The Terms can be modified at any time by the administration of the Website. We hold the right to change any part of the Terms due to different reasons we interpret as indispensable. After the change occurs the notice of it will appear on this page with relevant data. In case of a significant amendment, we will notify you via email or other means, which are appropriate under certain circumstances. Despite that, it is your responsibility to inspect all the Terms or Policies on the availability of any changes. We consent not to provide the backdated changes without notification. As long as you are a customer of us and utilize our Services, you legally fall within all the modifications of the Terms. If you do not accept any change of the Terms, you should stop using our Service, in order to prevent infringement of the rules.
2. YOUR RESPONSIBILITIES
By using our Services, you represent and warrant that:
- you are 18 years old or above this age;
- you are legally allowed to enter a binding contract with Horny Spark;
- you do not engage in any kind of romantic relationships;
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
- you are allowed to run a business with the United States;
- you do not have law restriction from using our services;
- you have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
- you are not required to register as a sex offender with any state, federal or local sex offender registry;
- you do not have more than one account on our Services;
- you have not previously been removed from our Services by us, unless you have our written permission to create a new account.
The administration of the Website reserves the right to delete your account if at any time you cease to meet these demands.
You agree to:
- adhere to these Terms, and regularly check this page to be sure you are aware of any change;
- adhere to the existing legislation, which includes, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
- upgrade and use our Website and App in their latest version;
- be respectful and treat every other member with honor, on the Service, as well as of the Service;
- stay formal and be polite when you communicate with our customer care team or any other employee;
- go through the Safety tips;
- create a password that is hard to hack and do not reveal it anywhere. Take all the possible measures to keep your profile safe.
3. RESTRICTIONS ON YOUR USE
By subscribing to the Service, you automatically agree not to post any side content on the Service platform, provide links to any websites or content or attend any sort of activity on the Hot Intensity which can be classified as:
- misrepresentation or distorted depiction of any person, organization, or entity;
- divulging of any personal or confidential information of any person or organization without enlisting their consent first;
- divulging or\and pressure on a person under 18 to reveal any personal information, including passwords, for illegal purposes;
- spreading dangerous content, which contains any technically harmful material (that includes, without any exception, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other harmful data);
- promotion of hate speech, such as racism, bigotry, hatred or physical harm against any group or individual;
- promotion of illegal or unlawful activities;
- an intention to harass, annoy, threaten or intimidate any other members or other people or organizations;
- distorted information, obscene, indecent, seditious, offensive, pornographic, abusive, required to incite racial hatred, discriminatory content, in breach of confidence, which violates the privacy or harms minors in any way (considering a minor as a person aged under 18);
- content which contains any material which may prejudice or violate any third party's rights;
- misleading information or fraudulent;
- larceny of others' copyrighted content (such as music, videos, photographs, images, etc.), patents or personal data, used without the consent of their proprietors;
- distribution of junk mail, spam or advertisement letters;
- advertisement or solicitation aimed to force any member to buy or sell any products or services;
- an obstacle to the full-fledged and correct work of Service network or attempt to impose an unreasonable load to the operating system of the Service, which may cause its downfall;
- content which violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- support of any kind (material or informational) to the organization(s) set out as a foreign terrorist organization (s);
- stalking or otherwise harassment of another person or user or member;
- means of collecting or storing personal data about other users or members without asking for their permission (including usage of scripts, bots or web crawlers).
- post, text, transmit or reveal members’ private information in any other way;
- send a message or communicate with members in any other way with the intention other than to interact and build relationships;
- change, delete or edit any post or material, created by other users;
- pursue to probe, scan or figure out the possible vulnerable position of the Hot Intensity system to hack it or to breach the security in order to get an unlawful authorization;
- pursue to impede the efficient and effective functioning of the Service, via overloading the Hot Intensity, flooding, spamming or disrupting the work process in any other way;
- falsify or imitate the identifiers of the Service, for the purpose of transmitting through the Service unlawful content without getting determined;
- distribute advertisement messages, promotions or\and encouragement to purchase product or service;
- falsify or\and take benefit any TCP/IP packet header or any part of the header information or\and use it to spread content or emails on our behalf;
- take benefit from the information obtained from the Service, contact users, in order to promote any product or service, without asking for their consent.
