Terms & Conditions
The HOTIBO User Agreement (the "Agreement") describes the principles and rules on which HOTIBO ("we" or "our company") provides services to you ("Customer" or "You"). By registering or using the services of HOTIBO, the Client undertakes to follow all the points below the stated user agreement.
1. Right to use HOTIBO Services
Our Services are provided only to individuals or business units (in particular, businesses) that have a proper legal status to allow them to enter into legally binding contracts in accordance with applicable laws. The User hereby certifies that he has the right to engage in private entrepreneurial activity in accordance with the laws of the applicable jurisdiction (during the term of this Agreement), does not compete with HOTIBO, and also declares that by approving this Agreement he has reached the age of 18 and has the right to enter into binding contracts due to age as a Client.
2. HOTIBO services
HOTIBO offers its services to the Client, provided that the latter undertakes to comply with this Agreement. For the purposes of this Agreement: (a) "Customer" (or "you") means an individual or business unit, including its employees or agents, using or intending to use the Services; (b) "Services" HOTIBO means the electronic or interactive services provided by HOTIBO. HOTIBO reserves the right to change or discontinue any of the Services at any time.
You acknowledge that all materials (other than those uploaded by users) presented on this Web page, including but not limited to information, documentation, products, logos, graphics, sounds, GUIs, software and services (collectively referred to as " Materials ") provided by HOTIBO or third parties - authors, developers, suppliers (collectively referred to as" Intermediaries ") belong to HOTIBO and / or Intermediaries. Elements of the Web pages are protected by legislation on the collection of various non-functional elements of goods or services and other laws and cannot be copied or reproduced in whole or in part. HOTIBO, the HOTIBO logo and other products mentioned in this agreement are trademarks of HOTIBO and may be registered in some jurisdictions. Other product names, company names, brands, logos, and symbols may be trademarks of their respective owners.
4. Customer Information
The client undertakes to provide HOTIBO with correct, accurate and complete information about himself on the issues proposed in the registration form. The client agrees to timely update and maintain his information in a correct, accurate and complete condition. If you provide incorrect, inaccurate, outdated or incomplete information, HOTIBO has the right to suspend or cancel your registration and this Agreement.
5. Customer account
5.1 Authorized users
The Client may appoint proxies who have the right to use the Services, provided that the said persons are entitled to conclude binding contracts for the Client. Moreover, the Client acknowledges and confirms that the person registering as a trustee of the Client ("Authorized User") has the legal rights of the Client.
5.2 Accountability for access
The Client is fully responsible for all and any attempts to access the Services or use the Services (including all actions and transactions) by Authorized or Identified Users registered in the Client's account, unless the access or use of the Services is a direct result of HOTIBO's negligence. The Client is obliged, in spite of the user authorization issued by the system administrator, to ensure proper access conditions for each Authorized User of the Client.
5.3 Responsibility for User Identity and Passwords.
The Client is fully responsible for maintaining the confidentiality of access information to his account (account identification and passwords of Authorized Users), and also bears full responsibility for actions performed through his account.
5.4 Notice of unauthorized use
The Client undertakes to immediately notify HOTIBO in the event of circumstances indicating that his account or information has been unauthorizedly used, which includes: (a) the Client receives confirmation of an order or orders placed using the Client's account that the Client did not place; or other similar conflicting information; or (b) the Client becomes aware of any unauthorized use of goods and services related to his account.
6. Customer data
The client bears exclusive obligations and is responsible for the information stored by him on the HOTIBO servers. Client controls
6. Customer data
The client bears exclusive obligations and is responsible for the information stored by him on the HOTIBO servers. The client controls his own information through the link generated for him. HOTIBO strongly advises Clients to regularly and frequently archive their data; The client is solely responsible for the archiving of data and exclusive liability for any lost and irrecoverable information. The client agrees to contain his information in accordance with his legal obligations. HOTIBO will delete customer information upon termination of this Agreement. HOTIBO reserves the right to retain the Client's information in its archives after its deletion, and is in no way liable to the Client for the information retained.
6.1 Special circumstances
HOTIBO will provide access to the Services and Customer information to the Customer's authorized representative ("Authorized Agent") who will provide HOTIBO with a notarized letter signed by the Customer's representative. Such a letter must include assurances of authenticity, authority, and obligations required to use HOTIBO services at their sole discretion. The Client agrees that HOTIBO may rely on such a letter and on the reasonably assumed authority of the person requesting access to the Services and the Client's account. Under no circumstances will HOTIBO be liable to the Client or a third party for trusting such a letter or person with assumed authority.
8. Acceptable use
You agree not to use the HOTIBO Services to:
a. uploading, posting, e-mailing, transmitting or any other way of publishing Content that spreads terrorist propaganda, depicting violence or death; in the event that we consider such content to be serious enough, it will be referred to the relevant law enforcement authorities and / or ISP members
b. causing harm to minors in any form, including any form of child pornography; in the event that we consider such content to be serious enough, it will be passed on to the relevant law enforcement authorities and / or ISP members
c. uploading, posting, e-mailing, transmitting or any other method of publishing Content that infringes any party's rights to any patent, trademark, trade secret, copyright or other proprietary right
8.1 Unlawfulness / Adult Content
HOTIBO does not authorize or permit sites containing illegal material, or any other form of transmission of illegal or obscene material and information that encourages illegal activities, including gambling, illegal sale of weapons, advertising or publication of materials that may violate the code of laws on sexism and racism.
