YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE HOTGLUE WEBSITE AVAILABLE AT HTTPS://HOTGLUE.XYZ (“HOTGLUE SERVICES” or “SERVICES”). BY CLICKING THE ACCEPTANCE BUTTON, AND/OR LOGGING INTO THE HOTGLUE WEBSITE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS, AND DO NOT LOGIN TO THE HOTGLUE WEBSITE AND DO NOT USE THE HOTGLUE SERVICES.
This Agreement sets forth the terms and conditions of your use of hotglue Services. For the purposes of this Agreement, "you" means you, the end user, and "hotglue" means hotglue and its subsidiaries and affiliates
1. ACCEPTANCE OF TERMS AND CONDITIONS
You agree as follows:
- This Agreement is a legally binding agreement and the equivalent of a signed, written contract.
- You will use the hotglue Services in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by hotglue from time to time.
- You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
- You may not use any of the Services and you many not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age.
2. PRIVACY AND USE OF INFORMATION
Your use of the hotglue Services is also governed by hotglue’s Privacy Statement.
3. DESCRIPTION OF SERVICES
The hotglue Services provide an embeddable widget and website that allows users to connect and configure data sources, transform data programatically, and save the data in the cloud. The service includes software which is installed in the user's cloud environment which manages the data in the system.
4. YOUR USE OF THE SERVICE
Your right to access and use hotglue Services are subject to the following:
- hotglue grants you a non-exclusive and non-transferable access to the hotglue Services, and the content made available by hotglue (“Content”) for your personal use only.
- You are only entitled to access and use the hotglue Services for lawful purposes.
5. RIGHTS YOU GRANT TO US
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to hotglue through the Services (“User Content”), you are:
- Authorizing hotglue to use and store the User Content to provide Services and otherwise in accordance with this Agreement and the Privacy Statement.
- Representing that you are entitled to submit User Content to hotglue, without any obligation by hotglue to pay any fees or be subject to any restrictions or limitations.
6. RESTRICTIONS
You agree that you will not:
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer)
- Attempt to modify, translate, decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the hotglue Services; or
- Attempt to gain an unauthorized access to any portion of the Services.
- You agree not to, without the express prior written consent of hotglue in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own;
- You will not use any electronic communication feature of the Services for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
- You will not use the hotglue Services when you are driving a motor vehicle, even if doing so is legally permitted in your location.
7. YOUR REGISTRATION INFORMATION AND ELECTRONIC COMMUNICATIONS
a. Registration.
You must sign up for an account with hotglue in order to use the hotglue Services. You agree to provide true and accurate information during the registration process. hotglue reserves the right to terminate your access should hotglue know, or have reasonable grounds to suspect, that you have entered false or misleading information during the registration process.
b. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER.
Children under the age of 18 are prohibited from registering or using the hotglue Services. hotglue reserves the right to require proof of legal age.
c. User account. You will provide access credentials either directly through the selection of a username and password or through a third party authentication provider as a part of the registration process. You are fully responsible for maintaining the confidentiality of your credentials. You agree to immediately notify hotglue at legal@hotglue.xyz should you know, or have reasonable grounds to suspect, that the username and password have been compromised. hotglue will use commercially reasonable efforts to disable the username and password within a reasonable period following receipt of your notification, but hotglue shall not be responsible for any unauthorized use of your username and password prior to it being disabled.
d. It is your responsibility to promptly update hotglue with your complete, accurate contact information, or change your information, including email address, as appropriate.
e. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on the hotglue products and services, accessible through any standard, commercially available internet browser. You consent to receive communications electronically until you end your relationship with hotglue and discontinue all use of the Services. You may print a copy of any electronic communications and retain it for your records.
f. Amendments. hotglue reserves the right to amend these terms at any time. hotglue will contact registered users by e-mail, and shall also post a notice of changes on the hotglue products and services, when and if the terms are amended. Continued use of the Services following such notice of amendment constitutes your acceptance of the amended terms.
8. HOTGLUE’S INTELLECTUAL PROPERTY RIGHTS
Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services ("hotglue Intellectual Property Rights") are owned by hotglue or its licensors, and you agree to make no claim of interest in or ownership of any such hotglue Intellectual Property Rights. You acknowledge that no title to the hotglue Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the hotglue Services or its licensors' Intellectual Property Rights, other than the non-exclusive rights expressly granted in this Agreement. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any purpose other than as expressly permitted in this Agreement is expressly prohibited.
9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE HOTGLUE SERVICES AND ALL CONTENT AND OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HOTGLUE MAKES NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE HOTGLUE SERVICES, OR THE CONTENT, OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, CONTENT OR OFFERINGS OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE HOTGLUE SERVICES, INCLUDING ALERTS AND OTHER ACCOUNT INFORMATION COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR OTHER ERRORS AND MAY NOT BE THE MOST CURRENT INFORMATION REGARDING YOUR ACCOUNTS.
THE USE OF THE HOTGLUE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCURRED BY YOU INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, AND LOSS OF DATA.
HOTGLUE MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
HOTGLUE RESERVES THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PRODUCTS AND SERVICES, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. HOTGLUE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD HOTGLUE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS APPLICATION SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
10. LIMITATIONS ON HOTGLUE’S LIABILITY AND YOUR INDEMNIFICATION OF HOTGLUE
IN NO EVENT SHALL HOTGLUE OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT HOTGLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE HOTGLUE PRODUCTS AND SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold hotglue and its Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of hotglue Products and Services or from your violation of the terms of this Agreement. hotglue reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with hotglue in asserting any available defenses.
11. ENDING YOUR RELATIONSHIP WITH HOTGLUE
You may terminate your account at any time, by email at: legal@hotglue.xyz. hotglue may require additional verification before the termination of your account. Your account will be terminated within 10 days following your notification, and from that date of termination you will no longer be able to access your account.
hotglue may at any time, terminate its agreement with you and your access to the Services:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if hotglue in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information
You acknowledge and agree that hotglue may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that hotglue shall not be liable to you or any third party for any termination of your access to the Services.
12. GENERAL PROVISIONS
a. GOVERNING LAW AND FORUM FOR DISPUTES
Maryland state law governs this Agreement without regard to its conflicts of laws provisions.
b. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Maryland law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND HOTGLUE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination or rescission of this Agreement.
c. INTERNATIONAL USE.
Although the Services may be accessible worldwide, hotglue makes no representation that materials from the hotglue Products or the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with hotglue products and services is void where prohibited.
d. DISCLOSURES REQUIRED BY LAW
hotglue reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. hotglue reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing hotglue to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the this Agreement.
e. SECTION TITLES
The section titles in the Agreement are for convenience only and have no legal or contractual effect. Please report any violations of this Agreement to hotglue. If you have any questions regarding this Agreement, please contact us at legal@hotglue.xyz