The following terms and conditions (the “Terms and Conditions”) govern your use of this website and any content made available from or through this website, and any subdomains thereof (such website, and subdomains being collectively referred to as the “Website”). This Website, located at www.celebhotspots.com is owned and operated by Susan Zechter/Celebrity HotSpots (sometimes referred to as “we.” “us” or “our”). Access to and use of the Website and related services are subject to the terms and conditions set forth below (“Agreement”) and all applicable laws and regulations.
BY ACCESSING THE WEBSITE AND/OR USING THE ANY OF THE WEBSITE’S CONTENT, YOU ACCEPT WITHOUT LIMITATION ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
This Agreement is governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You agree to the terms and conditions set forth in this Agreement by any act demonstrating your assent thereto.
ACCESS TO THE WEBSITE
It is a condition of your use of the Website and related services that all information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we may, without limitation, terminate access to the Website or any of its services, in addition to any other remedies available under this Agreement or applicable law.
PROPERTY OF SUSAN ZECHTER/CELEBRITY HOTSPOTS
All information, including, without limitation, maps, text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks, service marks, and all HTML, CGI and other codes and scripts in any format used to implement and/or display the Website (all collectively “Content”) are the property of Susan Zechter/Celebrity HotSpots, or of Susan Zechter/Celebrity HotSpots’ licensors and/or strategic partners, or of the sellers/licensors whose intellectual property rights are made available through the Website. Furthermore, the names Celeb HotSpots and Celebrity HotSpots ™, the structure, sequence, organization, and look and feel of the Website, database, listing, transaction systems, and services available through the Website (collectively the “Intellectual Property”) are the sole and exclusive property of Susan Zechter/Celebrity HotSpots and/or, if applicable, Susan Zechter/Celebrity HotSpots’ licensors. Your use of the Website does not grant to your ownership of any Content or Intellectual Property. You may not copy, modify, upload, download, decompile, disassemble, transmit, republish, or otherwise distribute any Content or Intellectual Property from the Website, either directly or by use of a robot, spider, or other similar manual or automated device or process except as otherwise expressly permitted by the Terms and Conditions set forth in this Agreement, as amended from time-to-time. Additionally, you agree not to take any steps to violate the applicable copyrights, trademarks and/or patents, if any, protecting the Intellectual Property or the Content. All rights that are not expressly granted herein are reserved.
The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Website or in Content available through the Website, are registered or unregistered Trademarks of Susan Zechter/Celebrity HotSpots and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders. Your use of Trademarks displayed on the Website or on or through any Content of the Website is strictly prohibited.
GRANT OF LIMITED LICENSE WITH RESERVATIONS
Subject to the terms and conditions set forth in this Agreement, we grant you a limited, non-exclusive, nontransferable license to access the Website, materials and/or Content contained in, or made available through this Site, solely for your private, personal, non-commercial use. This is a license to display, use and access the Website for its intended purpose and is not a transfer of title.
You may use the Site only for purposes expressly permitted by the Website.
Unauthorized use of the Website or any of the materials and/or Content contained therein terminates this limited license effective immediately. Examples of such unauthorized use include, but are not limited to, using the Website or any of the materials and/or Content to engage in any illegal or tortious act with respect to any Celebrity identified including, by way of example and not limitation, homicide, mayhem, kidnapping, assault and battery, extortion, stalking, invasion of privacy, defamation, trespass, robbery, burglary, larceny, theft, or fraud (collectively, “Wrongful Acts”). As used in this Agreement, the term “Celebrity” means and includes any person who is famously recognized in our society and culture and, by reason of such recognition, is identified on the Website, together with all members of the Celebrity’s family, and persons accompanying or associated with the Celebrity including, by way of example and not limitation, friends, personal assistants, drivers, security guards, household help and nannies. Warning: You may not use the Website or any of the materials and/or Content to commit or assist others in the commission of any of the Wrongful Acts and such use may subject you to criminal prosecution by law enforcement agencies and/or civil action by a Celebrity or any other person injured by reason of your commission of such Wrongful Acts.
