TheHotPinks.com and OTC Dreamwerks, Inc.
may change the Terms of Service from time to time. By continuing to
use the Service following such modifications, you agree to be bound
by such modifications to the Terms of Service.
General Terms and Conditions:
In consideration of use of the Service, you
agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Registration Form, and (b) to maintain
and update this information to keep it true, accurate, current and
complete. If any information provided by you is untrue, inaccurate,
not current or incomplete, OTC Dreamwerks, Inc. has the right to terminate
your account and refuse any and all current or future use of the Service.
You agree not to resell or transfer the Service or use of or access
to the Service.
You acknowledge and agree that you must: (a)
provide for your own access to the World Wide Web and pay any service
fees associated with such access, and (b) provide all equipment necessary
for you to make such connection to the World Wide Web, including a
computer and modem.
By using the TheHotPinks.com web site, including
any applets, software, and content contained therein, you agree that
use of the Service is entirely at your own risk.
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR
PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY,
THEHOTPINKS.COM AND OTC DREAMWERKS, INC. DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES
AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THEHOTPINKS.COM, OTC DREAMWERKS,
INC. NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES,
OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD
PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS
TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF OTC
DREAMWERKS, INC., ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES,
AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
OTC Dreamwerks, Inc. is the owner and/or authorized
user of any trademark, registered trademark and/or service mark appearing
at this Web Site, and is the copyright owner or licensee of the content
and/or information on this Web Site including but not limited to any
screens appearing at the Site. You may not download and/or save a
copy of any of the screens except as otherwise provided in these Terms
of Service, for any purpose. However, you may print a copy of the
information on this Site for your personal use or records. If you
make other use of this Site, except as otherwise provided above, you
may violate copyright and other laws of the United States, other countries,
as well as applicable state laws and may be subject to penalties.
OTC Dreamwerks, Inc. does not grant any license or other authorization
to any user of its trademarks, registered trademarks, service marks,
or other copyrightable material or other intellectual property, by
placing them on this Web Site.
OTC Dreamwerks, Inc. reserves the right to
change any information on
this Web Site including but not limited to
revising and/or deleting features or other information without prior
notice. Clicking on certain links within this Web Site might take
you to other web sites for which OTC Dreamwerks, Inc. assumes no responsibility
of any kind for the content, availability or otherwise. (See "Links
from and to this Website" below.) The content presented at this
Site may vary depending upon your browser limitations.
Third Party Provided Content:
Daily updates are subject to market fluctuations
and are based on the latest quotes received from third-party data
contributors and is subject to a 15 or 20 minute delay up to a 24
hour delay, depending upon the source. Market quotes and certain other
information on this Site, as well as reference materials or links
to other sites, are for general informational purposes only, and are
not intended to be relied upon for transactional purposes. Neither
OTC Dreamwerks, Inc. nor any of its data or content providers shall
be liable for any errors or delays in the content, or for any actions
taken in reliance thereon.
User Conduct On the Service:
While using the Service, you may not:
1. restrict or inhibit any other user from
using and enjoying the Service; or
2. post or transmit any unlawful, fraudulent,
libelous, defamatory, obscene, pornographic, profane, threatening,
abusive, hateful, offensive, or otherwise objectionable information
of any kind, including without limitation any
transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state,
national or foreign law, including without
limitation the U.S. export control laws and regulations; or
3. post or transmit any advertisements, solicitations,
chain letters, pyramid schemes, investment opportunities or schemes
or other unsolicited commercial communication (except as otherwise
expressly permitted by OTC Dreamwerks, Inc.) or engage in spamming
or flooding; or
4. post or transmit any information or software
which contains a virus, Trojan horse, worm or other harmful component;
or
5. post, publish, transmit, reproduce, distribute
or in any way exploit any information, software or other material
obtained through the Service for commercial purposes (other than as
expressly permitted by the provider of such information, software
or other material); or
6. upload, post, publish, transmit, reproduce,
or distribute in any way, information, software or other material
obtained through the Service which is protected
by copyright, or other proprietary right, or
derivative works with respect thereto, without obtaining permission
of the copyright owner or right holder; or
7. upload, post, publish, reproduce, transmit
or distribute in any way any component of the Service itself or derivative
works with respect thereto, as the Service is copyrighted as a collective
work under U.S. copyright laws.
OTC Dreamwerks, Inc. has no obligation to monitor
the Service. However, you acknowledge and agree that OTC Dreamwerks,
Inc. has the right to monitor the Service electronically from time
to time and to disclose any information as necessary or appropriate
to satisfy any law, regulation or other governmental request, to operate
the Service properly, or to protect itself or its subscribers. OTC
Dreamwerks, Inc. will not intentionally monitor or disclose any private
electronic-mail message unless required by law. OTC Dreamwerks, Inc.
reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable, inappropriate or in violation of these
Terms of Service.
