UPDATED: NOVEMBER 24, 2009

Terms of Use and Conditions Agreement

Hotshoe Card Company ("Hotshoe Cards") provides a web-based, interactive card selection service that rates photography submitted by third-party users and creates note cards based on winning photographs ("Services"). This Terms of Use and Conditions Agreement ("Agreement") describes our policies and practices while you are: (1) using Hotshoe Cards' www.hotshoecards.com website (the "Site") and (2) a member of the Hotshoe Cards community.

Notice. The Site is owned and operated by CMYK, LLC d/b/a Hotshoe Card Company, a Texas limited liability company. Hotshoe Cards has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content and software needed for access or use of the Site. By agreeing to use this Site and its Services, you understand and agree to all terms and conditions of this Agreement. You may visit the Site at any time to read this Agreement and learn of any revisions made to this Agreement. All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately; changes to Section 6 (c) will not be effective to alter the terms of any Sales Licenses then in effect, but will apply solely to Sales Licenses granted after the effective date of the changes.
Intended Use.
1. This Site is intended for your benefit to become familiar with and use the services of Hotshoe Cards. This Site is a tool for members to promote their own photography and visual arts images.
2. You understand that Hotshoe Cards does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any photography-related information, copyright ownership, political views, satires, sales information, and third-party advertisements posted on or viewable from the Site.
3. You understand that any statements by Hotshoe Cards, its employees, agents, affiliates, and members are provided for informational purposes only.
Membership.
1. Although you can generally browse certain areas of the Site without becoming a member, membership to the Hotshoe Cards community provides you with access to all Services provided by the Site.
2. Membership to the Hotshoe Cards community is free of charge. However, to become a member of the Site, you are required to provide certain information such as your name, address, telephone number, and email address.
3. Membership to the Site will allow you to submit photography to be considered in monthly contests.
4. Membership to the Site is open to all persons, 18 years of age and older, legally residing in the United States, but not including employees of Hotshoe Cards and all children, spouses, siblings, and parents of those employees.
Information and Materials Posted on the Site.
1. Members of the Site may generally submit information to the Site and promote their own photography, visual works, promotional materials, and other materials. Members are solely responsible for such information. Hotshoe Cards is not responsible for verifying ownership of such materials and cannot represent the same to other members of the Site.
2. By submitting any material to the Site, you agree to grant Hotshoe Cards a royalty free license to publish the material on the Site (the "License"). You also authorize Hotshoe Cards to display submitted photographs on the Site, to promote, and to advertise the Site. Winning images may be reproduced and sold in a commercial product offering, subject to the terms of Section 6 (c) below.
3. Hotshoe Cards will not be liable for any infringement of copyrighted material or other protected material submitted by or offered for sale by members of the Site. Members are solely responsible for identifying, verifying, confirming, and maintaining any intellectual property submitted or offered for sale on the Site.
4. The information and materials posted by Hotshoe Cards and contained on the Site are subject to change without notice. Members are responsible for regularly checking our policies, Privacy Policy, and any disclaimers on the Site before becoming a member and while a member of the Site.
5. Any unauthorized use of the Site including but not limited to unauthorized entry into Hotshoe Cards' computer system(s), unauthorized access to information contained on the Site or Hotshoe Cards' computer system(s), misuse of passwords, posting or submission of infringing materials, or misuse of any information posted on the Site is strictly prohibited, will result in termination of membership, and may subject you to civil and criminal penalties.
Sale of Materials offered by Members on the Site.
1. In order for member-owned materials to be sold on the Site, you must submit the materials in a digital format. Hotshoe Cards judges consist of a panel of judges who will screen photo submissions for entry into the final voting stage. The top 25 photographs will be subject to popular vote via a public viewing gallery on the Site. The photographs having the highest number of votes win. Winners may receive recognition, exposure, and earn cash prizes according to their rankings within each contest.
2. Hotshoe Cards has total discretion in deciding which photos will be posted to the gallery each month for voter consideration. Hotshoe Cards reserves the right to reject any photo submitted. All entrants agree that the judges' decisions are final, binding, and are not open to challenge.
