Terms Of Service



HotGoth.Net and its affiliates provide their services to you subject to the following notices, terms, and conditions. In addition, when you use any of HotGoth.Net services you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services.

COPYRIGHT

All content included on this site, such as graphics, logos, button icons, images and text, (Not Those Submitted By HG Members) are the property of hotgoth.net or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of hotgoth.net and protected by U.S. and international copyright laws. the content on this site is strictly prohibited.

USE OF SITE

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by hotgoth.net.
hotgoth.net and its affiliates reserve the right to refuse service, terminate accounts in its discretion, including, without limitation, if hotgoth.net believes that member conduct violates applicable law or is harmful to the interests of hotgoth.net and its affiliates.

ACCEPTANCE OF TERMS

hotgoth.net provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without notice.

You can review the current version of the TOS at: http://www.hotgoth.net/tos.html Failure to comply with these TOS may result in account revocation.

DESCRIPTION OF SERVICE

hotgoth.net is a web-based service that allows its users to create and update online profiles, pictures and journals (herein referred to as "HG", or "the Service"). The Service can be updated through a web browser. Once registered with hotgoth.net, each user receives his or her own profile and journal space to post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video ("the Content"). This Content may reside on HG's servers or on the servers of a third party.

ACCOUNT STRUCTURE

HG currently has a two-tier account structure. All accounts are available in accordance with local law including the Children's Online Protection Privacy Act (COPPA) which restricts children under the age of 13 from registering;

  • Free Accounts: hotgoth.net accounts are available for free to all valid registrants. Free accounts offer a limited number of features in relation to the other account offered. Free Accounts can post a picture to be rated and rate other member pictures. Free accounts will NOT have access to full profiles, PM other members, comments, chat, message board or special features in the journal.

  • Member Accounts: will have full use of the site, and will be able to see full MEMBER profiles, PM other members, leave comments, message board access, able to chat and have special features in the journal. members will NOT be able to PM, comment or view free accounts full profiles.

    You hereby agree to this structure, and to hotgoth.net's right to change, modify, or otherwise discontinue any type of account and/or its respective services.

    YOUR REGISTRATION OBLIGATIONS

    Account registration and verification is required in order to create a hotgoth.net account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to HG, you are hereby required to update that information as soon as possible. Should hotgoth.net suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination.

    HOTGOTH.NET PRIVACY POLICY

    We will not rent or sell your name, address, email address, or personal information to any third party. However, we must cooperate fully should a situation arise where we are required by law or legal process to provide information about a member.
    Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Privacy Policy at any time without prior notice. If policy changes are substantial, we will notify our customers via e-mail. Please periodically review our Privacy Policy for changes. For your protection, all hotgoth.net employees are required to abide by this Privacy Policy.

    INDEMNITY

    You agree to indemnify and hold hotgoth.net, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

    SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

    GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that hotgoth.net may establish limits concerning use of the Service and may modify these limits at any time.

    MODIFICATIONS TO SERVICE

    hotgoth.net reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that hotgoth.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

    NO RESALE OF SERVICE

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

    TERMINATION

    You agree that hotgoth.net, in its sole discretion, may terminate your password, journal, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if hotgoth.net believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at hotgoth.net's discretion, will be terminated as well. hotgoth.net may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that hotgoth.net may immediately deactivate or delete your hotgoth.net account and all related information and files. hotgoth.net reserves the right to bar any further access to such files or the Service. You agree that hotgoth.net shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded. To Make That Clear To People.. There Are No Refunds Of Membership Fees Or Merchandise.

    LINKS

    The Service, or relevant third parties, may provide links to other web sites or resources. Because hotgoth.net has no control over such sites and resources, you acknowledge and agree that hotgoth.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that hotgoth.net 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 content, goods or services available on or through any such site or resource.

    CONTENT

    All Content posted to hotgoth.net in any way, is the responsibility and property of the author. HG is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any Content. Within the confines of international and local law, hotgoth.net will not place a limit on the type, or appropriateness of user content. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, hotgoth.net is committed to submitting all necessary information to the proper authorities; Should any Content be reported to hotgoth.net as being offensive or inappropriate, hotgoth.net might call upon the author to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as set forth by the hotgoth.net staff. Should the author fail to meet such a request from hotgoth.net staff, hotgoth.net has the full authority to terminate any such reported and verified offensive account holding such inappropriate content. hotgoth.net, however, is under no obligation to restrict or monitor Content in any way; hotgoth.net claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the hotgoth.net staff in protecting such Content; hotgoth.net reserves the right, without limitation except by law, to serve user Content on the web according to the security provisions set forth by the author. You acknowledge that hotgoth.net does not pre-screen Content, but that hotgoth.net and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, hotgoth.net and its designates shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, hotgoth.net reserves the right to limit access to your account, if found in violation of the TOS, by removing the account and related user information from the member directory, search engine, and all other methods used in conjunction with finding hotgoth.net's users.

    MEMBER CONDUCT

    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. hotgoth.net does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be hotgoth.net's sole discretion as to what action should be taken.

