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Terms of Service

HOT MESS EXPRESS TERMS OF SERVICE

Last Updated: October 1, 2017

1. Introduction to the Terms of Service.

Inside the Bowl Productions, LLC (“Inside the Bowl”) operates this site (www.thatsinappropriate.com) that allows individual Subscribers to create customized online personal profiles in order to connect with other Subscribers in a digital space and provides the webpages, forums, blogs, chats, message boards, idea exchanges, content, products, social networking tools, and services in its branded “Hot Mess Express” on-line community (the “Hot Mess Express Communities”) which may be branded as Inside the Bowl, Hot Mess Express, That’s Inappropriate, Scoop the Poop, or another brand owned or licensed by Inside the Bowl Productions, LLC. Your access to and participation in the Hot Mess Express Communities is by registration and monthly subscription only. The services offered and included in the Hot Mess Express Communities include access to the Inside the Bowl branded website/URLs and other features made available by Inside the Bowl Productions, LLC from time to time, the opportunity for Subscribers to create and upload their own content on the Hot Mess Express Communities, and any other features, content, or applications offered from time to time by Inside the Bowl Productions, LLC in connection with this site. The Hot Mess Express Communities are hosted in the United States. Your subscription to and use of Hot Mess Express Communities is governed by this Hot Mess Express Community Terms of Service Agreement, together with the Inside the Bowl Productions, LLC Privacy Policy (available at https://thatsinappropriate.com/support/privacy-policy) (collectively, the “Terms”) as well as the Hot Mess Express Communities’ information that we make available on third-party sites and platforms (including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, collectively “Social Media Platforms”). These Terms are disclosed to you in connection with your use of the Hot Mess Express Communities. PLEASE READ THESE TERMS CAREFULLY BEFORE SUBSCRIBING TO AND USING THE HOT MESS EXPRESS COMMUNITIES.

2. Agreement Between You and Hot Mess Express Communities.

This Terms of Service Agreement (“Agreement”) sets forth the legally binding terms for your use of the Hot Mess Express Communities. You must read and agree to these Terms before subscribing to and using the Hot Mess Express Communities. If you do not agree, you may not subscribe to or use the Hot Mess Express Communities. These Terms describe the limited basis on which the Hot Mess Express Communities are available and supersede prior agreements or arrangements. The Terms describe the permitted and prohibited uses of the Hot Mess Express Communities, among other things, and you should read the Terms in their entirety. Your subscription to and/or use of the Hot Mess Express Communities evidences your acceptance of the then-current version of these Terms, and any related rules and guidelines posted on Hot Mess Express branded web sites. By continuing to subscribe to and/or use the Hot Mess Express Communities, you agree to follow these Terms. The term “Subscriber” means that you have created and registered an account with Inside the Bowl Productions, LLC and have paid a monthly subscription fee to access the Hot Mess Express Communities. You are only authorized to use the Hot Mess Express Communities if you agree to abide by all applicable laws and the Terms of this Agreement. Supplemental terms and conditions may apply to some Hot Mess Express Communities, such as rules for a particular competition, service, or other activity, or terms that may accompany certain content accessible through the Hot Mess Express Communities. Supplemental terms and conditions will be disclosed to you in connection with such competition, service, or activity. Any supplemental terms and conditions are in addition to these Terms and, in the event of a conflict, prevail over these Terms. Inside the Bowl Productions, LLC reserves the right to modify the Terms at any time, effective upon posting of the modified Terms or the URL to the modified Terms on the Hot Mess Express Communities. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes. If you do not agree to any change to these Terms, you must discontinue subscribing to and using the Hot Mess Express Communities. Inside the Bowl Productions, LLC also reserves the right to apply, waive, or modify these Terms as they apply to a specific posting and/or Subscriber without affecting the application of these Terms to all other postings and Subscribers.

3. Third Party Websites.

Contents of the Hot Mess Express Communities may be available on Social Media Platforms (such as Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, and the like), and participation in the Hot Mess Express Communities on such Social Media Platforms are also subject to the specific terms of service and privacy policy for each respective Social Media Platform.

