Terms of Service
Last Updated: July 22, 2024
Welcome to Hotly, Inc. ("Hotly", "we", "us", or "our"). These Terms of Use ("Terms") govern your use of our mobile application (the "Application"), website, https://www.hotly.com, (the "Site") and the services provided through the Site or the Application (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
I. Eligibility
- You (as defined below) must be at least 18 years old to create an account ("Account") on the Services. By accessing or using the Services or otherwise agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old, or if you are under the age of 18 you have obtained consent from a parent or legal guardian to use the Services; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services is in compliance with any and all applicable laws and regulations.
- If you access or download the Application from: (1) the Apple App Store, you agree to any usage rules set forth in the Apple App Store's posted terms of service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. posted terms and conditions including the Google Apps terms of service.
- People who are 13 or older but under the age of majority where they reside may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by the Agreement. Children under 13 are not permitted to use the Services. If you know someone under the age of 13 using the Services, please let us know by emailing care@hotly.com.
II. User Accounts
The Services allow users ("User" or "You") to create and share covers of popular songs. You may use the Services only for lawful purposes and in accordance with these Terms.
You agree not to use the Services to:
- Violate any applicable local, state, national, or international law or regulation.
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- Engage in any conduct that is harmful, fraudulent, or otherwise objectionable.
III. Intellectual Property
The Services and all content, features, and functionality thereof are owned by Hotly, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
IV. User Content
You retain ownership of any content you submit, post, or display on or through the Services. By submitting content, you grant Hotly a worldwide, non-exclusive, royalty-free license to use, copy, modify, and display such content in connection with the Services.
V. Tournaments and Prizes
- Tournament Structure: Cash prizes, or other giveaways, will be awarded based on a player's performance and position at the completion of the tournament.
- Non-Gambling: Hotly's platform is not a gambling service. Prizes, whether cash or giveaway, will be clearly defined prior to the start of each tournament.
- Prizes: Prizes will be awarded to players based on their performance and position in the tournament. The nature and value of prizes will be disclosed prior to the commencement of the tournament.
- Fair Play: Hotly's platform is designed to ensure fair play, with measures in place to prevent cheating. Any User found to be engaging in cheating or other illicit conduct will be promptly removed from the tournament and banned from further accessing the Services.
VI. Notice Regarding Apple
To the extent that you are using or accessing the Services on an iOS device, you acknowledge and agree to the following:
- These Terms are strictly between you and Hotly only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Services.
- Apple has no obligation to furnish you with any maintenance and support services with respect to the Services.
- Apple is not responsible for addressing any claims by you or any third party relating to the Services.
- Apple and their subsidiaries are third-party beneficiaries of these Terms.
VII. Limitation of Liability
To the fullest extent permitted by applicable law, Hotly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
VIII. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by revising the date at the top of these Terms. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
Contact Us
If you have any questions about these Terms, please direct such inquiries to care@hotly.com.