This User Agreement (this "Agreement") is a legal agreement between you and HH&A LLC, www.hotbarspot.com. ("HBS," "we" or "our") providing, among other things, the terms and conditions for your use of the HBS Web site, (collectively, the "Service").

Please read this Agreement carefully. By using the Service you agree to abide by all of the terms of this Agreement. If you do not agree to, or cannot comply with this Agreement, please do not use the Service. We may, from time to time, change this Agreement. We will post a copy of the changed Agreement on the Service. Your continued use of the Service constitutes your agreement to abide by this Agreement as changed. Any breach of this Agreement may result in termination of your access to the Service, without notice, in addition to the other remedies available to HBS.

Ownership

All of the information, content, services and software displayed on, transmitted through, or used in connection with the Service, including, for example, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by HBS, (excluding any "User Content," as defined below, which may be owned by others). The Service is protected by copyright, trademark and other intellectual property laws of the United States of America and applicable international intellectual property laws.

Use Of The Service

You must be at least 18 years of age to use the Service. You may use the Content online only, and solely for your personal, non-commercial use and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. However, HBS does not represent or warrant that use of any Content will not infringe rights of third parties. If you operate a Web site and wish to link to the Service, you may do so provided you agree to remove such link immediately upon our request. The permitted use described in this paragraph is contingent upon your compliance at all times with this Agreement. No other use is permitted without our prior written authorization. Further, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service in any way that affects a user's experience, and not to use any data mining, data gathering or extraction methods. Requests to use Content for any purposes other than as permitted in this Agreement should be directed to content@hotbarspot.com .

Protecting Copyrights And Other Intellectual Property

We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We will terminate the User Content accounts of repeat infringers.

Any comments, posts, feedback, notes, messages, images, audio, materials, ideas, suggestions or other communications you submit on or through the Service (collectively "User Content") are considered private and you retain all rights. Submitting such User Content on or through the Service, you are confirming that (a) you have obtained all necessary permissions associated with the User Content, including without limitation permissions relating to copyrights, trademarks, rights of publicity and/or rights of privacy; and (b) the User Content is not libelous, obscene or otherwise in violation of this Agreement.

By submitting any such User Content on or through the Service, you grant HBS permission to use your name and any other information (as provided by you) to attribute such User Content to you. You also grant HBS the right to use any User Content for information gathering and statistics creation for the marketing of any product or service associated with the wine spirits and accessories industry using or inspired by such User Content. All rights granted in this section are granted without the need for additional compensation of any sort to you.

Interactive Areas Of The Service

The bulletin boards, chat rooms, and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information. We expect people to differ.judgment and opinion are subjective.and we encourage free speech and the exchange of ideas. But, by using these areas of the Service, you are participating in a community that is intended for all of our users.

Therefore, we reserve the right, but undertake no duty, to review, edit, move, or delete any User Content provided for display or placed on the Service, at our sole and absolute discretion, without notice to the person who submitted such User Content.

You may be held liable for any illegal or prohibited User Content made accessible on or through the Service or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Service is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, e-mail or otherwise make accessible on or through the Service any User Content that:

  • Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious;
  • Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
  • Is or could be harmful to minors;
  • Harasses or advocates harassment of another person;
  • Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
  • Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
  • Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
  • Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
  • Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
  • Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by Freedom or any other party;
  • Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
  • Otherwise violates any local, state, national or other applicable law or regulation.

In addition, you may not, in connection with your use of the Service:

  • Impersonate any person or entity or falsely misrepresent your affiliation with any other person or entity;
  • Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted on or through the Service;
  • Engage in commercial activities and/or sales without our prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
  • Post or transmit any Content that you do not have the right to post or transmit;
  • Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
  • Disrupt the ordinary flow and operation of any portion of the Service, including causing a screen to scroll faster than another user may be able to type in a chat room or bulletin board environment;
  • Interfere with or disrupt the Service or any server or network involved with the operation of the Service;
  • Stalk or harass any other person; or
  • Collect or "harvest" from the Service the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.

Third-Party Links; Search Results

The Service may provide links to or automatically produce search results for third-party Web sites or resources or third-party information referencing or linking to third-party Web sites or resources. We have no control over such third-party Web sites and resources, and you acknowledge and agree that we are not responsible for the content or information contained therein. We cannot and do not guarantee, represent or warrant that the content or information contained in such third-party Web sites and resources is accurate, legal, noninfringing or inoffensive. We do not endorse the content or information of any third-party Web site or resource and, further, we do not warrant that such Web sites or resources will not contain viruses or other malicious code or will not otherwise affect your computer. By using the Service to search for or link to a third-party Web site, you agree and understand that we shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on, the Service to obtain search results or to link to a third-party Web site. However, if you have a problem with a link from the Service, please let us know at service@hotbarspot.com

Disclaimer of Warranty; Limitation of Liability

Although we try to provide accurate information on the Service, the materials may contain inaccuracies, errors and typographical errors. HBS does not warrant the accuracy or completeness of the Content contained on the Service. We may make changes to the Content at any time without notice and make no commitment to update the Content.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, AND THE SOFTWARE MADE AVAILABLE ON OR THROUGH THE SERVICE, IF ANY, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND HBS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY THE SERVICE. HBS DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. FREEDOM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HBS, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HBS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, HBS, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE SERVICE; (2) HBS. USE OF ANY USER CONTENT OR INFORMATION PROVIDED BY YOU; (3) USER CONTENT OR INFORMATION POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.