If you violate any of the Terms stated in this subsection in order to send unlawful content or spread forbidden information of any kind through the Service, we reserve the right to impose a fine on you for each act of breaching you manage on the Service.
We highly suggest our users report such violating actions to us once they notice them.
As a user of the Service, you have to fully understand and be aware of your rights and responsibilities. In order to use the Service comfortably, it is our duty to provide you with all the information with regard to the content on our Services, including any content you provide or post. It is strictly prohibited to post inappropriate content.
After you subscribe to our Service, you will get access to such content:
- the content you upload to your profile while using Service (“Your Content”);
- the content other members upload to their profiles while using Service (“Member Content”);
- the content Horny Spark provides on the Service for convenience and comfort of the users who have access to the Service (“Our Content”).
5. YOUR CONTENT
Be aware, that you are fully responsible for Your Content and it is your duty to indemnify, defend, release and keep us protected from any grievances made in connection with Your Content.
It is requested and mandatory for your information to be accurate and credible. Make sure to fill your profile page with accurate data, including the one submitted through Facebook or other third-party sources. Update the information regularly to keep it relevant.
All the content you publish on your personal account should be pertinent to the estimated use of the Service. For the purpose of safety do not post any personal information, yours as well as other users. This includes names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details. Revealing any piece of this information may cause fraud actions and you do it on your own risk. We encourage you to use caution in disclosing any personal information online.
The personal profile you create will be visible on the Horny Spark for every user, so make sure you fill it with proper content. Do not post information you are not comfortable with. You are aware and agree that Your Content can be viewed and spread by other members, regardless of these Terms prohibits such actions. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
We reserve the right to review all the content uploaded by the users to prevent the Terms violation. You are aware and agree that we may limit, edit, delete or remove any of your posted content, as well as block access to any of Your Content. Moreover, you understand and agree that we have no obligation to display any of Your Content.
6. MEMBER CONTENT
Notwithstanding you have access to Member Content, you are not allowed to copy, spread or use this content in any other kind of way.
Each user has right to share content on the Service. Member Content is a property of a user who posted it and our Service displays it at the direction of that user.
Remember that the only way you can use Member Content is in order to communicate and meet other people, as it coordinates with the purpose of our Service. You do not have the right to use Member Content for commercial purposes, to spam or forced to buy products or services. It is strictly forbidden to take benefits from personal information in order to harass or make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
7. OUR CONTENT
Horny Spark owns all other content on the Service.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 8 below, and we reserve all other rights.
8. OUR RIGHTS TO REMOVE OR EDIT CONTENT
You recognize and accept that alongside the private chats we grant you chats, conferences, bulletin boards, blogs, posts and any other publicly accessible means of communication through the Services which are not private. You should be aware of their publicity.
As a consequence, we strongly recommend you not to share any personal information in public communications. Otherwise, use caution before disclosing any personal information as a measure of restraint. We do not take responsibility for the information you chose to disclose and share, or for consequences of your actions. By accepting these Terms, you confirm to keep us harmless from any losses or expenses caused by your actions and that you take full responsibility for them.
Moreover, you herewith grant us your consent and provide us with the right to use such Personal Content for such purposes. All the Personal Content may be visible and searchable not only on the websites operated by us (i.e., different URLs in the form of "co-brands" or "private labels") but also on the third-party search engines, such as Google, Yahoo, and Bing.
9. TO USE YOUR CONTENT FOR OUR OWN PURPOSES
Please note that by posting any type of information or material, including but not restricted to copyrighted content, name or photograph on your profile page or any other public area or mean of communication of the Service, you automatically grant, and you warrant that you have the right to grant us and any of our partner companies, a worldwide license to use, copy, publish, distribute and broadcast such material or content and to grant and authorize sub-licenses of the same. Moreover, as it is stated before, you further relinquish any potential disruption you may have with regard to usage of the Content you provide. We reserve the right to transfer, assign, sublicense or pledge this license, in whole or in part, to our affiliates and successors without notice and you will be deemed to consent to such assignment.
