Terms of Use

Last Modified: October 23, 2020

1) Acceptance of the Terms of Use

These terms of use are entered into by and between You and HotSet Inc., a California corporation (“Company,” or “HotSet”). The Company provides an all-inclusive web based mobile application for TV and film productions to promote a safe and efficient working environment as we resume the entertainment industry during the pandemic (“Services”). The following terms of use, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the HotSet Mobile Application (“App”), including any content, functionality, and services offered on or through the App or any related websites, social media pages, or desktop applications (collectively, the “HotSet Platform”).

Please read the Terms of Use carefully before you start to use the HotSet Platform. By accessing and using the HotSet Platform, you signify your assent to both these Terms of Use and our Privacy Policy, which is available at [url]. If you do not want to agree to any of these Terms of Use, you must not access or use the HotSet Platform. Changes may be made to these Terms from time to time. Your continued use of the HotSet Platform will be deemed acceptance to amended or updated terms. You are encouraged to check this page from time to time so that you are aware of any changes, as they are binding on you.

If you are a minor, as used in these Terms of Use meaning persons under 18 years of age, you must obtain the permission of your parent or guardian prior to accessing the HotSet Platform. If you do not obtain such permission, do not access the HotSet Platform.

2) Limited License

HotSet grants you a limited license to access the HotSet Platform and use the Services subject to these Terms for your lawful use only.

You agree not to use the HotSet Platform in any way that violates any federal, state or local law or regulation or professional rule applicable to you and your use of the Services including, without limitation, those relating to patient privacy, medical care and treatment including the Health Insurance Portability and Accountability Act (HIPAA), physician self-referrals (the Stark law), or text messaging (the Telephone Consumer Protection Act).

You acknowledge that HotSet may, at its sole discretion and at any time, stop providing any part of the HotSet Platform or the Services without notice. You also acknowledge that HotSet reserves the sole right to amend the HotSet Platform and any of the Services (including any support services). You understand and agree that HotSet will not be liable to you or any third party, if for any reason, all or any part of the HotSet Platform or the Services are unavailable at any time or for any period. From time to time, HotSet may restrict access to some parts of the HotSet Platform or the Services to you, even if you are a registered user with a user account on the HotSet Platform (“Registered User”).

By accessing the HotSet Platform, you represent and warrant that (a) you will provide accurate, current, and complete information when you submit registration information to HotSet; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or have your parent’s or guardian’s permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the HotSet Platform does not violate any applicable law or regulation or any obligation you may have to a third party.

You are welcome to link to the HotSet Platform from your website, provided that your website Platform does not imply any endorsement by or association with the Company.

3) Term

These Terms will take effect immediately upon commencement of your access of the HotSet Platform and will remain in force and effect for as long as you are accessing the HotSet Platform.

4) Medical Disclaimer

All information available on the HotSet Platform are for informational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients.

No doctor-patient relationship exists between you, HotSet and other HotSet users. You further acknowledge that you are not receiving medical treatment or advise from a doctor or other medical professional while using the Services. As such, you waive any assumption, presumption, expression, interpretation, association, or other understanding related to the existence of a doctor-patient relationship between you, HotSet, and other HotSet users. HotSet is not a substitute for, and does not provide, medical advice, diagnosis, or treatment.

5) The Different Types of Content Provided on the HotSet Platform

The Company communicate or may communicate with you through the HotSet Platform by using text, graphics, images, videos, photographs, audio, interfaces, content, sounds, artwork, computer code, and other information or materials posted or provided on, by, or through the Platform (collectively, “Content”). Some of the Content is provided by us (“Company Content”), and some of the Content is provided by other users of the Platform.

6) The Different Types of Services Provided on the HotSet Platform

HotSet offers a range of Services to employers such as movie and TV production companies, commercial production companies and non-profit and for-profit companies (“Sponsors”), health and safety officers or medical professional (“Healthcare Providers”), and individual employees (“Individuals”). The Services on the HotSet Platform currently include: pre-employment clearance, ability to upload and forward documentation, close contact tracing, multi-team messaging, contactless documentation including E-signature, digital call sheets and sides, maps, assigned items, virtual check-in/check-out.

The Company is not a medical service provider, health insurance company, or licensed to sell health insurance. HotSet offers a technological platform to Sponsors and Healthcare Providers to allow them to connect with Individuals, as well as offer a secure environment for Individuals to communicate personal information to certain Healthcare Providers or Sponsors.

We do not offer healthcare services or provide medical advice and we don’t control or interfere with the Healthcare Providers’ provision of medical care to Individuals.