    You agree to NOT use the Service to:

    Upload, post or otherwise transmit any content that is in hotgoth.net's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable; Harm minors in any way, as seen by hotgoth.net or applicable law; Impersonate any person or entity, including, but not limited to, a hotgoth.net staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; "Stalk" or otherwise harass another person or company; Collect or store personal data about other users for business purposes; Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; Use hotgoth.net as a forwarding service to another website; Allow usage by others in such a way as to violate hotgoth.net's TOS; Engage in commercial activities within HG or on behalf of hotgoth.net without prior approval. This includes, but is not limited to, the following activities: Displaying a banner that is designed to profit you or any other business or organization; and Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites. If any user is reported to be in violation with the letter or spirit of these terms, hotgoth.net retains the right to terminate such account at any time without further warning.

    VOLUNTEERS AND HG

    hotgoth.net volunteers are often called upon to perform a variety of technical and non-technical tasks, including, but not limited to, programming, the creation of web-based content, graphic design, audio and/or visual content creation, technical writing, managing electronic data libraries and/or databases, technical support, reviewing, categorizing, legal assistance, archiving and/or forwarding electronic data, providing expert advice, administration, management, accounting, research, content creation, promotions, or other assignments, as needed. All volunteers are expected to be of legal age, or volunteering with the consent of a legal parent or guardian.

    By accepting these Terms of Service, any hotgoth.net member agrees that the intellectual content created as a result of volunteer work for hotgoth.net constitutes a work for hire and that all intellectual property rights in said content shall vest in hotgoth.net at the time that it is created to the extent permitted by law. If laws prevent such vesting, the volunteer makes assignment of all such rights to hotgoth.net at the time of creation.

    If laws prevent such assignment, the volunteer grants a perpetual world wide irrevocable license to hotgoth.net to use said content. If laws prevent such licensing, the volunteer agrees never to sue hotgoth.net for the use of said content.

    The volunteer certifies that any electronic data he/she submits is his/her work and that to the best of the volunteer's knowledge, the electronic data is not claimed by another. hotgoth.net will provide sufficient tools, training and direction to the volunteer as necessary to accomplish mutual goals. The volunteer agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities. Furthermore, if said work is found to be illegally presented, claimed, or forged, hotgoth.net will remove such material and, at hotgoth.net's discretion, seek action against the individual(s) from which the work originated.

    No HG user is required to become a volunteer to this service, and users without volunteer status are guaranteed reasonable support and attention as compared to those users that are volunteers.

    Without the expressed written confirmation to the contrary, all hotgoth.net positions are assumed to be taken without pay or future consideration.

    APPLICABLE LAW

    This site is created and controlled by hotgoth.net in the State of Utah. As such, the laws of the State of Utah will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.

    DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOTGOTH.NET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • HOTGOTH.NET MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOTGOTH.NET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

    LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOTGOTH.NET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOTGOTH.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
  • THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.

    GENERAL INFORMATION

    The TOS constitutes the entire agreement between you and hotgoth.net and governs your use of the Service, superseding any prior agreements between you and hotgoth.net (including, but not limited to, any prior versions of the TOS). The laws of the State of Utah, U.S.A, shall govern the TOS and the relationship between you and hotgoth.net. without regard to its conflict of law provisions. You and hotgoth.net agree to submit to the personal and exclusive jurisdiction of the courts located within Salt Lake City, Utah, U.S.A. The failure of hotgoth.net to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

    Credit Card Fraud

    HotGoth.Net is committed to the prevention and prosecution of online credit card fraud. Some of our prevention measures may include:

  • Reporting all fraudulent and charge back purchases to the Internet Fraud Complaint Center.
  • Contacting law enforcement officials in your state
  • Issuing a summons through our attorney to your ISP. We've done it numerous times and have never been turned down
  • Cardholder address and telephone number verification
  • IP number tracking and verification
  • Telephone contact with the cardholder
  • Verification of a valid, commercial e-mail address (no free e-mail addresses allowed)
  • Requirement of signed authorizations
  • Examination of all orders for "red flag" fraud indicators
  • Other unpublished actions as deemed necessary

    If you make a charge and then refuse or enact a charge-back, we will pursue you. We regret that, in some cases, these measures may result in inconvenience to legitimate customers. In the rare event that a fraudulent order passes our screening process, we will report the fraud to the appropriate legal authorities and provide those authorities with the necessary information to complete an arrest and effective prosecution. We will report the fraud to your Internet Service Provider for action under their Acceptable Use Policies. We may also initiate civil action against you. If you're thinking about placing a fraudulent credit card order, this is not a good place to do it!

    Conviction on Credit Card Fraud Carries Penalties of 10 Years Imprisonment and/or a $10,000 Fine!! U.S.C. Title 18, Section 3056, Subsection (b), specifically authorizes the United States Secret Service to detect and arrest any person who violates federal criminal laws relating to credit card fraud and related activity in connection with computers and/or access devices.