You may not use the Website for any other purpose whatsoever without our express prior written consent. Without the express prior written authorization, you may not, without limitation: (a) duplicate the Website or any of the materials and/or Content contained therein; (b) create derivative works based on the Website or any of the materials and/or Content contained therein; (c) use the Website or any of the materials and/or Content contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Website or any of the materials and/or Content contained therein; (e) remove from the Website or any of the materials and/or Content any copyright or other proprietary notices; (f) frame or utilize any framing techniques in connection with the Website or any of the materials and/or Content contained therein; (g) use any meta-tags or any other “hidden text” using the Intellectual Property; (h) “deep-link” to any page of any of the Website (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of any of the Website); (j) use any data mining, robots or similar data gathering and extraction tools on the Website; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Website and/or Content, except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials and/or Content or any of your rights to access and use the materials and/or Content as granted above; or (m) bookmark any page of the Website beyond the home page. You agree to cooperate with us in causing any unauthorized use to cease immediately. You hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Website or other services included on the Website. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Website shall terminate all your rights under this Agreement. You hereby agree that you have been noticed that all communications submitted to the Website can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
RESTRICTIONS ON COMMUNICATIONS; YOUR LIABILITY
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Website, by email, or in any other way. Any other information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials which you submit to us (“Submitted Materials”) will not be deemed confidential. You agree that all Submitted Materials that you submit will be accessible to other users, will not be secure or private and will, upon such submission, become the sole and exclusive property of Susan Zechter/Celebrity HotSpots. By submitting or sending Submitted Materials to us, you (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and any “moral rights” in Submitted Materials have been waived; (ii) you grant us and our affiliated a “royalty-free,” unrestricted, world-wife, perpetual, irrevocable, and fully transferrable, assignable and sublicensable right and license to use, copy, reproduce, perform, display and incorporated in other works any Submitted Materials (in whole or in part) in any form, media, or technology known or hereafter developed, including for promotional and/or commercial purposes.
Without limiting any other provision of this Agreement, you agree not to post, submit, publish, display, disseminate, or otherwise communicate any defamatory, obscene, pornographic, profane, inaccurate, abusive, threatening, offensive, or illegal material, or any material that would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person or entity. You further acknowledge and understand that transmission or publication of any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and that your transmission or publication of such material shall constitute a material breach of this Agreement entitling Susan Zechter/Celebrity HotSpots to immediately terminate your right to access or use the Website without notice.
You acknowledge and agree that you, and not Susan Zechter/Celebrity HotSpots, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, for anything that you submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
You acknowledge and agree that your actions can result in you and/or third parties incurring additional charges, fees and/or costs for messages transmitted to your and/or their cellular telephones. You do hereby agree to remain solely responsible for any and all charges and/or fees that result from your use of this Website and services offered through the Website. You further agree to indemnify and hold Susan Zechter/Celebrity HotSpots and its managers, members, employees, licensees, vendors, attorneys, insurers, and affiliated companies harmless from any and all costs, demands, claims, actions, damages, and liability arising from and/or relating to such cellular telephone messaging charges, fees and/or costs.
COMMUNICATIONS ARE NOT PRIVATE
You further acknowledge and agree that all messages or content posted by you or others anywhere on or through the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE WEBSITE AND ALL MATERIALS AND/OR CONTENT CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SUSAN ZECHTER/CELEBRITY HOTSPOTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY MATERIALS AND/OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SUSAN ZECHTER/CELEBRITY HOTSPOTS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN (SUCH DISCLAIMER EXPRESSLY INCLUDES, BUT IS NOT LIMITED TO, THE ACCURACY OF INFORMATION REGARDING ANY CELEBRITY IDENTIFIED ON THE WEBSITE OR ANY OF THE MATERIALS AND/OR CONTENT). YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL, AND/OR SOFTWARE, AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR PERIPHERAL ACCESSORIES, ANY CELLULAR DEVICES SUCH AS YOU IPHONE, OR FOR LOSS OF DATA STORED THEREON. YOU UNDERSTAND THAT SUSAN ZECHTER/CELEBRITY HOTSPOTS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AND/OR INFORMATION AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SUSAN ZECHTER/CELEBRITY HOTSPOTS DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SUSAN ZECHTER/CELEBRITY HOTSPOTS (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, LOSS OF DATA, OR DAMAGE TO ANY HARDWARE DEVICE, INCLUDING YOUR COMPUTER, COMPUTER PERIPHERALS, OR ANY CELLULAR DEVICE SUCH AS YOUR IPHONE, USED IN CONNECTION WITH THIS WEBSITE, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF SUSAN ZECHTER/CELEBRITY HOTSPOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SUSAN ZECHTER/CELEBRITY HOTSPOTS ’S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE WEBSITE FOR A PERIOD OF NO MORE THAN SIX (6) MONTHS FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold Susan Zechter/Celebrity HotSpots and its managers, members, employees, independent contractors and agents, harmless from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Website or any of the materials and/or Content contained therein, or your breach of any of the terms and conditions set forth in this Agreement. Susan Zechter/Celebrity HotSpots shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. Susan Zechter/Celebrity HotSpots may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