Termination

We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration for any program offered on the Service, your ability to access the Service, and to remove any User Content, for any reason, including without limitation any breach by you of this Agreement or conduct by you that we determine to be inappropriate. You agree that HBS shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.

Assignment

HBS may at any time transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliates, or to any entity that acquires Freedom or any of its assets.

Jurisdiction

The Service is controlled, operated and administered by HBS from within the United States. We make no representation or warranty that the Content available on the Service is appropriate or available for use at other locations outside of the United States. If you use the Service in a jurisdiction that prohibits or restricts the use of the Service, you agree that your use of the Service will be at your own risk, without limitation of any other provision of this Agreement, and that HBS shall not have any liability with respect to such use.

MOBILE SERVICES
HBS offers certain mobile device applications and services, including but not limited to the HBS proprietary IPhone application (collectively the "Mobile Services"). To use or otherwise access the Mobile Services, a User must have a mobile device that is compatible with HBS. HBS does not warrant that the Mobile Service will be compatible with a given User's mobile device.

HBS does not charge Users for Our basic Mobile Services; however, a User will incur some fees in his or her use of Our premium Mobile Services. Further, a wireless carrier's normal messaging, data and other rates and fees will still apply. A User should therefore check with his or her carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by a User's carrier, and not all Mobile Services may work with all carriers or devices. Therefore, a User should check with his or her carrier to find out if the Mobile Services are available for his or her mobile device, and what restrictions, if any, may be applicable to his or her use of such Mobile Services.

By using the Mobile Services, a User agrees that HBS may communicate with him or her regarding HBS by SMS, MMS, text message or other electronic means directed to his or her mobile device and that certain information about his or her usage of the Mobile Services may be communicated to HBS. In the event a User changes or deactivates his or her mobile device telephone number, said User agrees to promptly update his or her HBS account information to ensure that messages are not sent to the person that acquires said User's old number.

USER END LICENSES

  1. HBS hereby grants a User a non-exclusive, non-transferable, revocable license to use Our Mobile Services as follows:
    • A User may employ the Mobile Services with one HBS account (a "User Account"). A User Account is comprised of the shared resources accessible by a single login ID) on one mobile device owned or leased solely by the associated User, for such User's personal use.
  2. A User may not:
    • Modify, disassemble, decompile or reverse engineer the Mobile Services, except to the extent that such restriction is expressly prohibited by law;
    • Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Services to any third party or use the Mobile Services to provide time sharing or similar services for any third party;
    • Make any copies of the Mobile Services;
    • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Services, features that prevent or restrict use or copying of any content accessible through the Mobile Services, or features that enforce limitations on use of the Mobile Services; or (v) delete the copyright and other proprietary rights notices on the Mobile Services.
  3. User acknowledges that HBS may from time to time issue upgraded versions of the Mobile Services, and may automatically electronically upgrade the version of the Mobile Services that a User employs on his or her mobile device. A User consents to such automatic upgrading on his or her mobile device, and agrees that the Terms and Conditions of Use will apply to all such upgrades.
  4. With respect to any open source or third-party code that may be incorporated in the Mobile Services, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
  5. The foregoing license grant under the Terms and Conditions of Use is not a sale of the Mobile Services or any copy thereof and HBS or its third party partners or suppliers retain all right, title, and interest in the Mobile Services (and any copy thereof). Any attempt by a User to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in the Terms and Conditions and Use, is void. HBS reserves all rights not expressly granted under the Terms and Conditions and Use.

MODIFICATION OF THE AGREEMENT
HBS reserves the right, at Our discretion, to change, modify, add, or remove portions of the Agreement or any affiliated Guidelines or Policies at any time. By a User's consent to the Agreement, He or she obligates himself or herself to periodically check the Agreement and all Guidelines and Policies for any changes. A User's continued use of the Services after the posting of any modifications or changes constitutes his or her binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of Our partners, advertisers, or business associates, and a User should refer to those before accessing, purchasing, using or subscribing to such services or products. For any material changes to the Agreement or any Guidelines or Policies, a User acknowledges and agrees that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on Hotbarspot.com.

Entire Agreement; Miscellaneous Provisions

This Agreement is the complete and entire agreement between you and HBS and supersedes any prior agreement, whether written or oral. If for any reason any provision of this Agreement is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of HBS to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver, at the time or in the future, of that right or provision or any other right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.