Particularly, please note that your content, including photographs you post, may be used for advertising purposes or in publicity in general. If you want us not to use your content for such purposes, please contact us.
10. DMCA NOTICE
We pursue to abide by the Digital Millennium Copyright Act of 1998, as amended ("DMCA"), permanently and maintain a repeat offender policy which may cause the termination of your right to use the Service in case you infringe the mentioned policy. If you want to declare that your work has been stolen and further copied, posted or made available in any other way through the Service, please notify our DMCA Copyright Agent of your claim, as it is enshrined in the DMCA. Please address the DMCA to confirm these requirements.
To state your claim, you must provide our DMCA Copyright Agent with the information listed below, in writing, to the extent required by the DMCA:
(a) an electronic or physical signature of the person who declares himself as the copyright owner that is presumably violated;
(b) characterization of the copyrighted work (or multiple works covered by a single complaint) that you assert has been infringed;
(c) determination of the content that is claimed to be violated, and data reasonably decent to allow us to detect the content;
(d) data reasonably decent to allow us to contact you (such as your phone number or e-mail address) in the case we need additional information;
(e) a declaration written by you in which you state that use of your Content in a manner complained of is not resolved by the copyright owner, its agent or the law;
(f) a declaration written by you under penalty of perjury, that all the information you stated in your complaint is accurate and that you are the owner of copyright or authorized to act on the copyright owner's behalf.
Please note that all the information provided by you in your complaint may be redirected to the person accused of violating the law of DMCA.
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you consider that your content has been mistakenly removed or disabled in accordance with this Section 17, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above.
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
11. ADS AND THIRD-PARTY CONTENT
Similar to different subscription-based services, you can encounter ads on our website.
Our Services may display advertisements and promotions provided by third parties and also have links to other websites or resources. Horny Spark may as well store non-commercial links or inclusions of the third parties within its content.
Horny Spark does not take responsibility for the suitability (or its lack) of any advertised websites, as well as for their content. Moreover, Horny Spark does not endorse any product or service offered and advertised by the third-party websites on the Service. In case you decided to interact with such third-party resources through the Service, be aware that your interaction is regulated by the third-parties’ Terms. Horny Spark does not regulate your interaction and is not responsible for the regulations stated in such third-parties’ Terms or Policies.
12. PROMOTION OF CAM SERVICES
The ways of promotion the Cam Providers on our Website are following:
(a) promotional banners;
(b) promotional pop-up boxes;
(c) promotional content in the e-mail distribution;
(d) promotional messages within forums.
Models associated with the Cam Provider can easily create a profile on our Website ("Live Model Profile"), which will have a mark as meaning to be a Live Model Profile and it may be found via searching as any other profile.
You take all the responsibilities for communication with any Live Model. This type of profiles is not created by our Service and we are not in charge to monitor them. If you receive the message from this type of profile, there will be an indication that this is a Live Model Profile and thus you may consider it as a promotional mail. We do not take responsibility for any interaction or cooperation between any of our users and Live Model Profile (or Cam Provider) whether or not such actions take place on our platform.
13. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
Using our Website, you will be able to purchase different products and services. After buying a subscription it will be automatically renewed monthly and your account will be charged until you cancel it.
You will have an opportunity to purchase additional services on the Website alongside the main subscription plan. The premium service we offer discloses many more ways to find and meet matching profiles, gives an opportunity to customize your profile and boost it up in order to be higher at the search results. Hot Intensity also provides you with the possibility to watch live cams and featured shows. You can purchase all these services right when you register, or, if you decide you need them later, after the registration.
Your purchase includes an automatically renewing subscription which means that you will be periodically charged for the subscription unless you cancel it. After the initial subscription period is over, the subscription will be automatically prolonged for the price and time period you agreed to when subscribing unless you cancel it before the expiration date.
If you decide to cancel the subscription before it renews, log in to the Website and go to the Settings tool. Once you cancel your subscription, you will be able to use it until the expiration date of the then-current subscription term. After it expires, the subscription will not be renewed and you will not be charged anymore.
