Please scroll down to view the Hot by 6 Privacy Policy and the Hot by 6 Terms & Conditions for use...
About the Hotby6.com Privacy Policy
At Hotby6.com, Inc. (“Hotby6.com”), we recognize the importance of your privacy. That said, it’s understandable that you may be concerned with the information you provide to us or that is collected by us and how we use and disclose it. With these concerns in mind, we’ve developed the Hotby6.com Privacy Policy, outlined below. This Privacy Policy explains Hotby6’ privacy practices for visitors to our Web site at Hot by 6 (the “Web site”). By using our Web site, you consent to the collection, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Hot by 6 Terms and Conditions. We reserve the right to change this Privacy Policy at any time. We encourage you to check our Privacy Policy whenever you visit the Web site to see if it has been updated since your last visit. If you have any questions about our Privacy Policy, you can contact us at info@hotby6.com.
Types of Information We Collect
• Personal Information: Personal information is information to specifically identify an individual, such as a customer’s name, address, telephone number, e-mail address, credit card or other account number, and information about that individual’s activities when directly linked to that person such as information about his or her purchases. Personal information also includes demographic information, such as date of birth, gender, geographic area, and preferences, when such information is linked to other personal information that identifies the individual.
• Aggregate Information: Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service might be collected and combined with information about how others use the same service, but no personal information will be included in the resulting data. Likewise, information about the products you purchase might be collected and combined with information about the products purchased by others. Aggregate data helps us understand trends and customer needs so that we can better consider new products and services, and tailor existing products and services to customer desires. We might share aggregate information about our users with third parties for various purposes, such as helping us better understand and improve our services, and for advertising and marketing purposes.
How We Collect and Use Personal Information
Hotby6.com collects personal information from you at several different points on our Web site, as set forth below. In general, we use personal information for the purpose for which it was collected (such as to provide services or complete transactions you have requested, for billing purposes, and to anticipate and resolve problems with our Web site and our products and services), for our own internal business operations, to respond to customer support inquiries and for other purposes as described below.
Registration, Purchases; Other Information Submissions
• When you register to become a member on our Web site, you are asked to create a unique login and password, and are required to give certain personal information (such as your name, email address, and zip code). We might also request certain information about your tastes and preferences (such as your favorite food, purchases or recipes).
• Information you provide during registration might be used for some or all of the following:
• to provide services you have requested, or to otherwise fulfill your request; and
• to contact you from time to time (i) about services on our Web site for which you have expressed interest; (ii) with news, (iii) for internal marketing, informational, and promotional purposes; or (iv) for any other lawful purpose related to your use of the Web site.
• Additionally, your registration information might be used, together with other information you submit to us in conjunction with your use of the Web site, for the following purposes:
• for editorial purposes, such as when you submit a recipe to us (e.g., to attribute your submitted recipe to you);
• to contact you for any reason regarding content you have submitted to the Web site (e.g., to ask you a question about a recipe you have submitted); and
• to identify you by name when posting content you submit to us on the Web site (e.g., when you request a recipe on the Web site, to post your name and a description of the recipe you are requesting).
• If, during or immediately following registration, you choose to view offers for goods and services that are available from selected third party companies (“Co-Registration Vendors”), we will make certain contact and demographic information you provide during registration (e.g., name, age, and/or e-mail address) available to these vendors. If you request goods or services from a Co-Registration Vendor, you might be asked to submit additional demographic and other personal information. The Co-Registration Vendor might use your registration information which we provide to it, along with any information you submit directly to it, to fulfill, or secure fulfillment of, your request. For additional information about disclosure of your personal information to our Co-Registration Vendors, and their use thereafter, please see the “Disclosure of Personal Information” section below.
• We collect personal information such as your credit card, credit card billing address, and related billing information if you purchase products or services on our Web site. We use this information to fulfill your orders and bill you for them.
• Any information that is not personally identifiable information but is publicly displayed on the Web site (such as user name and photos) might appear in the results of searches conducted on Internet search engines while you are a member of the Web site and potentially for some time period after your membership is terminated, depending upon the search engine’s indexing practices.