The Company Content, including general information accessible on the HotSet Platform and communications from the Company or its employees or agents related to your use is provided for informational, care coordination, and payment purposes only. None of the Company Content is or should be considered medical advice, even if it is of a health or medical nature.

NOTHING STATED OR POSTED ON OR AVAILABLE THROUGH THE HOTSET PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE BY COMPANY. NO LICENSED MEDICAL PROFESSIONAL/INDIVIDUAL RELATIONSHIP IS CREATED BETWEEN INDIVIDUALS AND COMPANY BY USING THE CONTENT OR SERVICES WHETHER PROVIDED BY OR THROUGH THE USE OF THE PLATFORM OR THROUGH ANY OTHER COMMUNICATIONS FROM COMPANY, INCLUDING, BUT NOT LIMITED TO, EMAILS OR TEXT MESSAGES FROM COMPANY, LINKS TO OTHER SITES FROM THE PLATFORM, OR ANY ASSISTANCE WE MAY PROVIDE TO CONNECT INDIVIDUALS TO A HEALTHCARE PROVIDER.

The HotSet Platform is not for emergency use. If you have or think you have a medical emergency, please contact 9-1-1 immediately or seek emergency medical help.

7) Reliance on Information Posted

The information presented on or through the HotSet Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the HotSet Platform, or by anyone who may be informed of any of its contents.

The HotSet Platform may include Content provided by third parties, including materials provided by other users, labs, technology companies, third-party licensors, syndicators, aggregators, or reporting services. All data, statements or opinions expressed in HotSet Platform, other than the Company Content, are solely the responsibility of the person or entity providing such Content. We are not responsible, or liable to you or any third party, for the content or accuracy of any Content provided by any third parties. These materials do not necessarily reflect the opinion of the Company.

8) Accessing the HotSet Platform and Account Security

You are responsible for making all arrangements necessary for you to have access to the HotSet Platform, ensuring that all persons who access the HotSet Platform through your internet connection are aware of these Terms of Use and comply with them, securing your information technology infrastructure, including computers, software, databases, electronic systems, and networks and taking steps to protect the privacy and security of your account and data.

To access the HotSet Platform or some of the resources it offers, you will be asked to provide certain registration details or other information. You may register for an account with HotSet by registering as a Registered User of the HotSet Platform (“HotSet Account”).

To be a Registered User, you are required to create a username and a password that can be obtained by providing certain information about yourself as prompted by HotSet’s online registration form, including your first and last name, your birthday, your email address at which you are able to receive email and your mobile phone number (“Registration Data”). You may not create a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms and common practices. You may become a Registered User through your accounts with certain third-party social networking services, including google (“SNS Account”). You have the ability to disable the connection between your HotSet Account and your SNS Account at any time, by accessing the “Settings” section of the HotSet Platform.

You acknowledge that all information you provide to HotSet when registering to become a Registered User are accurate, current and complete. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information accurate and up to date.

HotSet reserves the right to refuse to allow you to open an account for any reason, or to limit the number of accounts you may establish on the HotSet Platform, all at its sole discretion. HotSet may also suspend or terminate your HotSet Account, for any reason, in its sole discretion and without notice, and remove from the HotSet Platform any Content (as defined below) associated with your HotSet Account. Grounds for such termination may include but is not limited to: (i) extended periods of inactivity, (ii) violation of the Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of HotSet.

You should not reveal your password to other users. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not open an account again without the Company’s express permission.

You agree to immediately notify HotSet of any unauthorized use of your HotSet account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. HotSet will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold HotSet harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to info@HotSetApp.com that your account has been compromised, and have requested us to block access to it. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of your HotSet Account on the HotSet Platform. You may be held liable for losses incurred by HotSet or another party due to someone else using your HotSet Account. You should log out from your account at the end of each use.

Your HotSet Account may not be sold or otherwise transferred to another person or entity and is limited to one single user per HotSet Account. Each user must have his or her own account. Users may not share accounts.

You may delete your account at any time, for any reason, by notifying us via e-mail to

Any suspension or deletion of your account shall not affect your obligations under these Terms (including but not limited to, ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination. On termination, you lose the right to access part of the HotSet Platform that are only available for Registered Users.

You agree that all information you provide to register with HotSet or otherwise is governed by our Privacy Policy as available at HotSetApp.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

9) Intellectual Property Rights

The HotSet Platform and the Company Content, including but not limited to, all information, software, text, displays, images, video, and audio, and the functionality, design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All right and title to the HotSet Platform and Company Content remain with the Company.

