, for such time the Content is available on the platform, have the necessary licenses, rights, consents, and permissions to use such Content on the platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize HOTSOKO to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and
(ii) You have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms.
(iii) You retain all of your ownership rights in your Content; however, by submitting any Content on the platform, you hereby grant to HOTSOKO an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the platform and HOTSOKO 's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by HOTSOKO in order to host and display your Content.
(iv) By posting Content to any public area of the Service, you agree to and do hereby grant to HOTSOKO all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website (this license excludes scrapping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or HOTSOKO remove or delete such Content from the Website.
3. USER CONDUCT
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
6. ACCESS TO THE PLATFORM
HOTSOKO grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the service by other agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by HOTSOKO or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the platform, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the platform so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). HOTSOKO may limit the amount of postings displayed on or linked to your website.
Use of the platform beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the platform or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from HOTSOKO.
8. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under this Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to HOTSOKO, and are subject to copyright and other intellectual property rights. In connection with the Services, the Website may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to HOTSOKO. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HOTSOKO reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the platform for any commercial purposes. Any reproduction, modification, creation of derivative works from or redistribution of the platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
9. CLAIMS OF INFRINGEMENTS
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to HOTSOKO together with a request to HOTSOKO to delete the relevant Content in good faith. The notification and the request must contain the following information:
Please send the notifications to email@example.com
9. USER SUBMISSIONS
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that HOTSOKO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HOTSOKO with respect thereto.
You agree to defend, indemnify and hold harmless HOTSOKO, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iii) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
10. HOTSOKO’S ROLE AS A MARKETPLACE
i. we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;
ii. we do not check, audit or monitor all information contained in listings;
iii. we are not party to any contract for the sale or purchase of products advertised on the marketplace;
iv. we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;
v. we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
vi. We do not warrant or represent: the completeness or accuracy of the information published on our marketplace; that the material on the marketplace is up to date; that the marketplace will operate without fault; or that the marketplace or any service on the marketplace will remain available.
vii. We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace.
viii. We do not guarantee any commercial results concerning the use of the marketplace.
ix. To the maximum extent permitted by applicable law and subject to section
x. we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.
ACKNOWLEDGEMNT OF ACCEPTANCE OF T&C