HOTIBO reserves the right to immediately suspend or terminate, without prior notice, your registration or transaction that violates this agreement.
In addition, in the event of a breach of the agreement by the Client, HOTIBO will actively assist law enforcement and government representatives in collecting and providing information about the Client, the Client's website, illegal or obscene information content, and persons capable of accessing, seizing or using illegal or obscene information content. ...
8.2 Criminal conduct
The client should not commit or tolerate criminal or destructive acts, including but not limited to publishing defamatory, scandalous private information concerning any person, without the latter's consent, or deliberately causing moral damage to anyone.
8.3 Access and intervention
Intrusions or attempted intrusions into the HOTIBO information system, or attempts to interfere with HOTIBO's ability to provide the Services, are strictly prohibited and subject to criminal and civil liability. Examples of violations of the HOTIBO information system include, but are not limited to:
(a) Unauthorized access to the HOTIBO Services, which includes an attempt to probe, test the system for availability, try to penetrate the site's information security system without the permission of HOTIBO; or (b) interfering with the provision of the Services to any customer or user network, which includes but is not limited to flooding or deliberate attempts to overload the system; or (c) using a device, software, software code to interfere with the routine of providing the Services; or (e) any action that destroys the infrastructure of HOTIBO
The customer may not decompile, disassemble, decrypt, isolate, reverse engineer, or otherwise attempt to derive the source code of the software tools (including utilities, methods, processes and infrastructure) that constitute the essence of the HOTIBO site software.
8.4 Violation of Intellectual Property and Trademark Law
HOTIBO services can only be used for lawful purposes. The transfer, distribution or storage of any material that violates applicable laws or regulations, including export control laws, is prohibited. This includes, without limitation, material protected by patents, copyright laws, trademarks, service marks, trade secrets and other intellectual property rights. The client is obliged to obtain the preliminary agreement of the author in case of using his materials. By using the Services, you represent and warrant that you are the author and owner of the copyrights and / or proper licenses for the content you provide, and you also represent and warrant that your content does not infringe on any third party trademarks or other rights. HOTIBO reserves the right to immediately suspend or terminate a transaction that HOTIBO believes is in violation of this agreement or any law or regulation.
8.5 Misuse of system resources
The client agrees not to abuse HOTIBO system resources, which includes but is not limited to the use of content that takes up excessive CPU memory or affects the bandwidth of our system; reselling access to content hosted on HOTIBO servers.
8.6 Other activities
Legally or not, HOTIBO reserves the right to decide what is detrimental to the activities or reputation of its Clients, which includes any action that restricts or prevents any other user from using the Services or the Internet.
Please note that in the event that an account or information being transmitted is found to be in violation of any of the above rules, HOTIBO reserves the right to close the registration or stop transmitting information. If deemed necessary, HOTIBO will refer complaints to the appropriate legal structures. In this case, HOTIBO will actively assist law enforcement agencies in the investigation and prosecution of such actions, which implies the disclosure of the Client's account data.
Complaints against persons violating our Rules are accepted by email abuse@HOTIBO.ru. Each complaint will be considered and, depending on the results, may lead to the disconnection of the user from the Services, without prior warning.
9. No guarantees
You understand and agree that: (a) You use the services at your own risk. The HOTIBO Services are provided "as is" and "as available". HOTIBO and its representatives, to the extent permitted by law, disclaim responsibility for any guarantees, including, but not limited to, a guarantee of title, compliance with the user's purpose, guarantees of commercial fitness and a guarantee that the rights of third parties are not infringed. HOTIBO and its representatives do not guarantee the accuracy, reliability, completeness, timeliness of the Services, software, or content; (b) HOTIBO does not guarantee that (i) the Services will meet your requirements, (ii) the services will be provided continuously, quickly, reliably and without errors; (iii) the results that can be obtained using the services will be accurate and reliable, ( iv) the quality of any product, service, information or other material purchased or received by you through the Services will meet your expectations, and (v) any errors in the software will be corrected; (e) any material downloaded or otherwise obtained by you through the Services is used by you at your sole discretion and at your own risk, and you are solely responsible for any loss of data and any other damage that may be caused to your computer system or by downloading these materials; (e) no advice or information, written or oral, obtained by you through the Services constitutes a guarantee, other than the express warranties that are given in this Agreement.
You agree to indemnify for damages, including reasonably necessary legal fees, and hold HOTIBO its subsidiaries and affiliates, management, employees, agents free from liability for any claims and claims based on your use of the Services; or your breach of this Agreement or other HOTIBO policies, terms and conditions.