Communication
As a Hot by 6 member, you will receive our transactional business communications (e.g. e-mail address confirmation, administrative messages, etc.) at your e-mail address or street address. In addition you might be automatically enrolled in one or more of our e-mail subscription programs. While we reserve the right to send you our transactional business communications without offering you the opportunity to opt-out of receiving them, we do provide you with the opportunity to select whether or not you wish to continue to receive our subscription-based e-mails.
E-mail and Newsletters
When you submit your e-mail address to us to initiate a subscription to one of our newsletters we ask for personal information such as your name and e-mail address. This personal information is only used to send you the newsletter(s) you have requested. You might opt-out of such follow-up contacts by following the instructions in the newsletter. Please also note that we use a “double opt-in” process to confirm your subscription to our newsletters. When you initiate a subscription to one of our e-mail newsletters, we send a confirmation e-mail message to the e-mail address. We only subscribe your e-mail address to the newsletter after you follow the steps in the confirmation e-mail message. We do not use a double opt-in confirmation process for alerts.
E-mail-A-Friend
When you elect to use our 'Invite New Member' feature or 'Email all Members' feature for e-mailing a recipe or other content to a friend, we ask you for your friend’s name and e-mail address. Hot by 6 will automatically send your friend a one-time e-mail on your behalf which contains the recipe or other content, and which invites your friend to visit the Web site. Hot by 6 uses your friend’s name and e-mail address only to send this one-time e-mail, and does not store this information. If your friend does not wish to receive “e-mail-a-friend” messages to be sent on your behalf, he or she must contact you directly. Hot by 6 users may not use our referral service to send unwanted spam to others.
Gift Recipient Email Notification
If you purchase a Supporting Membership for someone else we will send them an email (usually including your name and email address) notifying them that they were given a gift membership. We ask for this information for the sole purpose of sending this one-time e-mail and for gift redemption.
Recipe Submissions
By submitting a recipe to Hot by 6, Inc. you irrevocably authorize Hot by 6 and its representatives, licensees, successors, members, and assigns to use the recipe(s), including, without limitation, all names, ingredients, measurements, instructions, and derivatives thereof (collectively the "Recipe"). The Recipe shall be deemed a work-made-for-hire for Hot by 6, Inc., from the creation thereof and Hot by 6, Inc. shall own all rights therein, including, without limitation, the copyright and shall have the non-exclusive right to exploit the Recipe and all derivatives thereof in all media, whether now known or hereafter developed, in perpetuity, throughout the universe. If the Recipe is determined not to be a work-made-for-hire for Hot by 6, Inc., all of the foregoing rights are hereby transferred and assigned to Hot by 6, Inc. by this agreement in perpetuity, throughout the universe. You agree that the Recipe shall be free from all claims by you or anyone claiming through you. Without limiting the generality of the foregoing, Hot by 6, Inc. shall have the right to manufacture, sell, distribute, make available, transmit, digitally distribute, advertise, and otherwise exploit recipes derived from the Recipe in all configurations and in all media now known or hereafter developed. You further warrant and represent that you are free to enter into this agreement and to grant the rights granted herein. You warrant and represent that your submission of the Recipe and its use by Hot by 6, Inc. will not infringe upon the rights of any third party, and you hereby indemnify Hot by 6, Inc. from any and all claims resulting from or in any way connected to a breach of any of my agreements, warranties and/or representations made herein.
Public Forums
We may offer chat rooms, message boards, bulletin boards, blogs or similar public forums where you and other users of our Website can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personal information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Website.
Contests, Promotions, Offers, and Surveys
From time to time our Web site requests personal information from users via contests, promotions, offers and surveys. Participation in these contests, promotions, offers, and surveys is completely voluntary and you therefore may choose whether to disclose personal information in connection with these activities. Personal Information requested in these activities might include contact information (e.g., your name and shipping address) and demographic information (e.g., your zip code or age level). We use this information to notify you if you’ve won and to award prizes. We use information we collect in surveys for internal purposes, such as to ascertain the use of this Web site and improve its usefulness to you. We might also provide third parties with this information, and might combine it with some or all of your registration information. Third parties might use the information we provide them to contact you regarding products or services of interest to you. These disclosures are discussed in greater detail below in the “Disclosure of Personal Information” section. When we provide information collected during a contest, promotion, offer, or survey on the Web site to third parties, we always disclose this to you at the time of collection.