3. Winning photographs will be printed and reproduced for commercial sale by Hotshoe Cards, subject to the provisions of Section 6 (c) below. Printed materials will include full credit to you as the author. For more information, please reference individual contest rules posted on the Site.
Our Services.
1. Hotshoe Cards makes no predictions, endorsements, warranties, or guarantees, express or implied, about the truthfulness, accuracy, or quality of any of statements, representations, opinions, information, copyright information, photography-related information, and classified advertisements provided by, advertised by, or offered by any member, individual, company, service provider, or third party utilizing the Site or featured on the Site and assumes no liability related thereto.
2. Hotshoe Cards is not responsible for verifying the authenticity or truthfulness of any material posted on or offered from the Site including such materials submitted by our members. Hotshoe Cards is also not responsible for verifying ownership of any copyright materials submitted or offered on the Site. Rather, each member is responsible for verifying and ensuring that he or she has sufficient copyrights and other rights in all materials submitted to the Site.
3. If your materials are selected for reproduction and sale by Hotshoe Cards, you grant Hotshoe Cards a limited license (the "Sales License") to reproduce and distribute your materials/images and create derivative works from your materials/images solely in the production of greeting cards and in connection with the promotion of the Site. Card reproduction image size will be a maximum of 4 x 6 inches and a production run of any given card is limited to 2000 sets; reproduction beyond that limit will only be by separate agreement with you. You do not grant Hotshoe Cards the right to sub-license or re-license your materials/images or to use them in any other form or manner. The Sales License expires 12 months from the date you are announced as a contest winner. Your sole payment for the Sales License is the cash prize awarded to you as a winner in a particular contest.
Content Restrictions. The uploading or submission of any content, graphic, or other document to the Site containing nudity, partial nudity, explicit language, or vulgar material is strictly prohibited. Any material deemed inappropriate by Hotshoe Cards will, at Hotshoe Cards' sole discretion, be deleted from the Site. All such decisions are final.
Privacy Policy. Please see our Privacy Policy to review how Hotshoe Cards uses information collected on the Site. By entering into this Agreement, you also agree to the Privacy Policy.
Cancellation.
1. To cancel your account with Hotshoe Cards, members may send a request for cancellation to info@hotshoecards.com. Cancellation of membership will not affect any Sales License then in effect between you and Hotshoe Cards.
2. Upon cancellation of your membership, any information related to your membership account will likely be deleted immediately. If you decide that you would like to rejoin the Site, you understand that any previously entered information including any webpage content will not be available and will need to be reentered or recreated.
3. If you have any questions or concerns about our cancellation policy, please contact us at info@hotshoecards.com.
Enforcement.
1. Limitations of Warranties and Remedies. TO THE FULL EXTENT ALLOWED BY LAW, HOTSHOE CARDS DISCLAIMS ALL WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOTSHOE CARDS NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES PROVIDED BY HOTSHOE CARDS. IN NO EVENT WILL HOTSHOE CARDS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF HOTSHOE CARDS HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
2. Indemnification. You agree to defend, indemnify, and hold harmless Hotshoe Cards and its officers and employees (the "Hotshoe Cards Parties") against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys' fees) that the Hotshoe Cards Parties may incur arising out of or resulting from your use of the Site, any sales of your materials/images made through or facilitated by the Site, any of your other activities on the Site, your use of any of the products and services of Hotshoe Cards, any materials submitted by you to the Site, or your breach of any representation or warranty contained in this Agreement or the Privacy Policy.
3. Choice of Law and Venue. THIS AGREEMENT WILL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. BY ENTERING INTO THIS AGREEMENT, ALL PARTIES IRREVOCABLY SUBMIT THEMSELVES TO THE EXCLUSIVE VENUE AND PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS IN DALLAS COUNTY, TEXAS WITH REGARD TO ANY DISPUTE RELATING TO THIS AGREEMENT OR ITS ENFORCEMENT, OTHER THAN CLAIMS BROUGHT UNDER SECTION 11(E) BELOW. THE PARTIES ALSO HEREBY WAIVE ANY CHALLENGE TO VENUE AND PERSONAL JURISDICTION THEY MAY HAVE TO A LAWSUIT FILED IN A STATE OR FEDERAL COURT IN DALLAS COUNTY, TEXAS, RELATING TO A DISPUTE BETWEEN THE PARTIES RELATING TO THIS AGREEMENT OR ITS ENFORCEMENT.
4. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
5. Additional Provisions Regarding Liability. You and Hotshoe Cards agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
6. Notices. Any notices or communication sent by you to Hotshoe Cards pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as Hotshoe Cards may specify in writing. All notices must be sent to:
  CMYK, LLC D/B/A HOTSHOE CARD COMPANY
  P.O. BOX 815068
  DALLAS, TEXAS 75231-5068
Additional Information.
1. Links. The Site may contain links to other sites. However, please be aware that Hotshoe Cards is not responsible for and cannot control the terms of use and conditions of such other sites. We encourage you to be aware when you leave the Site and to read the terms of use of each and every website. This Agreement applies solely to this Site. We are not responsible for the content, accuracy, or opinions expressed in such other websites. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by us.
2. Trademarks. Hotshoe Cards, www.hotshoecards.com, the HOTSHOESM marks and logos, the HOTSHOECARDS.COMSM marks and logos, and the HOTSHOE CARD COMPANYSM marks and logos, and all page headers, custom graphics, graphical user interfaces, webpage designs, blogging and chat rooms, and button icons are service marks, trademarks, and/or trade dress of Hotshoe Cards. All rights are reserved. Hotshoe Cards is not responsible for any use of third-party marks by members on the Site.
3. Copyrights. The Site contains copyrighted material and other proprietary information, including, without limitation, graphics, photography, promotional materials, and other materials. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part without prior written permission. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of the copyright owner(s). Other than Licenses under Section 4 (b) and Sales Licenses under Section 6(c), Hotshoe Cards does not gain any intellectual property rights in materials you post to the Site without agreement by you.
4. Ownership Disputes. Hotshoe Cards does not resolve intellectual property disputes between members or third parties. If you believe your work has been copied and posted on Hotshoe Cards' Site in a way that constitutes copyright infringement, please send Hotshoe Cards' designated agent for notification of claims of infringement (the "Copyright Agent") a notice properly describing the infringement as required by Paragraph 12(e) of this Agreement to:
  CMYK, LLC D/B/A HOTSHOE CARD COMPANY
  ATTN: COPYRIGHT AGENT
  P.O. BOX 815068
  DALLAS, TEXAS 75231-5068
5. Notice of Infringement Claims. Hotshoe Cards intends to strictly follow the requirements of 17 U.S.C. § 512. Any notice of infringement must include a notification of the claimed infringement and the following: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing URL(s) of the claimed infringing material may be sufficient to satisfy this requirement); (iii) your contact information including your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information included in the Infringement Claim is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature. If we remove your content based upon a notice alleging infringement of someone else's copyright, we will notify you that your materials have been removed and provide you with an opportunity to provide us a counter-notice, which must contain: (i) your name, address, phone number and physical or electronic signature; (ii) identification of your material and its location on the Site before removal; (iii) a statement under penalty of perjury that the material was removed by mistake or due to misidentification; and (iv) your express consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. We will then promptly notify the claiming party of the your objection. If the claiming party does not bring a lawsuit in Federal district court within 14 days, we will restore your material to its location on the Site.
6. Attorney's Fees. You agree that Hotshoe Cards is entitled to its reasonable and necessary attorney's fees if it is a prevailing party in litigation against you relating to this Agreement or your use of the Site.
7. Representations and Warranties. You represent and warrant that: (1) you own the content posted by you on, through, or in connection with the Site, and (ii) the posting of your content on, through, or in connection with the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any content posted by you on or through the Site. By using the Site, you represent that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or SNA. You also represent that you are not engaging in activities in an attempt to reverse engineer the Site, portions of the Site, or any materials available through the Site.
8. Contact Us. If you have any questions or suggestions regarding this Agreement, please contact us at info@hotshoecards.com.