Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.

As used herein, "Site" refers to tipthehottie.com. These Terms of Service constitute a legal agreement between you and Tip The Hottie, LLC and spell out the terms and conditions to which users of Tip The Hottie are expected to adhere. Please read it carefully before using this site, because by using the Site, you agree to be bound by the terms set forth here, all of which are hereby incorporated by reference into these Terms of Service (collectively referred to as the "Agreement"). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use this Site. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.

1. TIPTHEHOTTIE.COM CONTENT AND USER SUBMISSIONS
   1. The contents of the Site are intended for the personal, noncommercial use of its users. All materials published on the Site (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Tip The Hottie, LLC or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
   2. This Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials in whole or in part.
   3. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission of Tip The Hottie, LLC, or the copyright holder. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
   4. You agree that any information, feedback, questions, comments that you provide to us in connection with this Site will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
   5. If you believe that the content of any Submission provided by you, or any Content appearing on this Site, has been used on this Site in a manner that constitutes copyright infringement, please provide us with a written notice (email is sufficient) that includes the following information:
      1. Detailed identification of the copyrighted work that you believe has been infringed.
      2. Detailed identification of the material you claim infringes this copyrighted work.
      3. Information reasonably sufficient to permit Tip The Hottie, LLC to contact you (email address is preferred).
      4. The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
      5. Your signature.

      Send the Infringement Notification to the following address:

      By email:
      copyright@tipthehottie.com
      
      By postal mail:
      Tip The Hottie, LLC
      Attention: Intellectual Property Counsel
      8865 Mission Drive
      Brighton, MI 48116-2013
      
2. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
   1. This Site may contain links to other related World Wide Web Internet sites, resources and sponsors of Tip The Hottie, LLC. Selection of an ad banner or link will redirect you off of this Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of Tip The Hottie, LLC. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Tip The Hottie, LLC does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.
3. REPRESENTATIONS AND WARRANTIES
   1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or Tip The Hottie, LLC's use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.
   2. You hereby indemnify, defend and hold Tip The Hottie, LLC and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Tip The Hottie, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of Tip The Hottie, LLC without Tip The Hottie, LLC’s prior written approval.
   3. Tip The Hottie, LLC neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through this Site or the Service by any user, information provider or any other person or entity. THIS SITE, THE SERVICE AND ANY MATERIALS PROVIDED BY TIP THE HOTTIE, LLC OR THIRD PARTIES ARE PROVIDED "AS IS." TIP THE HOTTIE, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THIS SITE OR THE SERVICE. TIP THE HOTTIE, LLC DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THIS SITE OR THE SERVICE AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
   4. You hereby acknowledge that the use of this Site and the Services available thereon is at your sole risk.
4. LIMITATION OF LIABILITY
   1. NEITHER TIP THE HOTTIE, LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THIS SITE, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY TIP THE HOTTIE, LLC OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF TIP THE HOTTIE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
   2. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TIP THE HOTTIE, LLC’s AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
5. SYSTEM INTEGRITY
   1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
6. TERMINATION
   1. Tip The Hottie, LLC may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of this Site or Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
   2. Tip The Hottie, LLC, including, without limitation, its authorized agents and employees may terminate your use of this Site without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any Tip The Hottie, LLC event or (ii) attempting to alter or improperly access any feature or function of this Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of this Site or any Tip The Hottie, LLC employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Tip The Hottie, LLC employee or other individual.
7. MISCELLANEOUS
   1. These Terms of Service have been made in and shall be construed and enforced in accordance with Michigan law without regard to any conflict of law provisions. Tip The Hottie, LLC makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Michigan.
   2. Official correspondence must be sent via postal mail to:
      Tip The Hottie, LLC
      Attention: General Counsel
      8865 Mission Drive
      Brighton, MI 48116-2013
      
   3. These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Tip The Hottie, LLC with respect to your access and use of the Site and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Tip The Hottie, LLC with respect to the Site or Service. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Tip The Hottie, LLC may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Tip The Hottie, LLC or (iii) in connection with the sale of this Site or the business unit associated with this Site.