Kärcher North America, Inc., a Colorado corporation ("Kärcher") operates the Hotsy website (the "Site").
Kärcher reserves the right to change these Terms, including but not limited to the charges associated with the use of the Site. Changes in these Terms may be posted on this page, without other written, verbal, or electronic communication. Every time you use the Site, you are agreeing to the then-current Terms.
You may be required to register in order to access certain features of the Site. You will choose a user name and a password through Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify Kärcher immediately of any unauthorized uses of your account or any other breach of security. Kärcher cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
INTELLECTUAL PROPERTY RIGHTS
The Site and all materials available on it are the property of Kärcher, its licensors, or its users and are protected by copyright, trademark and other intellectual property laws. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Kärcher’s, our licensors’, or our users’ intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal use and records.
LINKS TO THIRD PARTY SITES
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kärcher and Kärcher is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Kärcher is not responsible for webcasting or any other form of transmission received from any Linked Site. Kärcher provides links to Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by Kärcher of the Linked Site or any association with its operators. You agree that (i) Kärcher is not responsible for the availability of any Linked Sites; (ii) Kärcher is not responsible or liable for any content or other materials or performance available from Linked Sites, and (iii) Kärcher is not responsible or liable, directly or indirectly, for any damage or loss to you or any third party caused or alleged to be caused by or in connection with use of or reliance on any Linked Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to Kärcher that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Kärcher has no obligation to monitor the Communication Services. However, Kärcher reserves the right to review materials posted to a Communication Service and to remove any materials in its sole and absolute discretion. Kärcher reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Kärcher reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kärcher's sole and absolute discretion.
You understand the risks of giving out any personally identifying information and agree to always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Kärcher does not control or endorse the content, messages or information found in any Communication Service and, therefore, Kärcher specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts of a Communication Service are not authorized Kärcher spokespersons, and their views do not necessarily reflect those of Kärcher.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
By submitting any content to Kärcher North America, you represent and warrant that:
You are the sole author and owner of the intellectual property rights thereto;
- All "moral rights" that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- You are at least 18 years old;
You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Kärcher North America (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Kärcher a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your rating and review, you agree that Kärcher North America and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
MATERIALS PROVIDED TO KÄRCHER OR POSTED A SITE
Kärcher does not claim ownership of the materials you provide to Kärcher (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Kärcher, its affiliated companies and necessary sublicensees permission to use your Submission an unlimited, irrevocable, worldwide, perpetual, sublicensable and royalty-free license to use the Submission for any purpose including, without limitation, the rights to use the information in furtherance of any commercial purpose, and to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate and reformat your Submission; and to publish your name in connection with your Submission and grant the license above.
No compensation will be paid with respect to the use of your Submission, as provided herein. Kärcher is under no obligation to post or use any Submission you may provide and Kärcher may remove any Submission at any time in its sole and absolute discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You agree to indemnify, defend, and hold Kärcher, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Site, any violation of these Terms or any other actions connected with your use of the Site (including all actions taken under your account). In the event of such claim, Kärcher will provide you notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KÄRCHER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
KÄRCHER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KÄRCHER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
KÄRCHER’S LIABILITY TO ANY USER OF THE SITE SHALL BE LIMITED TO THE FEES PAID BY SUCH USER TO KÄRCHER FOR ANY PRODUCTS OR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE SUCH CLAIM ALLEGEDLY AROSE.
SERVICE CONTACT: email@example.com
Kärcher reserves the right, in its sole and absolute discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, these terms are governed by the laws of the State of Colorado, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the City and County of Denver, State of Colorado, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kärcher as a result of these Terms or use of the Site. Kärcher's performance of these Terms are subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kärcher's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kärcher with respect to such use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Privacy Statement constitute the entire agreement between you and Kärcher with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kärcher with respect to the Site. A printed version of these Terms and Privacy Statement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be drawn up in English.
All contents of the Site are Copyright 2017 Kärcher North America, Inc., and/or its suppliers. All rights reserved.
Kärcher respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kärcher’s copyright agent with the following information.
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. Description of the copyrighted work that you claim has been infringed;
c. The location of the material that you claim is infringing is located on the Site;
d. Your address, telephone number and e-mail address;
e. A statement that your claim of infringement is based on a good faith belief; and
f. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.