Customer Service
We collect personal information when you submit comments, questions or suggestions to our customer service department. We use the information you provide to respond to your submission and use the ideas to make site improvements.
Cookies, Web Beacons, and Log Files
Cookies: We use “cookie” technology on our Web site. We might place one or more cookies in the browser file of your computer. Although such cookies do not contain any personally identifying information about you, we might link this information to personal information about you. If we do, we will treat it as personal information under this Privacy Policy. We use cookies to provide functional information about your browser, which is recorded in the Web site’s logs and which allows us to provide a better experience on our Website. We also use cookies to gather broad demographic information and general usage patterns about you and other users of our Web site. In the course of placing advertisements on this Web site, our third-party advertisers may place or recognize a unique cookie on your browser. We use cookies to enhance and personalize your experience on the Web site, including helping authenticate you when you use the Web site, remembering your preferences and registration information and customizing the content, and advertisements provide tot you join the Web site. For example, storing a cookie on your computer allows you to log in without typing the registered e-mail address or registration number and password. We also use cookies to deliver information and fresh content specific to your interests. If you do not want these cookies stored on your computer you can reject cookies by modifying your browser settings accordingly (each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences). However, if you choose to reject cookies, you might not be able to access products and services we offer which require you to “login” or “sign in”. Please also note certain types of e-mails available through the Web site might automatically log you in to the Web site and/or set new cookies when you click on the links in the e-mails and you might need to manually remove such cookies if you do not want them to be set on your computer. See section titled “Third-Party Web site Advertising - General” below for additional information about cookies.
• Web Beacons: We use, and permit third parties to use, “Web beacons” (also known as Internet tags, pixel tags, single-pixel GIFs, clear GIFs, invisible GIFs, 1-by-1 GIFs, and Web bugs) on our Web site and in our e-mail newsletters, to monitor the effectiveness of advertising and for other lawful purposes. These Web beacons do not collect personally identifying information about you on our Web site.
• Log Files: We track log files on our Web site (i.e., we log your computer’s IP address into our log files when you visit a page on our Web site) and use them to analyze trends, administer the Web site, track your movements on the Web site, and gather broad demographic information for aggregate use. We might link some or all of this information to personally identifiable information that is stored on a cookie in your computer. We only use information gathered from these activities for our internal marketing and operational purposes.
Disclosure of Personal Information
Hot by 6 will not sell, rent, or share personal information with third parties without your prior consent except in the limited circumstances described in this Privacy Policy.
• Consent: With your consent, we might disclose your personal information to third parties in order to provide you with products and services that you have requested.
• During or immediately following registration, you have the option to view and select offers from various third party companies that may be of interest to you, such as retailers and consumer products manufacturers. These offers are made available to you by our Co-Registration Vendors. If you choose to view these offers we will make information you provide during registration available to these vendors. The vendors will forward this information, along with any other information you provide in conjunction with your request, to companies you have selected in order to fulfill, or facilitate fulfillment of, your request(s). Our Co-Registration Vendors are contractually obligated to keep all such information confidential and to only use it for the purposes for which it was provided. If you do not select any of the available offers, the vendors will delete your information which they have been provided. Please note, however, that any information that is passed on by these vendors to third party companies that you select is subject to those third parties’ privacy practices.
• With your consent, we might disclose information you provide to us during registration to third parties in conjunction with (i) your entry into a contest or promotion, (ii) your request of an offer, or (iii) your participation in a survey or similar activity on the Web site. You might be asked for additional information in order to enter the contest or promotion, request an offer, or participate in a survey. The third parties will use the information we provide to them, along with any information you provide during your entry, request, or participation, in order to (i) notify you if you have won a prize in a contest or sweepstakes, and (ii) to fulfill, or facilitate fulfillment of, requests for products or services you may make in connection with your entry, request, or participation. These third parties are contractually obligated to keep all such information confidential and to only use it for the purposes for which it was provided. When we provide information collected during a contest, promotion, offer, or survey on the Web site to third parties, we always disclose this to you at the time of collection.
