TERMS OF USE

ACCEPTANCE OF TERMS OF USE

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. HookedonVamps.com ("HOV"), a web site of Genutopia, LLC. reserves the right, in its sole discretion, to update, modify, update or revise these Terms of Use.  Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes your acceptance of those changes.

You accept that this site is to be used for lawful purposes ONLY. By using this site you agree and accept to comply, at all times, with all and any applicable laws, rules, regulations, statutes, ordinances and all the like; whether local, state, regional, federal, national, and/or international, that may be applicable to you and your use of HOV’s Site.


PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site; including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, (collectively the “Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.  Except as expressly authorized in writing by HOV, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Unauthorized modification of the Content or use of the Content for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. The use of any such Content on any other Web site or networked computer environment, unless expressly authorized in writing, is prohibited. Notwithstanding the above, you may print or download one (1) copy of the Content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

 

PRIVACY
HOV is strongly committed to protecting your privacy. To review HOV’s Privacy Policy please click here.

 

USER AGE

All Content, products and/or services offered by and/or contained within the HOV web site are intended and directed for access, consumption and/or purchase by users over the age of 18 (eighteen) (“Adult Users”). Users under the age of 18 (eighteen) (“Minor Users”) are not permitted to access the HOV web site without permission and/or supervision of a parent or legal guardian. HOV will not knowingly collect any type of information from children under the age of 13 (thirteen) or permit children under the age of 13 (thirteen) to sign up, enroll or register in any of HOV’s online programs, open an online account with HOV, or to participate in any of HOV’s online forums and/or interactive areas. In the event HOV learns that a user under the age of 13 (thirteen) has furnished HOV’s website with any personal information, has signed up, enrolled, registered or otherwise participated in one or more of HOV’s online programs and/or forums or interactive areas, such information will be remove from HOV’s website as soon as possible.

THIRD PARTY SITES

This site may link you to other sites on the Internet (“Linked Sites”). Linked Sites are operated subject to their own terms of use. HOV is not responsible for the content of any Linked Site even if such Linked Site is affiliated with HOV. Linked Sites may contain information or material that some people may find inappropriate, objectionable, unlawful, inaccurate or offensive. Linked Sites are not under the control of HOV and you acknowledge that HOV is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Linked Sites. The Linked Sites are only for your convenience and they are not necessarily investigated, monitored or checked for accuracy or completeness; therefore, you access them at your own risk and in your sole discretion.

 Without prejudice to the foregoing, HOV seeks to protect the integrity of its web site and that of the Linked Sites, and therefore requests and/or welcomes any feedback not only on its own site, but on sites it links to as well (including if a specific link does not work or is broken).

 

HOV welcomes links to this site. You may establish a link to HOV’s site, provided that the link does not state or imply any sponsorship or endorsement of your site by HOV, its affiliates, or any group or individual affiliated with HOV.  You may not use on your site any logos, trademarks, service marks, or other copyrighted materials or Content appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the Content or other materials on this site without prior written consent.

 

SAFEGUARDING LOG IN AND PERSONAL ACCOUNT INFORMATION

If you have an online account in HOV’s site you are solely responsible for safeguarding and keeping any log-in or access information associated to that account (including, but not limited to, usernames and/or passwords) confidential and secured. You are also responsible for safeguarding your computer from unauthorized access or use by third parties and to keep the email address and/or other related contact information associated to such account current and updated.

 

NOTICES

HOV may deliver notices to you by means of email, a general notice on this site, or by any other reliable method available through the contact information you have furnished or provided to HOV. Failure to keep your email address and/or other contact information current and updated may result in HOV’s inability to contact you or send you important email messages, information or other communications regarding your orders, inquires or requests. By opening an online account with HOV, you agree to accept full responsibility for all activities that occur within and result from such account.

 

TYPOGRAPHICAL ERRORS

In the event that a HOV product is mistakenly listed at an incorrect price, HOV reserves the right to refuse or cancel any orders placed for such product listed at the incorrect price. HOV reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged through any of the payment methods available at the time the purchased occurred (e.g. credit card, paypal account, etc.) If you have already been charged for the purchase and your order is cancelled, HOV shall credit and/or reimburse the amount of the incorrect price accordingly. The method used to credit/reimburse such amount will depend on the method used at the time the purchase occurred (e.g. if the purchased was made with a credit card, paypal or similar account, HOV will credit such credit card, paypal or similar account). In case of a dispute as to what method should be used by HOV to issue a credit/reimbursement, HOV reserves the right, in its sole discretion, to select the method that deems most suitable to complete the transaction.