14. CANCELLING YOUR MEMBERSHIP AND CUSTOMER COMPLAINT HANDLING
Your subscription will be automatically prolonged after the initial subscription term is over. It will be renewed for the same duration as the subscription term originally selected, at the then current non-promotional subscription rate in accordance with the Automatic Renewal Billing process explained in these terms.
Please, take a note, that you have to terminate your subscription period before the expiration date in order to avoid being charged for the next subscription term. You can change or cancel your subscription plan by following the subscription cancellation procedure described in the Help section. You can cancel the subscription by yourself, or ask us to terminate your user account anytime for any reason.
We reserve the right to suspend or cancel at any time your access to the Services due to reasons we find reasonable (for example, Terms violation). We also have the right to remove your account information or any sort of data from the Service without notice.
In case your access to the Service is blocked due to any allegedly or actual violation of these Terms, you agree that every fee charged from you is final, irrevocable and all the unresolved payments will immediately be due. Once the termination of your use of the Service is completed, we may send the notice to any other member you have contacts with, explaining why is your profile unavailable now.
The following paragraph refers to the residents of the following states only: Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin. Regarding Dating Services, you as the buyer have the right to terminate the appliance of these Terms, without any monetary penalty, at any time prior to midnight of the third business day following the date of this contract, excluding Sundays and holidays. In order to cancel these Terms, send us a signed and dated notice via email saying that you, the buyer, want to terminate the Terms (or in any other words with the same meaning). This notice shall be sent to:[email protected]
The following paragraph refers to the residents of the following states only: California, Illinois, and Ohio. Regarding dating or social referral services (“Dating Services”), if by reason of disability (as defined below) you are unable to receive all Dating Services for which you have contracted, you or your estate may elect to be relieved of the obligation to make payments for Dating Services other than those received before disability, except as provided in following sentence. In case you have paid any amount in advance for the Dating Services, so much of the cost prepaid will be refunded to you or your representative without delay. The term “Disability” means a condition which impedes you from physically using the Dating Services during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification of the physician must be presented to us. This subsection shall prevail over any other contrary term of these regulations.
15. PRICE CHANGES
We reserve the right to amend our subscription packages when we have reasons to do so. In case the modification appears, you will be notified by email you have provided us with, at least 7 days prior to the new subscription price being implemented. You will be able to terminate your subscription if the new pricing is not acceptable for you.
16. DISCLAIMER OF WARRANTIES
17. LIMITATION OF LIABILITY
In no event will we be liable to you or any other person for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, lost profits arising out of your use, or inability to use, the services, even if we have been advised of the possibility of such damages. You further agree to indemnify us and hold us harmless for any and all claims, damages, liabilities and expenses in the event that you find other users' or members' content to be offensive, harmful, obscene, inaccurate and/or deceptive. Under no circumstances shall our liability to you for any claim or cause of action whatsoever, and regardless of the form of the action, whether arising in contract, tort or otherwise, exceed the amount paid by you to us, if any, during the 90 day period immediately preceding the date on which you first assert any such claim. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
18. ELECTRONIC COMMUNICATION
By subscribing to the Service, you automatically give us a right to send you emails, both from us and our sub-offices. These notifications will include information about your account, or any related to the Service news. This type of communication is our manner to keep you updated about all the modifications and changes and it comes as a part of your subscription. You agree that any notice, disclosure or another type of communication will respond to the legal communication requirements.
19. FORCE MAJEURE
Both you as a user and we as an administration are not responsible for any termination or delay in Service performance which was caused by natural disasters, terrorism, strikes, embargoes, fires, war, or any other cause that is not under the affected party’s control.
All the headings used in the Terms serve to provide general information and shall not be considered to determine, limit or interpret the content of any position of the Terms. The meanings behind the Terms will equally define them both in singular and plural forms of the Terms. In case the context requires, any pronoun includes the corresponding masculine, feminine and neuter forms.
Failure to enforce any provision of these Terms shall not constitute a waiver of any term hereof. No waiver of a breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless granted in writing and signed by an authorized representative of us at our director level or above. You acknowledge that if you request a refund or credit from us, our decision to provide this refund or credit shall not act as a release. We are not waiving our rights to seek redress or recovery for the refund or credit issued along with any other rights of recovery or damages available to us regarding your use of the Website and your request for a credit or refund.