• Hot by 6’ Own Business Purposes: We use and disclose information about you for our own internal statistical, design, or operational purposes, such as to estimate our audience size, measure aggregate traffic patterns, and understand demographic, user interest, purchasing and other trends among our users. We might outsource these tasks and disclose personal information about you to third parties, provided the use and disclosure of your personal information by these third parties is restricted to performance of such tasks. We might also share personal information with third-party vendors who assist us in performing internal functions necessary to operate our business. We require our third party vendors to keep such information confidential and to only use the information for the purpose it was provided.
• Protection of Hot by 6 and Others: We disclose personal information when we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this privacy policy or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our users’ rights, property or safety; or to protect our users from fraudulent, abusive, or unlawful use of our Web site; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of personal information without delay.
• Business Transfers: Information about our users, including personal information, might be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the company.
Children
We do not intend, and the Website is not designed, to collect personal information from children under the age of 13. If you are under 13 years old, you should not register for our services or otherwise provide information on our Website and should ask your parent to do so for you.
Third Party Web site Advertising - General
We use one or more third-party advertising companies to serve ads when you visit our Web site. We do not share personal information about you with any third party advertiser unless you give us permission to do so, separate from any permission you provide during the registration process. These advertisers might seek to use cookies and Web beacons to track session data about the ads you have seen and types of things in which you appear interested. These advertisers might also use combined information about your visits to our Web site and other Web sites in order to provide advertisements about related goods and services of interest to you. 3rd party advertising networks may place a cookie on your computer to tailor ad content both on Hotby6.com and on sites within the third party network that you visit in the future.
Third Party Search Engines - Hot by 6 provides access to publicly viewed site information by third-party search engine “crawlers” (such as Google). Hot by 6 blocks access by these engines to personal information beyond the publicly viewed information you agreed to upon registering for the site, and as indicated in this privacy policy and terms and conditions.
Third Party Links
From time to time we might have links to other Web sites from our Web site. We do not control, and therefore cannot be responsible for, the collection, use, or disclosure of your information by any such third party Web site. Please carefully review the privacy policy of any third-party Web site that you link to from our Web site. The privacy policies of such Web sites might differ from that of our Web site; therefore, we encourage you to review and understand the privacy policies of such Web sites before providing them with any information.
Third Party Sources
Hot by 6 might also obtain information about you from third parties, such as demographic marketing information, address verification, or third party mailing lists, and add such information to, or combine it with, your personal information. Should we ever obtain this information and link it to you, we will treat it all as personal information under this Privacy Policy.
Security
We use reasonable security measures to store and maintain personally identifying information so as to protect it from loss, misuse, alteration or destruction by unauthorized parties while it is under our control. We use secure socket layer (“SSL”) encryption when transmitting certain kinds of information, such as payment information, over the Internet.
International Users
We collect, process, and maintain your information in the United States, where privacy laws might not be as protective as in your home country. If you are using the Web site from outside of the United States, by providing your information to us you are consenting to the transfer of your information to the United States for processing and maintaining in a manner consistent with this Privacy Policy.
Correcting/Updating Personal Information
We give you the opportunity to opt-out of receiving commercial e-mail from us by following the opt-out instructions provided in the message. Even if you opt-out in this manner, however, you will still receive account-related messages from us. To get placed on our “DO NOT E-MAIL” list, send a request to info@hotby6.com. If your e-mail address is added to the “DO NOT E-MAIL” list, you will not receive any newsletters or other opt-in e-mail messages. Please note, however, that your e-mail address being placed on the “DO NOT E-MAIL” list does not prevent you from receiving “send-to-a-friend” e-mail messages, or email messages from third parties from which you requested information, products, or services from during or immediately after registration. To opt-out from messages from these third parties, or from any other communications that you receive directly from third parties, you must contact them directly in order to opt-out.