Failure to Comply With Terms and Conditions
and Termination:
You acknowledge and agree that OTC Dreamwerks,
Inc. may terminate your password or account or deny you access to
all or part of the Service without prior notice if you engage in any
conduct or activities that OTC Dreamwerks, Inc. in its sole discretion
believes violate any of the terms and conditions, violate the rights
of OTC Dreamwerks, Inc., or is otherwise inappropriate for continued
access.
You acknowledge and agree that OTC Dreamwerks,
Inc. may in its sole discretion deny you access through OTC Dreamwerks,
Inc. to any materials stored on the Internet, or to access third party
services, merchandise or information on the Internet through OTC Dreamwerks,
Inc., and OTC Dreamwerks, Inc. shall have no responsibility to notify
any third-party providers of services, merchandise or information
nor any responsibility for any consequences resulting from lack of
notification.
You agree to defend, indemnify and hold OTC
Dreamwerks, Inc. and its affiliates harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys’ fees,
arising in any way from your use of the Service or the placement or
transmission of any message, information, software or other materials
through the Service by you or users of your account or related to
any violation of these Terms of Service by you or users of your account.
Links from and to this Web Site:
You acknowledge and agree that OTC Dreamwerks,
Inc. and any of its website co-branding providers have no responsibility
for the accuracy or availability of information provided by linked
sites. Links to external web sites do not constitute an endorsement
by OTC Dreamwerks, Inc. or its website co-branding providers of the
sponsors of such sites or the content, products, advertising or other
materials presented on such sites.
The links on this web site may take you to
other sites where the trading of securities is possible. You acknowledge
and agree that OTC Dreamwerks, Inc. shall not be responsible or liable
with regard to any trading which may be conducted on such linked trading
sites, non-OTC Dreamwerks, Inc. web sites, and any other web site
which may be linked to or from the OTC Dreamwerks, Inc. site. You
acknowledge and agree that the stock and mutual fund price quotes
and news stories which are accessed within a trading day may be delayed
at least 20 minutes, as may required by exchanges and information
providers. You acknowledge and agree that you bear responsibility
for your own investment research and investment decisions, and that
OTC Dreamwerks, Inc. shall not be liable for any decision made or
action taken by you or others based upon reliance on information or
materials obtained through use of the Service. Prior to the execution
of a securities trade, you should always consult with your broker
or other financial representative to verify securities pricing information.
Information in the many web pages that are
linked to OTC Dreamwerks, Inc.’s Web Site comes from a variety of
sources. Some of this information comes from official OTC Dreamwerks,
Inc. licensees, but much of it comes from unofficial or unaffiliated
organizations and individuals, both internal and external to OTC Dreamwerks,
Inc.. OTC Dreamwerks, Inc. does not author, edit, or monitor these
unofficial pages or links. You acknowledge and agree that OTC Dreamwerks,
Inc. 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 such external sites or resources.
Other Information:
OTC Dreamwerks, Inc. is taking reasonable and
appropriate measures, including encryption, to ensure that your personal
information is disclosed only to those specified by you. However,
the Internet is an open system and we cannot and do not guarantee
that the personal information you have entered will not be intercepted
by others and decrypted.
If you wish to make purchases through the Service,
you may be asked by the merchant or information or service provider
from whom you are making the purchase to supply certain information,
including credit card or other payment mechanism information. You
agree not to hold OTC Dreamwerks, Inc. liable for any loss or damage
of any sort incurred as a result of any such dealings with any merchant
or information or service provider through the Service. You agree
that all information you provide any merchant or information or service
provider through the Service for purposes of making purchases will
be accurate, complete and current. The merchants and information and
service providers offering merchandise, information and services through
the Service set their own prices and may change prices or institute
new prices at any time. You agree to pay all charges incurred by users
of your account and credit card or other payment mechanism at the
prices in effect when such charges are incurred. You also will be
responsible for paying any applicable taxes relating to purchases
through the Service.
Miscellaneous
The Terms of Service and the relationship between
you and OTC Dreamwerks, Inc. shall be governed by the laws of the
State of California without regard to its conflict of law provisions.
You and OTC Dreamwerks, Inc. agree to submit to the personal and exclusive
jurisdiction of the courts located within the state of California.
The failure of OTC Dreamwerks, Inc. to exercise
or enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision. If any provision of
the Terms of Service 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 Terms of Service 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 Terms of Service
must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