22. JURISDICTION AND APPLICABLE LAW
23. MEMBER INTERACTIONS AND DISPUTES
(b) Whenever you have a confrontation with one or more members on the site, regardless of the reason, you herewith exempt us and all the related to us companies and parties, including ours and their equity holders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, damages, losses and liabilities of every kind or nature, arising out of or in any way related to such disputes.
In case you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
24. PROMOTED MESSAGES
Once in a while, we may invite members to use ‘Promote My Profile’ service through Account Settings. After the activation of this ability, we will automatically get permission to broadcast custom messages created by any user or select any random message from the template list. It is our right and responsibility to choose members for the ‘Promote My Account’ service. The process of sending messages through this service will be free, still, the member who sees and wants to reply to the messages, needs to have an upgraded and valid Paid Membership. Each message sent with the purpose of promotion through ‘Promote My Profile’ will be marked accordingly in the recipient’s inbox. We reserve the right to modify any fees payable to senders or recipients at any time.
25. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
Horny Spark does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and check out our Dating safety tips.
You warrant that Horny Spark does not conduct an investigation on users’ criminal background or any other background information, including identity verification. Horny Spark does not conduct an investigation on users’ intention to use the Service or users’ veracity. Horny Spark reserves the right to realize any criminal background check or any other screenings we might need to prevent unlawful actions. You agree that any information you provide us with may be used for the purpose stated before. If the company decides to implement any screening through a consumer reporting agency, you herewith give the company a right to obtain and use a members’ report about you to establish your legitimacy under these Terms.
The responsibility for every interaction between you and other members of the Service is completely and uniquely liable by you. Sex offender screenings and other means cannot guarantee your safety. To be sure your usage of the Service is secure, do not refuse to follow the Safety Tips. Follow the Safety Tips strictly and take all appropriate safety precautions before and at the time of meeting another Horny Spark member. Do not give any of your personal information to the person you barely know; any communication received from the service may be used for improper purposes, acted by fraudsters.
Despite the fact that Horny Spark hardly encourages a respectful user experience and interactions, we are not responsible of the conduct and behavior of any user on and off the Service. You understand and agree to use caution and take all appropriate safety precautions on the site, and especially off, in personal meeting.
26. DISPUTE RESOLUTION
In case of the unlikely event when we have a legal dispute, here is what you need to know.
If you feel not completely satisfied with our Service or want to make a complaint about any reason, please contact Hot Intensity Customer Service Support so that we may regulate all the issues without the involvement of any third-party representants. If you choose to pursue a claim against Hot Intensity, these Terms will apply.
27. INDEMNITY BY YOU
You give your consent, in the context of applicable law, to insure, defend, and hold harmless Horny Spark, our affiliates, and everyone connected to the company, including directors and employees from and against any and all complaints, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, which are related in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your failure to respect of this Agreement.
You are not allowed to resell, delegate or transfer any of your rights or commitments stated in these Terms without our approaching written content. We have the right to resell, delegate or transfer any of our rights or commitments stated in these Terms without notifications and allowance.
29. NON-COMMERCIAL USE
The Service we run is a non-commercial platform for our users. You have no rights and permission to advertise any product or service, distribute any chain letters, junk or spam e-mail through the Service. Moreover, you cannot use any information obtained from the Service to contact members in order to advertise any products or services without their prior consent. If you violate these rules by committing any of the unsolicited communications of any kind through the Services, we reserve all the rights, claims and causes of action we may have, including, but not limited to, the right to seek prescriptive fines for each such unsolicited communication you send through the Services.
ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement.
After the subscription to our Service (no matter what device you use to utilize it), you agree to be obliged by:
- any Additional Terms Upon Purchase.
If you are not ready to follow the rules of our community and be obliged by the Terms we provide, please do not use the Service.
All the headings used in the Terms serve to provide general information and shall not be considered to determine, limit or interpret the content of any position of the Terms. The meanings behind the Terms will equally define them both in singular and plural forms of the Terms. In case the context requires, any pronoun includes the corresponding masculine, feminine and neuter forms. Any word both capitalized and uncapitalized will be deemed to have the same meaning.