Terms of Use - Hot Candy

Effective Date: February 10, 2025

Welcome to the website of HotCandy.ai, (“HotCandy.ai,” “Company,” “us,” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference—including without limitation our Privacy Policy, Privacy Notice for California Residents, and Terms of Online Sales (collectively, these “Terms of Use” or “Terms”)—govern your access to and use of https://hotcandy.ai (the “Company Site”) and as otherwise provided herein with respect to the Company’s social media pages on various third-party social media platforms (each a “Social Media Page,” together with the Company Site, collectively, the “Site”).

Please read these Terms of Use carefully before you start to use the Site. These Terms contain a binding arbitration clause and a waiver of class action rights. If you do not want to agree to these Terms of Use, you must not access or use the Site.

BY ACCESSING, BROWSING, OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY AND THE PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (WHICH ARE INCORPORATED HEREIN FOR ALL PURPOSES), AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS.

You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you will not challenge the validity, enforceability, or admissibility of these Terms of Use on the grounds that they were electronically transmitted or authorized.

1. Eligibility

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are at least 18 years of age. If you do not meet this requirement, you must not access or use the Site except as provided herein.

In order to become a subscriber (by registering for a free or premium account) or to purchase any product or service offered by HotCandy.ai, we require an individual to be at least 18 years of age. NOTWITHSTANDING, IF YOU ARE UNDER THE AGE OF 18 YEARS OLD OR THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OR STATE OF RESIDENCE (EACH, A “MINOR”), YOU MAY USE THE SERVICES OR PURCHASE PRODUCTS ON A LIMITED BASIS WITH YOUR PARENT’S OR LEGAL GUARDIAN’S CONSENT; PROVIDED THAT YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THESE TERMS OF USE. BY PERMITTING A MINOR TO USE THE SERVICES OR PURCHASE PRODUCTS, A MINOR’S PARENT OR LEGAL GUARDIAN (1) BECOMES SUBJECT TO THESE TERMS OF USE, (2) AGREES TO BE RESPONSIBLE FOR THE MINOR’S ACTIVITIES AND INTERACTIONS WITH THE SERVICES OR THE PURCHASE OF THE PRODUCTS, AND (3) ACKNOWLEDGES AND AGREES THAT A MINOR WILL HAVE ACCESS TO LIMITED FEATURES OF THE SITE AND THE SERVICES.

It is a violation of these Terms of Use to provide false or misleading information to HotCandy.ai in connection with the creation of an account, or to make any purchase or use any of our services under false pretenses. If we discover that a Minor created an account without proper parental/guardian authorization, we will immediately terminate that Minor’s account. If you would like to report an unauthorized account registered to a Minor, please contact us at https://hotcandy.ai/contact.

2. Contact Information

Should you have any questions about these Terms of Use, please contact us at:

HotCandy.ai
Attn: Customer Service – Privacy
https://hotcandy.ai/contact

All notices of copyright infringement claims should be sent to the designated agent set forth below in the section titled, Procedure for Submitting Notification of Alleged Copyright Infringement, in the manner and means set forth therein.

3. Community Score Points Terms and Conditions

If you are a current premium subscriber to the Site and are in good standing, you may elect to participate in HotCandy.ai community score features that allow premium subscribers to earn community score points (“Points”). Points are granted at the sole discretion of HotCandy.ai and are earned by premium subscribers through site engagement, including, but not limited to:

When you write a headline;
When you write a comment on an article or a user’s headline;
Replying to a user’s comment;
When a user reposts your post;
When you react (like) a user’s headline or comment;
When a user reacts (likes) one of your headlines or comments;
When a user comments on your headline;
When a user replies to one of your comments; or
When a user follows you.

Other than the cost of a premium subscription, there is no cost or minimum participation threshold to earn Points. Points have no monetary or redeemable cash value, do not constitute the property of the premium subscriber, and are not transferable.

Participation in community score activities and benefits is at HotCandy.ai’s sole discretion. HotCandy.ai may, in its sole discretion, terminate any premium subscriber’s access to community score features or suspend participation eligibility without notice for conduct that HotCandy.ai believes is unlawful, violates our Terms of Use, or is otherwise harmful to the interests of HotCandy.ai or its community. Upon termination of a premium subscriber’s account, HotCandy.ai may (i) allow that subscriber to retain Points if the account is later reactivated, or (ii) void some or all accumulated Points, rendering them permanently irredeemable.

HotCandy.ai reserves the right to change these Community Score Points Terms and Conditions or remove community score features at any time without prior notice. Participants expressly waive any rights or claims of liability against HotCandy.ai or its employees, agents, or representatives for any awards or other benefits provided under the Community Score Points Terms and Conditions.

4. Online Purchases and Other Terms and Conditions

All monthly and annual paid subscriptions, one-time contributions, purchases through the Site’s online store, and any other transactions for the sale of products or services through the Site are governed by our Terms and Conditions For Online Sales, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

5. Site Usage

You agree to use the Site only for lawful purposes and for your own personal, non-commercial use. You may download or print a single copy of any portion of the Contents (as defined below) on the Site for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice contained in such material. No other use is permitted unless otherwise expressly authorized in writing by HotCandy.ai.