Contact Us
If you have any questions or comments about this Privacy Policy, the privacy practices of this Web site, or your dealings with Hotby6.com, please contact us at info@hotby6.com or use the following address phone or fax number:
Hotby6.com
P.O. Box 192
Sherwood, Oregon
97140 Phone: 888-468-2906
Fax: 888-468-2906
Terms and Conditions of Use Notice
Welcome to Hotby6.com (the “Web site”). Please read this Terms and Conditions of Use Notice (“Notice”) carefully before using the Web site. By viewing or otherwise using this Web site, you agree you are 13 or older and agree to the Hot by 6 privacy policy and to the terms and conditions in this Notice.
We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. This Notice applies exclusively to your access to, interaction with, and use of, this Web site and does not alter in any way the terms or conditions of any other agreement you might have with Hotby6.com, Inc. (“Hot by 6”) for products, services, or otherwise. We encourage you to review our Notice each time you visit our site to see if it has been updated since your last visit.
If you have any questions regarding the use of the Web site, please refer to the Frequently Asked Questions section. All other questions or comments about the Web site should be directed to info@hotby6.com.
Privacy Policy
Hot by 6 believes strongly in protecting user privacy. Hot by 6 has therefore adopted a Privacy Policy. Users of this Web site should refer to Hot by 6’ Privacy Policy, available for viewing here, before providing any information.
USER REGISTRATION
(A) In order to access or use some features of the Web site, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to Hotby6.com.
(B) In order to become a registered user, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Web site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at our customer support address info@hotby6.com of any breach of security or unauthorized use of your Membership.
(C) Recipes or other content saved by a member in the Group Meal Planning section will be public and viewable by all members within your group. Recipes or other content saved by a member in the Individual Meal Planning section will only be viewable by the member assigned to that account.
Proprietary Rights
I. Content
All Web site materials, including, without limitation, the Hot by 6 logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Hot by 6 or its affiliates or licensors. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Hot b y6, is strictly prohibited.
II. Trademarks
“Hotby6.com,” “Hot by 6,” and other trademarks on this Web site are trademarks of Hot by 6 or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hot by 6. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Hot by 6, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hot by 6. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Web site are the property of their respective owners.
Hot by 6 might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of the Web site. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Hyperlinks
You are granted a limited, nonexclusive right to create a hyperlink to the homepage or recipe home page of this Web site only, provided such link does not portray Hot by 6 or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Hot by 6 trademark, logo, or other proprietary information, including the images found at this Web site, the content of any text, or the layout/design of any page or form contained on any page of the Web site, without Hot by 6’ express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of Hot by 6 or any third party.
Third-Party Content & Services
Hot by 6 may provide hyperlinks to sites such as search engines and content of third parties (“Third-Party Content”) as a service to those interested in this information. Hot by 6 does not monitor nor does Hot by 6 have control over any Third-Party Content. Hot by 6 does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Hot by 6 does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.
Submissions
By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to Hot by 6, either online or offline and whether or not solicited by Hot by 6, you hereby grant to Hot by 6 an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party.
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Hot by 6’ expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Hot by 6 to effect, perfect, and confirm the license granted to Hot by 6 to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Hot by 6 and Hot by 6 is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Web site or otherwise used by Hot by 6, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant Hot by 6 the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.
User Conduct
This Web site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Web site. You agree not to use the Web site to do any of the following:
1. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
3. Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Without Hot by 6’ written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
6. Harm minors in any way; or
7. Upload, post, e-mail, transmit, or otherwise make available 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.
Disclaimer
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. Hot by 6 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HOT BY 6 DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Hot by 6 DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.
Hot by 6 reserves the right to change any and all Content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Hot by 6.
Limitation of Liability
IN NO EVENT SHALL HOT BY 6 OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE, EVEN IF HOT BY 6 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above might not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless Hot by 6, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web site or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Web site, and any Material and Submissions transmitted by you via or in connection with our Web site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Web site from fraudulent, abusive, or unlawful use of our Web site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Oregon, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Multnomah County,Oregon, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.
Termination
Hot by 6 reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Web site, to block or prevent future access to and use of this Web site, and to remove and discard any Material and Submissions.
Severability
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.
ADDITIONAL TERMS.