Subject to and conditioned on your agreement to abide by these Terms of Use and payment of all applicable fees, the Company hereby grants you a non-exclusive, non-transferable right and license to use the HotSet Platform and access the Company Content in accordance with the Terms of Use.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the HotSet Platform in breach of the Terms of Use, your right to use the HotSet Platform will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the HotSet Platform or any Company Content that was transferred to you, and all rights not expressly granted are reserved by HotSet. Any use of the HotSet Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

10) Trademarks

The company name, “HotSet”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this HotSet Platform are the trademarks of their respective owners.

11) Prohibited Uses

You agree to use the HotSet Platform only for your lawful purposes and in accordance with these Terms of Use.

You further agree not to use the HotSet Platform:

  • for any unlawful purpose or in any way that violates applicable federal, state, local or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries;
  • to impersonate or attempt to impersonate the Company, a Company employee or agent, another user or any other person or entity, including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing;
  • to engage in any other conduct that interferes, restricts or inhibits anyone’s use, privacy or enjoyment of the HotSet Platform, or which, as determined by us, may harm HotSet, other users of the HotSet Platform or expose them to liability;
  • to use the HotSet Platform in any manner that could damage, disable, overburden, or impair any HotSet server, or the network(s) connected to any HotSet server;
  • to gain unauthorized access to the Service or other users’ HotSet Accounts, computer systems or networks connected to any Company server or to any of the Content, through hacking, password mining or any other means;
  • to obtain or attempt to obtain any materials or information through any means not intentionally made available through the HotSet Platform;
  • to use any robot, spider or other automatic device, process, or means to access the HotSet Platform for any prohibited purposes, including monitoring or copying any of the material presented thereon,
  • to use any manual process to monitor or copy any of the material on the HotSet Platform, or for any other unauthorized purpose without Company’s prior written consent;
  • to use any device, software or routine that interferes with the proper working of and delivery of the Services;
  • to introduce any viruses, trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful;
  • to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • to monitor the Site’s availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against the Company or any other competitive purposes;
  • to attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the HotSet Platform;
  • to use the HotSet Platform in any way that is inappropriate or disrespectful of other users, including, but not limited to, select a username that contains profanity or racial slurs, upload inappropriate or offensive contents and post inappropriate comments. HotSet reserves the sole discretion in determining what is inappropriate or disrespectful.

12) User Content

The HotSet Platform may contain interactive features that allow users to post, submit, publish, display, or transmit to other persons (“post”) content or materials (collectively, “User Content”) on or through the HotSet Platform.

All User Content must comply with the all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, all User Content must comply with the following user content standards and must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; be likely to deceive, cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any person; promote any illegal activity, or advocate, promote, or assist any unlawful act; impersonate any person, or misrepresent your identity or affiliation with any person or organization; involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Any User Content you publicly post to the HotSet Platform will be considered non-confidential and non-proprietary. By providing any public User Content on the HotSet Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, subject to our Privacy Policy.

You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and all of your User Content do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not HotSet, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness.

HotSet is not responsible or liable to any third party for the User Content or accuracy of any User Content posted by you or any other user of the HotSet Platform.

13) Monitoring and Enforcement

We have the right to remove or refuse to post any User Content for any or no reason in our sole discretion; take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety or privacy of users of the HotSet Platform or the public, or could create liability for HotSet; disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, or take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the HotSet Platform.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the HotSet Platform.

YOU WAIVE AND HOLD HARMLESS HOTSET AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all User Content before it is posted on the HotSet Platform and cannot ensure prompt removal of objectionable User Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

14) Termination

We may, in our sole discretion terminate or suspend your account access to all or part of the HotSet Platform for any or no reason, including without limitation, any violation of these Terms of Use or nonpayment. You may terminate your account at any time by sending a cancellation request to info@hotsetapp.com or by following the cancellation procedures outlined on the HotSet Platform. Upon termination of your account access, we may delete and deactivate all data and User Content associated with your account.

15) Copyright Infringement

We respect the intellectual property rights of others and request all users of the HotSet Platform to do the same. Pursuant to the U.S. Digital Millennium Copyright Act, notifications of claimed copyright infringement should be sent to info@hotsetapp.com. Upon the receipt of written notification of infringement and subject to applicable copyright laws, the Company may remove or disable access to any such Content.

To be effective, the notification of claimed infringement must be a written communication that includes substantially the following:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;
  • Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;
  • Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the precise location on the Services where they discovered the work claimed to be infringing;
  • Information reasonably sufficient to permit us to contact them, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that they have a good faith belief that the use of the material, in the manner complained of, is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that they are authorized to act on behalf of the owner of copyright that is allegedly infringed.