11. Limitation of Liability
You use HOTIBO services at your own risk. If you are dissatisfied with any aspect of our Services, or this user agreement, or any other policy, you have the right to stop using the Services. You agree that HOTIBO will not be liable for any direct, indirect, incidental, consequential or punitive damages, including but not limited to loss of profits, loss of reputation, loss of data, or other non-material damages (even if if we have been sent a warning about the possibility of such losses) that occurred due to: (i) the use or inability to use the services; (ii) the need to re-pay for unusable goods or services purchased through the services; (III) unauthorized access to or changes in information or data you transmit; (iv) statements or actions of any third party within the service; or (v) any other event related to the Services.
12. Modification of Agreements and Rules for the provision of Services
We reserve the right to change this Service Agreement at any time. We also reserve the right to change or suspend the Services at any time, with or without prior notice, for a specified period or indefinitely. You agree that HOTIBO will not be liable to you or to any third party for any change, suspension or termination of the Services. You acknowledge that we may establish general rules and restrictions on the use of the Services, including the maximum amount of disk space allocated to you on HOTIBO servers, the maximum number of calls (and their maximum duration) to the Services for a certain period of time. Also, you acknowledge that HOTIBO has the right, without prior notice, to change the rates for using the Services. Changes in tariffs for using the Services come into force upon the expiration of the existing subscription of the Client.
13. Termination of registration
13.1 HOTIBO does not limit itself in the right to immediately issue a warning, suspend, (indefinitely or temporarily) close access and terminate the provision of Services to the client, or delete the Client's account, as well as refuse to provide services to the client in the future in the event of: (a) HOTIBO has reason to believe that the Client has violated or failed to comply with any aspect of this Agreement or other agreements or instructions of HOTIBO, or (b) the Client's admission of non-payment for services or any other debts to HOTIBO, or (c) HOTIBO is unable to authenticate the Client information provided to him ; or (d) HOTIBO has reason to believe that the client's actions may result in legal liability of the Client, other HOTIBO or HOTIBO clients.
HOTIBO reserves the right, at its sole discretion, to stop providing the Services or any part of them at any time, with or without prior notice. You agree that termination of access to the Services under any clause of this user agreement may take effect without prior notice, and you agree that HOTIBO has the right to immediately deactivate, archive or delete your account and all related information, data and / or refuse further access to such data or Services. In addition, you agree that HOTIBO is not liable to you or to any third party for the termination of your access to the Services.
Upon termination of this Agreement by the Client or HOTIBO, all the Client's privileges stipulated in the Agreement and HOTIBO's obligations to provide the Services are immediately canceled.
13.2 Clause 6 ("Customer Data"), 9 ("No Warranty"), 10 ("Disclaimer"), 11 ("Limitation of Liability") and this Clause 13 remain in effect after termination of the Agreement.
14. General information
These contracts and agreements are governed by the laws of the State of California, without regard to conflicts of law. Any legal action or litigation relating to or arising out of this agreement or your use of the Website will be tried in federal or district court in Santa Clara, California, whose personal and exclusive jurisdiction you agree to submit. If any provision of the Agreement is declared invalid, then the court must enforce the intentions of the parties reflected in this provision, and other provisions of the Agreement continue to operate in full and in full force. The clause headings in the Agreement are for convenience only and in no way define, limit, interpret, or describe the scope or extent of the clause. HOTIBO's failure to take action in relation to violations committed by an individual Client or other persons does not deprive HOTIBO of the right to take action in relation to subsequent or similar violations. Any claim or claim brought by the Client under any of the clauses of this Agreement must be initiated within twelve (12) months from the date the claim or claim arises.
14.1 Legal relationship
The client and HOTIBO are independent contractors. This Agreement does not provide for and does not create such forms of legal relationship with the Client as an institution, partnership, joint venture, employment relationship, commercial relationship.
14.2 Transfer of rights
Under the terms of this Agreement, the Client does not have the right to transfer any of his rights or impose his responsibilities on other persons. Any attempts to transfer rights will be invalid.
14.4 Force Majeure
Our activities to provide the Services may be disrupted by various factors beyond our control. We are not liable to you for any delays or inability to provide the Services as a result of direct or indirect reasons beyond our control.
If any provision of this Agreement is found invalid, such provision should be bypassed, with the least damage to the interests of the parties, and other provisions of the Agreement continue to apply in full. The clause headings are for convenience only and in no way define, limit, interpret, or describe the scope or extent of the clause.
You represent and warrant to HOTIBO that: (a) you are not a competitor to HOTIBO; (b) you agree not to disclose information or make available material related to the forthcoming software, tests and test methods; and (c) you agree not use the information obtained as a result of access to the HOTIBO Website and the HOTIBO Services in order to compete with the latter.
Except for the agreements and conditions published on the Website, this Agreement governs the full understanding and agreement between us with respect to the subject matter under discussion.
14.8 Right to send information notices
By registering on the Hotibo website, you agree to receive correspondence from us. The only way not to receive letters from us is not to register on the site or, if you have already registered, to delete your account through the Login menu -> Account -> "Delete Account" button.
For any legal questions regarding HOTIBO, please contact firstname.lastname@example.org