You may not use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
To send, knowingly receive, upload, download, or use any material that does not comply with the content standards set out in these Terms of Use.
To impersonate HotCandy.ai, a HotCandy.ai employee, another user, or any other person or entity.
To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Site or that may harm HotCandy.ai or users of the Site or expose them to liability.

You are also prohibited from violating or attempting to violate the Site’s security measures, including but not limited to:

Using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
Using any robot, spider, or other automatic device to access the Site for any purpose without our express written permission.
Attempting to probe, scan, or test the vulnerability of the system or network, or breach security or authentication measures without proper authorization.
Introducing viruses, Trojan horses, worms, or any other material that is malicious or technologically harmful.
Attempting to interfere with service to any user, host, or network.
Sending unsolicited email including promotions or advertising (spam).
Hijacking all or any part of the Site or using frames to display the Site without our permission.
Attempting to gain unauthorized access to the Site or any server, computer, or database connected to the Site.
Attacking the Site via a denial-of-service or distributed denial-of-service attack.

Violations of system or network security may result in civil or criminal liability. We will investigate suspected violations and may cooperate with law enforcement authorities to prosecute users involved in such violations.

6. Site Contents and Intellectual Property Rights

Unless otherwise noted, all materials—including images, illustrations, designs, icons, photographs, audio and video clips, text, “look and feel,” layout, graphics, messages, files, and documents—appearing on the Site (collectively, the “Contents”) are owned, controlled, licensed, or used with permission by HotCandy.ai.

The Site as a whole and its Contents are protected by copyright, trademark, trade dress, and other laws, and all worldwide right, title, and interest are owned by HotCandy.ai or used with permission. https://hotcandy.ai, HotCandy.ai, the HotCandy.ai logo, and all other trademarks and service marks appearing on the Site are property of HotCandy.ai or are used with permission. You agree not to display or use such marks without prior written permission from HotCandy.ai.

You may not reproduce, republish, upload, post, transmit, distribute, publicly display, modify, create derivative works from, sell, or exploit in any way any of the Contents or the Site without the prior written consent of HotCandy.ai or the owner of such material, except as follows:

Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use.
If we provide links to Social Media Pages, you may take actions enabled by such features subject to applicable third-party terms.

Any other use of the Site and its Contents beyond these limits is strictly prohibited without explicit permission.

7. Links to Third-Party Sites

The Site may contain links to third-party sites, social media, and resources (“Linked Sites”) provided for your convenience. The inclusion of any link does not imply endorsement by HotCandy.ai. We have no control over the contents of Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

8. User Content

From time to time, the Site may offer the ability for users (including users on our Social Media Pages) to upload comments or other content (“User Content”). HotCandy.ai reserves the right, but has no obligation, to monitor User Content. We assume no liability for any action or inaction regarding transmissions or communications by users or third parties.

All User Content must comply with the content standards set out in these Terms of Use. HotCandy.ai may remove or refuse to post any User Content at our sole discretion, terminate or suspend your access, or take other legal action if we believe such User Content violates the Terms, infringes intellectual property rights, threatens personal safety, or creates liability for HotCandy.ai.

You will not post or transmit any content that:

Violates any applicable law or regulation.
Promotes illegal or unlawful activities.
Infringes the intellectual property rights of others.
Violates the privacy or publicity rights of others or contains material that could give rise to legal claims.
Misrepresents affiliation with any person or entity.
Is libelous, obscene, profane, offensive, threatening, defamatory, harassing, hateful, or otherwise objectionable.
Promotes racism, bigotry, or hatred.
Intends to deceive or defraud.
Contains images or videos of another person without permission.
Collects or solicits personal information of a minor.
Violates our Community Guidelines (if applicable).

By posting User Content, you grant HotCandy.ai an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide license to use, reproduce, publicly perform, publicly display, distribute, and create derivative works of such content, and to authorize sublicenses of the foregoing rights. You represent and warrant that all User Content complies with these Terms of Use, and you understand that you are responsible for any User Content you submit or contribute.

9. Use of Communication Services

The Site may contain facilities designed to enable you to communicate with us (collectively, “Communication Services”). You agree to use Communication Services only to send and receive messages and material that is proper and relevant to the particular Communication Service, and that fully complies with all applicable laws and regulations.

10. Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site without notice. We will not be liable if any part of the Site is unavailable at any time. We may restrict access to some or all parts of the Site to users, including registered users.

You may be required to provide certain registration details to access parts of the Site. It is a condition of your use of the Site that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy and, if applicable, our Privacy Notice for California Residents.

If you are provided with a username, password, or other security information, you must treat such information as confidential. You agree to notify us immediately of any unauthorized access to your account. We have the right to disable any username, password, or identifier at any time if we believe you have violated any provision of these Terms of Use.

