1.  GENERAL

 a.  This Agreement (this “Agreement”) applies to the HottestMomInAmerica.com (this “Site”).  This Agreement does not apply to your use of unaffiliated sites to which this Site links.  When you choose to use this Site, you are agreeing to the terms and conditions in this Agreement.  For purposes of this Agreement, the terms “we”, “us”, “our” or “HMIA” refer to 9TV Productions, LLC.  “You” refers to you, as a user of this Site. 

 b.  HMIA may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site.

 c.  YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

 d.  HMIA may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content.  HMIA may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

2.  CONTENT

 a. General.  The contents of this Site are intended for your personal, noncommercial use. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, and other such materials and content, collectively referred to herein as “Content”) are protected by copyright and trademark laws, and owned or controlled by HMIA or its licensors.  You may download one copy of material from this Site for your personal use only, provided you keep intact all copyright and other notices.   When you download copyrighted material you do not obtain any ownership rights in that material.  You shall use the Site and Content in a manner consistent with this Agreement and with all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.

 c. Warranty Disclaimer.  THIS SITE IS PROVIDED AS A SERVICE TO ITS VISITORS FOR INFORMATIONAL PURPOSES AND FOR YOUR GENERAL INTEREST AND ENTERTAINMENT ONLY.  HMIA ASSUMES NO RESPONSIBILITY REGARDING THE CONTENT AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO ITS ACCURACY, CURRENCY OR COMPLETENESS.  BY USING THIS SITE YOU HEREBY ACKNOWLEDGE THAT SOME MATERIALS PRESENTED COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THEREFORE, THAT THE SITE AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HMIA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HMIA DOES NOT WARRANT THAT THE TRANSMISSION OF INFORMATION WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT RESULTS OBTAINED FROM THE USE OF THE INFORMATION WILL BE EFFECTIVE, ACCURATE OR RELIABLE.  HMIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE OR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.  THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

 c.  Restrictions.  The Site and Content are protected by copyright pursuant to U.S. and international copyright laws. You may not upload, post, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part without our express written permission or, in the case of Content licensed by us from third parties, the entity that is credited as the copyright holder of such licensed Content.

 d. Limitation Of Liability.  IN NO EVENT WILL HMIA, ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE PARTNERS, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE HELD LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND RESULTING FROM ANY CAUSE, INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, OR INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES THEREOF, EVEN IF HMIA OR SUCH PARTY HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION INCLUDES DAMAGES TO OR FOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT.  TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST HMIA RELATED TO THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

3.  SUBMISSIONS

THE MATERIALS, INFORMATION AND OPINIONS (“USER CONTENT”) INCLUDED AND/OR EXPRESS IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF HMIA OR ITS CONTENT PROVIDERS.  HMIA DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE USER CONTENT OF THE FORUMS IS NOT THE RESPONSIBILITY OF HMIA.  HMIA MAY REMOVE OR MODIFY ANY USER CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION.  ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOLLOWING SHALL APPLY TO ALL FORUMS:

 a.  You are solely responsible for the content of any submission you make to the Site. HMIA does not and cannot review every message posted by you or others on the Forums and is not responsible for the content of these messages.  HMIA reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

 b.  You shall not upload to, or distribute or otherwise publish any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

 c.  Be courteous.  You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

 d.  You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.  Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Site.

 e.  Debate, but don’t attack. In a community full of opinions and preferences, people always disagree.  HMIA encourages active discussions and welcomes heated debate. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Site.

 f.  You agree to use the Site only in a noncommercial manner.  You shall not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

 g.  Any material you send to us will not be treated as confidential.  By submitting information to the Site, you hereby grant to HMIA, its affiliates and related entities (collectively, HMIA) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute, reproduce and otherwise exploit and use in any manner all such materials in any form, media, software or technology of any kind now existing or developed in the future, and to sublicense and transfer such rights. You also agree to indemnify, defend and hold HMIA harmless for any liability arising due to the use or distribution of those materials.  You further grant HMIA the right to use your name in connection with the reproduction or distribution of such material.  HMIA, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication in their publications, broadcast programming, books or their digital and electronic media except in connection with the forums, chat rooms, and bulletin boards on the Site.  The Site, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Site.

 h.  You must be at least eighteen (18) years old to register for the Site. In consideration of use of the Site, you agree to:  (a) provide true, accurate, current and complete information about yourself if 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 (“Registration Data”) is untrue, inaccurate, not current, or incomplete, HMIA has the right to terminate your account and refuse any and all current or future use of the Site.

HMIA does NOT accept unsolicited scripts, screenplays, manuscripts, show pitches or treatments.

4.  USE OF REGISTRATION DATA

Any information you provide in connection with using the Site shall be subject to the terms of the Site’s Privacy Policy. 

5.  LINKS

The Site contains links to other related World Wide Web Internet sites, resources, and sponsors of HMIA.  Since HMIA is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

6.  REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION

 a.  You represent, warrant and covenant (i) that no materials of any kind submitted through your account will (A) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (B) contain libelous or otherwise unlawful material; and (ii) that you are at least eighteen (18) years old.

 b. You hereby agree to indemnify, defend and hold harmless HMIA, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants, (ii) your use of any information provided on this Site, and/or (iii) your activities in connection with this Site.  You shall cooperate as fully as reasonably required in the defense of any such claim.  HMIA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

7.  USERNAME AND PASSWORD

You may receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HMIA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HMIA cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at HMIA’s sole discretion, and HMIA may refer you to appropriate law enforcement agencies.

8.  FEES AND PAYMENTS 

HMIA reserves the right at any time to charge fees for access to portions of the Site or the Site as a whole.  However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges.  Thus, if at any time HMIA requires a fee for portions of the Site that are now free, HMIA will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed.  All new fees, if any, will be posted in the Help Center and in other appropriate locations on the Site.  You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Site by HMIA or by any other vendor or service provider.  All fees and charges shall be billed to and paid for by you.  You shall pay all applicable taxes relating to use of the Site through your account.

9.  SOFTWARE LICENSES

You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site (“Access Software”).  You may not sublicense, assign or transfer any licenses granted by HMIA, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only.  You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

10.  TERMINATION

HMIA may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach or assignment of this Agreement.  In the event of termination, you are no longer authorized to access the Site and the disclaimers, limitations of liability and indemnification set forth in this agreement shall survive.

11.  MISCELLANEOUS

 a.  This Agreement has been made in and shall be construed and enforced in accordance with Arizona law, without regard to principles of conflicts of laws.  Any action to enforce this agreement shall only be brought in the Federal or State courts located in Scottsdale, Arizona. 

 b.  Questions or concerns about the Site or this Agreement, or any other correspondence with HMIA should be sent to the address listed on the “Contact Us” page of the Site. 

12. CONTACT INFORMATION

Should you have any questions about these Terms of Use, you may contact us by sending your correspondence to:

Hottest Mom in America
501 West Broadway
Suite 1720
San Diego, CA  92101
Attention:  General Counsel

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.