Some web sites that are linked to the Website are owned and operated by third parties. Because we have no control over such sites and resources, you acknowledge and agree that Susan Zechter/Celebrity HotSpots is not responsible for the availability of such external sites or resources, and do not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Susan Zechter/Celebrity HotSpots shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
NOTICE OF CLAIMED INFRINGEMENT
If you believe that your intellectual property rights have been violated with information and/or content made available on the Website, please provide our Copyright Agent the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
* a description of the copyrighted work or other intellectual property that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the Website;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Send your Notice of Claimed Infringement to our Copyright Agent: Susan Zechter, c/o Susan Zechter/Celebrity HotSpots, 13600 Marina Pointe Drive , Marina del Rey CA 90292.
REMOVAL OF CONTENT
Susan Zechter/Celebrity HotSpots reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. Susan Zechter/Celebrity HotSpots also reserves the right at any time to remove or disable access to any material or activity accessible on or from the Website that Susan Zechter/Celebrity HotSpots in its sole discretion deem inappropriate for the Website.
Susan Zechter/Celebrity HotSpots shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of nature, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay our performance.
GOVERNING LAW AND VENUE
This Agreement and all matters arising out of or otherwise relating to this Agreement shall be governed by the laws of the State of California, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. You hereby submit to the personal jurisdiction of the state and federal courts of the State of California, County of Los Angeles. Exclusive venue for any litigation permitted under this Agreement shall be with the state and federal courts located in Los Angeles County.
The Website’s integrity and success rely, in part, upon users posting completely accurate information. The parties agree that a knowing failure to provide correct, current, and complete information during the registration and use of the Site is a material breach of this Agreement, which will damage Susan Zechter/Celebrity HotSpots. Because it is difficult to ascertain the amount of damages, it is hereby agreed that the sum of $25,000 shall constitute fair and adequate liquidated damages should you post and/or submit false and/or incomplete information. This shall be in addition to any other remedies that may be available hereunder or by law.
RIGHTS TO INJUNCTIVE RELIEF
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to attorney’s fees and costs in addition to such other damages as may be awarded by the court.
Susan Zechter/Celebrity HotSpots reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit the Website. Your continued use of the Website following Susan Zechter/Celebrity HotSpots’ posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Susan Zechter/Celebrity HotSpots does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless expressly accepted in writing by Susan Zechter/Celebrity HotSpots, these Terms and Conditions may not be amended by you.
Susan Zechter/Celebrity HotSpots reserves the right to limit or terminate at any time this Agreement and/or access to the Website if any term(s) of this Agreement is or are violated by you, or if we are unable to verify any information that you provide. The termination of this Agreement for any reason whatsoever shall not release you from (i) any liability, obligation or agreement that at the time of termination of this Agreement you had already accrued; (ii) any liability, obligation or agreement that you may accrue in respect of any act or omission prior to the termination of this Agreement; or (iii) any liability, obligation or agreement pursuant to this Agreement which is intended to be performed by you after the termination of this Agreement, including, but not limited to, the payment of all accrued monies owed or owing to Susan Zechter/Celebrity HotSpots under this Agreement.
Without prior notice, Susan Zechter/Celebrity HotSpots reserves the right in its sole discretion to change, charge for, suspend, discontinue, or limit access to any aspect of the Website at any time, including the availability of any of the Website’s features, database, or Content. Susan Zechter/Celebrity HotSpots may, without notice, terminate or suspend any user’s access to all or part of the Website if it determines, in its sole and absolute discretion, that such user has violated any of the terms and conditions set forth in this Agreement.
This Agreement shall be treated as though it were executed and performed in Los Angeles County, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Website and/or any information, products or services related thereto must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Susan Zechter/Celebrity HotSpots’ failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.