11. Copyright Notice

12. Digital Millennium Copyright Act

In the event of an alleged copyright infringement, HotCandy.ai shall act expeditiously in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512 (Source) and will take steps to remove or block access to infringing material.

Procedure for Submitting Notification of Alleged Copyright Infringement

To notify HotCandy.ai of alleged copyright infringement on the Site, send a written notice to the following designated agent:

HotCandy.ai DMCA Agent

Telephone:
Email:

Your written notification of alleged copyright infringement must include:

Identification of the copyrighted work claimed to have been infringed (or a representative list).
Identification of the infringing material and information reasonably sufficient to permit HotCandy.ai to locate the material.
Your contact information, including address, phone number, and email address.
A statement of your good faith belief that the use of the material is not authorized by you, your agent, or the law.
A statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right being infringed.
Your physical or electronic signature.

Counter Notification Procedures

If you believe that material posted on the Site was removed or disabled by mistake, you may file a counter notification with our DMCA Agent. The DMCA allows us to restore the removed content if the party filing the original DMCA notice does not file a court action within 10 business days of receiving the counter notification.

A valid counter notification must include:

Identification of the material that has been removed or to which access was disabled, and where the material appeared before it was removed or disabled.
Your name, postal address, phone number, and email address.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the U.S., for any judicial district where the Site may be found), and that you will accept service from the person who submitted the original DMCA claim or their agent.
Your physical or electronic signature.

Note: If you knowingly misrepresent that material or activity was removed or disabled by mistake, you may be liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.

13. Procedure for Submitting Notification of Alleged Intellectual Property Infringement (Other Than Copyright)

If you believe that any Contents posted on this Site infringe intellectual property rights you own or have the authority to enforce (other than copyright), please send a written notice to our DMCA Agent at the address provided above or via email: privacy@hotcandy.ai

14. Your Privacy Rights

All information we collect on this Site is subject to our Privacy Policy and our Privacy Notice for California Residents (if applicable). By using the Site, you consent to all actions taken by us regarding your information in compliance with those policies.

15. Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal, and does not damage our reputation or suggest any endorsement or association on our part without our express consent.

The Site may provide social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Site.
Send emails or other communications with certain content, or links to certain content, on the Site.
Cause limited portions of content on the Site to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and in accordance with any additional terms we provide. Subject to the foregoing, you must not:

Establish a link from a website not owned by you.
Cause the Site or portions of it to be displayed by framing or in-line linking.
Link to any part of the Site other than the homepage.
Otherwise take any action inconsistent with these Terms of Use.

We reserve the right to withdraw linking permission at any time without notice.

16. Indemnification

You agree to indemnify, defend, and hold harmless HotCandy.ai, its affiliates, licensors, service providers, officers, directors, members, managers, employees, contractors, agents, insurers, attorneys, and successors from any and all claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site.

17. Geographic Restrictions

HotCandy.ai is based in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access may not be legal in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. Disclaimer of Warranties

We cannot guarantee that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. HOTCANDY.AI DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of warranties, so some of the above exclusions may not apply to you.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOTCANDY.AI, ITS AFFILIATES, AND ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUES, LOSS OF PROFITS, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

20. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. YOU AND HOTCANDY.AI AGREE TO GIVE UP ANY RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION.

Any controversy, claim, or dispute arising out of or related to these Terms, the Site, or the relationship of the parties (a “Dispute”) shall be settled solely and exclusively by binding arbitration in accordance with the American Arbitration Association’s Consumer Arbitration Rules. The arbitration shall be conducted in Volusia County, Florida, before a single neutral arbitrator. The arbitrator shall not have the power to award indirect, punitive, or consequential damages against any party.

You agree to arbitration on an individual basis. No Dispute may be arbitrated on a class or representative basis. The arbitrator may not consolidate or join the claims of others similarly situated.

Excluded Claims: Any action by HotCandy.ai for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution is not subject to arbitration.

Any claim or cause of action you may have must be commenced within one (1) year after it accrues. Otherwise, it is permanently barred.

For Excluded Claims, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Volusia County, Florida, and waive any objection to venue or inconvenience of the forum.

21. No Waiver

No failure by HotCandy.ai to enforce any right or provision of these Terms of Use shall constitute a waiver of future enforcement of that right or provision.

22. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

23. Modification

HotCandy.ai reserves the right, in its sole discretion, to update, revise, supplement, and otherwise modify these Terms of Use at any time. Such modifications will be effective immediately upon posting. Your continued use of the Site following the posting of revised Terms means you accept those changes. However, any changes to dispute resolution provisions will not apply to any disputes already pending as of the date the changes are posted.

24. Entire Agreement

These Terms of Use, our Privacy Policy, our Privacy Notice for California Residents, and our Terms and Conditions For Online Sales constitute the sole and entire agreement between you and HotCandy.ai regarding the Site and supersede all prior understandings and agreements.

If any provision of these Terms conflicts with any provision of the Privacy Policy or the Privacy Notice for California Residents, the provision most favorable to HotCandy.ai shall control.