Supporting Member Subscription Services
Subscription Services
Some features of or services provided through the Web site require a fee-based subscription (all fee-based subscriptions are referred to as “Subscription Services”). If you elect to purchase Subscription Services you understand that your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. Subscription Services may change, without prior notice. From time to time we may offer certain special promotions or offers (such as free premiums with purchase, or product discounts, etc) associated with our products (“special premiums”). Shipment of such special premiums may take 6-12 weeks for delivery. Hot by 6 reserves the right to charge shipping fees associated with these special premiums/products. Any and all promotions and/or offers, including those for special premiums may be discontinued at anytime, without prior notice at our discretion and are only available while supplies last or for the duration noted.
Canceling Subscription Services.
You may terminate Subscription Services at any time by contacting our Customer Support at info@hotby6.com. If you have a dispute with us relating to the Web site or the Subscription Services, you may cancel the Subscription Services. The cancellation of Subscription Services is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. Any such termination or cancellation is subject to the no-refund policy described below. Please remember that if we determine, in our sole discretion, that you are not complying with any terms of conditions in this Notice, the Privacy Policy, or other terms and conditions on our Web site, we reserve the right to terminate your Subscription Services. Upon any termination or cancellation of your Subscription Services, we may immediately deactivate or delete your subscription service related features and content.
Payment.
Prices for all Subscription Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise and are in the form of US Dollars. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees and taxes (if any) set forth on the Web site. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Hot by 6 for any reason, Hot by 6 reserves the right to either suspend or terminate your access to the unpaid-for Subscription Services.
CONFIDENTIALITY. All information supplied by you to Hotby6.com during the completion of the registration and subscription forms is subject to the Privacy Policy.
LIMITATION ON LIABILITY. Hotby6.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by Hotby6.com on account of technical problems or traffic congestion online or on the Internet or at any web site, or any combination thereof including any injury or damage to entrant's or any other person’s computer related to or resulting from downloading any materials consistent with this Trial or subsequent use of Hotby6.com. If, for any reason, the Trial offer is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Hotby6.com which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of this Trial offer, Hotby6.com, reserves the right, in its sole discretion, to cancel, terminate or suspend the offer and/or any Trials.
CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SUBSCRIPTION OFFER, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, HOTBY6.COM WILL DISQUALIFY YOUR ATTEMPTED REDEMPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
Renewal Program. Hotby6.com is a month to month service. Your monthly renewal date will fall on the anniversary date of the date you signed up. Hotby6.com will charge your credit card at the then-current renewal rate using the credit card information we have on file for your account. Please contact the Hotby6.com Customer Support Department at info@hotby6.com to cancel your automatic renewal, cancel your subscription, or change your payment method. You can also do this on your own by logging into Hotby6.com and entering the Member Account Information Section located on the Cooking Group Manager page.
Gift Subscriptions
In the event multiple subscription gifts are given to the same user, the subscriptions will be added together to assume one expiration date. For example if you were to receive a one year subscription from two different people, you will now have two years of subscription services. There is a 10 year limit on the number of memberships that can be added together. Reasonable attempts will be made to notify the gift recipient by email of their gift subscription. Subscriptions not claimed within one-year of purchase will expire, without a refund. Gift subscription services can be cancelled at anytime. Please see ‘Canceling Subscription Services’. Refund is applied to the card of original purchaser.
Product Returns
If you would like to return a product you purchased from our online store the item must be returned in new condition within 30 days of purchase. Customer is responsible for 100% of shipping costs unless the item is defective in which case we will refund shipping costs.
Copyright Complaints
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent:
Service Provider: Hot by 6
Name of Agent Designated to Receive Notification of Claimed Infringement:
Lisa Raygoza
Full Address of Designated Agent to Which Notification Should be Sent:
P.O. Box 192 Sherwood, Oregon 97140
Telephone Number of Designated Agent: 1-888-468-2906 Facsimile Number of Designated Agent: 1-888-468-2906 E-Mail Address of Designated Agent: lisa@hotby6.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Web site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. Hot by 6 may, within its sole discretion, terminate authorization of users to its Web site who are repeat infringers.
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