After receiving the communication, HotSet may ask person who submitted the claimed infringement to provide further or supplemental information, prior to removing any Content on the HotSet Platform, as we deem necessary to comply with applicable law. We may also provide the user who uploaded the allegedly infringing content, with the contact details of person who submitted the claimed infringement, in order for the former to be able to contact the latter and challenge the claim. It is the policy of HotSet to terminate the user accounts of repeat infringers.

16) Social Media Features

This HotSet Platform may provide certain social media features that enable you to link from your own or certain third-party websites to certain Content on this HotSet Platform, send emails or other communications with certain Content, or links to certain Content, on this HotSet Platform or cause limited portions of content on this HotSet Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the Content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not establish a link from any website that is not owned by you, cause the HotSet Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking, or otherwise take any action with respect to the materials on this HotSet Platform that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain Content accessible, must comply in all respects with the user content standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

17) Links to Third-Party Websites

The HotSet Platform might display, include or make available third-party content, including data, information, commercials, or other materials or contain links to third-party websites, services, and advertisements for third parties (collectively, the “Third-Party Materials”). You agree that HotSet is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. HotSet does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials. If you decide to access any of the third-party websites linked to the HotSet Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

18) Geographic Restrictions

The owner of the HotSet Platform is incorporated in the State of California in the United States. We provide this HotSet Platform for use only by persons located in the United States. We make no claims that the HotSet Platform or any of its content is accessible or appropriate outside of the United States. Access to the HotSet Platform may not be legal by certain persons or in certain countries. If you access the HotSet Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

19) Disclaimer of Warranties

The HotSet Platform and all Content is available “as is” and “as available” and without any warranties of any kind.

Without limiting the generality of the foregoing:

  • all content, materials, information, software, products, tools, and services included in or available through the HotSet Platform are provided “as is” and “as available” without warranty of any kind, express or implied. to the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
  • in no event shall we be liable to you or anyone else for any decision made or action taken in reliance on any Content on the HotSet Platform or the use of any products or services offered through the HotSet Platform.
  • we do not in any way endorse or recommend any product or service offered through the HotSet Platform and make no representations or guarantees related to the reliability or accuracy or such product or service.
  • we make no guarantees, representations or warranties, whether expressed or implied, with respect to completeness, accuracy, reliability, or availability of the HotSet Platform, or any Content.
  • we do not in any way endorse or recommend any healthcare provider accessible through the HotSet Platform, any specific tests, procedures, opinions, or other information that may appear through the HotSet Platform; or that any particular drug or treatment is safe, appropriate, or effective for you.
  • to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the HotSet Platform or any services or items obtained through the HotSet Platform or to your downloading of any material posted on it, or on any HotSet Platform linked to it.
  • neither the Company nor anyone associated with the Company represents or warrants that the HotSet Platform, its Content, or any services, or items obtained through the HotSet Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our HotSet Platform or the server that makes it available are free of viruses or other harmful components, or that the HotSet Platform or any services or items obtained through the HotSet Platform will otherwise meet your needs or expectations.
  • you understand and agree that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content, user communications or personalization settings.

You are responsible for implementing sufficient health and safety procedures and to satisfy your particular requirements for digital security protections and the accuracy of data input and output to the HotSet Platform, and for maintaining a means external to the HotSet Platform for any reconstruction of any lost data.

HotSet Platform merely provides a tool to promote a safe and efficient working environment during the pandemic and cannot guarantee your health and safety, even if you are a Registered User.

20) Limitation on Liability

To the fullest extent provided by law, in no event will HotSet, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the platform, any websites linked to it, any content on the HotSet platform or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you to the Company for use of the HotSet platform in the 6 months preceding the claim.

In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, the Company’s liability in such jurisdictions shall be limited to the extent permitted by applicable law.

21) Indemnification

You agree to defend, indemnify, and hold harmless HotSet, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Content, any use of the Company’s Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the HotSet Platform.

22) Governing Law and Jurisdiction

All matters relating to HotSet, Privacy Policy, Terms of Use, and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

We encourage you to contact HotSet’s Customer Service department via email at info@hotsetapp.com if you have concerns or complaints about the HotSet Platform or the Services. Generally, user complaints can be satisfactorily resolved this way. If we cannot resolve your concerns informally, disputes between you and HotSet shall be resolved pursuant to this section.