 

INTERACTIVE AREAS

HOV may provide users with message boards, chatrooms, blogs, forums or other interactive areas (the “Forum” or “Forums” indistinctively) for users to communicate and express their opinions and/or to share ideas, materials, views or to generate content (collectively the “User-Generated-Content”). By providing users with such Forums HOV does not imply agreement, approval or endorsement of any of the User-Generated-Content posted or published in its web site.

 

HOV does not and cannot review all User-Generated-Content posted to or created by users accessing the site, and is not in any manner responsible for the content of these postings, publications or submissions. You acknowledge that by providing you with the ability to view and distribute User-Generated-Content on the site, HOV is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HOV reserves the right to edit, delete, block or remove any User-Generated-Content that is considered, in HOV’s sole discretion, to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right, offensive, conflicting with this Terms of Use, or otherwise unacceptable or inappropriate, without assuming any obligation to do so.

 

You agree that you will not submit or otherwise publish through HOV’s Forums any User-Generated-Content which: (a) libels, defames, invades privacy, or is obscene, unlawful, pornographic, indecent, vulgar, profane, abusive, harmful, threatening, harassing, degrading, hateful, or intimidating; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone's privacy rights, copyrights or trademarks; (c) violates any law or is false, fraudulent, or tortious; (d) advocates, promotes or intends to promote any type of illegal activity, violence, hatred or terrorism; (e) advertises or otherwise solicits funds or is a solicitation for goods or services; or (f) is otherwise objectionable in HOV’s sole discretion.

 

All User-Generated-Content posted on or submitted to HOV or HOV’s Forums becomes the sole property of HOV and none will be returned. By making a post or submitting any content, materials, information or the like you automatically grant HOV and all its affiliates the right to use, publish, distribute, reproduce, translate, license, display, exploit, incorporate, or otherwise use the User-Generated-Content (in whole or in part) in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet) with the understanding that the User-Generated-Content may be adapted, edited, altered or modified, as determined by HOV in its sole discretion, without review, notification or compensation. By posting or submitting User-Generated-Content you agree to transfer and assign any and all rights, titles and interests in such User-Generated-Content to HOV, including but not limited to, the copyright and renewal rights, worldwide, perpetually and irrevocably.

 

Forums and/or special features on this site may be subject to additional guidelines. Should conflict arise between these Term of Use and those additional and/or specific guidelines, the additional and/or specific guidelines shall govern, unless otherwise expressly stated and/or indicated.

 

TERMINATION

HOV reserves the right, in its sole discretion, to issue a warning, or to suspend (temporarily or indefinitely) or terminate a user’s right to access HOV’s web site (including any accounts) in whole or in part, without notice and for any reason; including, without limitation, violation of the Terms of Use and/or any other applicable laws. HOV may provide such user with a written notice, but it’s not, in any case, obligated to do so.

These Terms of Use are applicable to you upon your accessing the site or any of its Forums, upon your completing registration in any of HOV’s online programs or upon your participation in any shopping, purchase or transaction. These Terms of Use, or any part of them, may be terminated by HOV without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability and Warranties shall survive any termination.

 

DISCLAIMERS AND LIMITATION OF LIABILITY

HOV is not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from you accessing or visiting HOV’s web site, participating in HOV’s Forums, signing up or registering in any of HOV’s online programs, or from downloading any Content from HOV’s Web sites, regardless of whether the material was prepared by HOV or by a third party, and regardless of whether the material is connected to HOV’s Web sites by a hypertext link. 

By using this site you agree to release and to hold harmless HOV, its licensees, franchisees, parents, affiliates, subsidiaries, advertising and promotion agencies, and all of their respective directors, officers, employees, representatives and agents (the "Released Parties,") from and against any and all liability for any loss, property damage or damage to persons, including, without limitation, death and injury, due in whole or in part, directly or indirectly, from or arising out of your use or misuse of HOV’s website, the Content, the Forums or any other related activity.

DISCLAIMER OF WARRANTIES

THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOV DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT HOV OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN HOV'S WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HOV) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE CONTENT THAT YOU READ IN THIS SITE IS PROVIDED SOLELY FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HOV, OR THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGE THAT RESULTS FROM THE USE/MISUSE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HOV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL USERS BE PERMITTED TO OBTAIN AWARDS FOR, AND USERS HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS' FEES, AND USERS FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOV’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


JURISDICTIONAL ISSUES

Unless otherwise specified, the Content in the HOV Web site is presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States of America. This site is controlled and operated by HOV from its offices within the city of Deerfield Beach, Florida, USA. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or HOV bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the state or Federal Courts located in Broward County, Florida, USA, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by HOV.

 

Last updated: February, 2010