At the Company’s sole discretion, it may require you to submit any disputes arising out of or relating to any aspect of your relationship with HotSet, first to mediation in the Los Angeles County, California, U.S., then next to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of California, without regard to its choice of law provisions. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows. You and the Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

PLEASE BE AWARE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. 

23) Waiver and Severability

No waiver by HotSet of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of HotSet to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

24) Sales and Additional Terms

We will provide you information on the fees for use of the HotSet Platform. It may be necessary to become a Registered User of the HotSet Platform or engage directly with HotSet before information on the fees is available. Fees are subject to change, and any changes will be posted on our HotSet Platform or provided directly to you in writing. It is your responsibility to remain informed about the current fees. Payments for subscription services will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated.

All fees and other amounts payable subject to applicable taxes and similar assessments. You are responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by you, other than any taxes imposed on the Company’s income.

If you are a Sponsor, you may be required to provide HotSet with a valid credit card to set up your billing account within the HotSet Platform. When setting up your billing account on HotSet, you will be asked to consent to automatically renewals of the subscription fees at the end of the subscription term. You agree that subscription will automatically continue on a monthly or annual basis, and you will be charged at the end of each subscription term for another term, until you cancel your subscription, or we terminate it.

You can turn off the automatic renewal any time. To turn off automatic renewal you can contact HotSet at info@hotsetapp.com.

If any charges are subject to sales tax in the applicable jurisdiction, you also agree to pay the required sales tax and any related penalties or interest. HotSet may automatically charge sales taxes for addresses within jurisdictions where such sales taxes are required. You are responsible for all fees and charges associated with your account.

We may use a third-party payment processor (“Payment Processor”), Stripe, to charge your credit card. The processing of payments in connection with your use of the HotSet Platform will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to HotSet’s Privacy Policy and Terms of Use. You agree to promptly review all charges processed through the Payment Processor, and immediately notify HotSet to the extent you have any questions, concerns or disputes with respect to HotSet’s charges. We are not responsible for any errors by the Payment Processor or the Payment Provider.

You acknowledge and agree that neither HotSet nor our Payment Processor will be responsible in any manner if either we or our Payment Processor are unable to complete a payment transaction for any reason, including but not limited to:

  • IF YOU HAVE NOT PROVIDED ACCURATE, CURRENT AND COMPLETE PAYMENT INFORMATION;
  • IF YOU DO NOT HAVE SUFFICIENT AVAILABLE FUNDS OR AVAILABLE CREDIT TO COMPLETE THE TRANSACTION;
  • IF YOU DO NOT HAVE AN ACTIVE PAYMENT CARD, OR IF WE ARE UNABLE TO CONFIRM YOUR PAYMENT CARD INFORMATION OR YOUR IDENTITY;
  • IF YOUR ACCESS TO THE PLATFORM, YOUR ACCOUNT WITH US OR YOUR ACCOUNT WITH YOUR PAYMENT PROVIDER HAS BEEN TERMINATED OR SUSPENDED FOR ANY REASON;
  • IF THE SERVICE PROVIDED BY OUR PAYMENT PROCESSOR IS DOWN OR AVAILABLE FOR ANY REASON;
  • IF WE OR OUR PAYMENT PROCESSOR HAVE REASON TO BELIEVE THAT THE REQUESTED TRANSACTION IS UNAUTHORIZED; OR
  • IF WE HAVE TERMINATED OR SUSPENDED THE HOTSET PLATFORM.

Subscriptions are nonreturnable and nonrefundable unless otherwise specified on the HotSet Platform. There are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

25) Device Compatibility

HotSet does not promise that the HotSet Platform is compatible with all devices and with all versions/updates of all operating systems or firmware. If you update your operating system or firmware, your version of the application may not function properly. Company may, but is not obligated to, provide updates to the application that improve compatibility with updated mobile devices.

26)SMS/Text Communications and Data Charges

By entering your mobile phone number upon registration, you agree that we may send communications to you on your mobile telephone by SMS or text message from time to time. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. You may opt out at any time by following the instructions in the SMS or text message or contacting us at info@hotsetapp.com.

Where the HotSet Platform may require use of wireless or cellular data to operate certain features or functions and transmit data, Company is not responsible for your data access service or any charges related thereto. You are solely responsible for paying any applicable charges payable to your cellular, broadband and/or messaging provider(s).

27)Entire Agreement

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and HotSet regarding the HotSet Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the HotSet Platform unless otherwise set forth in a written agreement between you and HotSet.

28)Contact Information

All notices of copyright infringement claims should be sent by the means set out above. All other feedback, comments, requests for technical support, and other communications relating to the HotSet Platform should be directed to info@hotsetapp.com.