4. Rules of Use of the Hot Mess Express Communities.

The Hot Mess Express Communities are provided and designed to facilitate the open exchange of ideas and information by and between Hot Mess Express Subscribers based on the personal experiences of the Subscribers. However, all participants and Subscribers in the Hot Mess Express Communities must be above the age of eighteen (18). Your profile will be deleted and your subscription will be terminated without warning if we believe that you are under 18 years of age and you represent yourself as 18 or older. Use of the Hot Mess Express Communities and registration to be a Subscriber to the Hot Mess Express Communities is void where prohibited. Inside the Bowl Productions, LLC may, in its sole discretion, edit or remove any posting it deems to be in violation of the Terms or inappropriate for the Hot Mess Express Communities for any reason. The Hot Mess Express Communities are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes. Appropriate Conduct: Hot Mess Express Communities offer Subscribers the opportunity to be a member of a vibrant community of diverse and unique voices sharing different ideas and their personal experiences. There will be zero tolerance for any harassing or threatening behavior or language in the Hot Mess Express Communities. Each Subscriber to the Hot Mess Express Communities agrees that Inside the Bowl Productions, LLC is not responsible for the accuracy of the content of the Hot Mess Express Communities and will not be liable for any damages incurred as a result of the use of any such content. Subscribers may post hypertext links to content hosted and maintained by third parties. Inside the Bowl Productions, LLC has no obligation to monitor these linked sites, and is not responsible for them. Accessing any such linked sites is done entirely at the Subscriber’s own risk. Use of the Hot Mess Express Communities: You agree not to post any inappropriate or illegal content to the Hot Mess Express Communities including, but not limited to, the following: + personal information belonging either to yourself or another person or entity, such as full name, address, phone number, personal email address, and the like; + personal financial information belonging to yourself or any other person or entity; + private information belonging to yourself or any other person or entity; + anything that solicits personal information from anyone under 18; + spam, including advertisements for other web sites and services, commercial solicitation, chain letters, junk mail, unsolicited mass mailings, instant messaging, contests, sweepstakes, barter, or pyramid schemes; + any material that is libelous, fraudulent, unlawful, defamatory, pornographic, obscene, profane, abusive, offensive, threatening, hateful, or otherwise objectionable; + any material that is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual + any material that has excessive violence or offensive subject matter or contains a link to an adult website or exploits people in a sexual or violent manner; + harassing or threatening language toward other Subscribers or any third party or entity; + discussions of illegal activities or links to other websites containing such information, provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses, material that furthers or promotes any criminal activity or enterprise, or discussions that constitute or promote information that you know is false or misleading; + discussions of Moderator actions on the boards (if you need to comment on a Moderator action, please private message any administrator/moderator); + posting, uploading, embedding, emailing, transmitting, or otherwise making available material that violates any party’s copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity; + any content belonging to Inside the Bowl Productions, LLC, or derivative works with respect thereto; + derogatory comments toward or disparaging of Inside the Bowl Productions, LLC or its owners, members, managers, and employees; + details on how to violate or “work around” any Hot Mess Express Communities’ policy, term, or condition; + material that contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); + material that solicits passwords or personal identifying information for commercial or unlawful purposes from other Subscribers; + material that includes a photograph or a video of another person, in a context in which that person had a reasonable expectation of privacy, that you have posted without that person’s consent; + material that promotes propaganda and/or symbols of organizations that are unconstitutional or illegal in your country; + any information or software containing a virus, worm, Trojan horse, or other damaging or destructive component; or + any link directing Subscribers to any information or content that, if posted on the Hot Mess Express Community, would constitute a violation of the Terms or of any state or federal law. Subscribers shall not engage in any activities that are harmful or destructive to the Hot Mess Express Community, including, but not limited to, the following activities: + attacking other Subscribers or entities in such a way as to incite or perpetuate an argument or conflict; + creating usernames to attack other Subscribers’ identities; + impersonating other individuals or falsely representing one’s identity or qualifications; + posting under secondary user names or other aliases for the purpose of either endorsing or denigrating others; + using the account, username, or password of another Subscriber at any time, disclosing your password to any third party, or permitting any third party to access your account; + selling or otherwise transferring your profile; + posting content that breaches any Subscribers’ privacy by including name, address, phone, email address, or any other identifying information. + circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Hot Mess Express Community; + any automated use of the system, including but not limited to using scripts to post comments or upload content; + interfering with, disrupting, or creating an undue burden on the Hot Mess Express Communities or the networks or services connected to the Hot Mess Express Communities; + using any information obtained from the Hot Mess Express Communities in order to illegally abuse or harm another person or entity, or attempting to do the same; + displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Hot Mess Express Communities on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or + using the Hot Mess Express Communities in a manner inconsistent with any and all applicable laws and regulations. The Hot Mess Express Communities are for the personal use of Subscribers only. The Hot Mess Express Communities may only be used for commercial endeavors if such endeavors are specifically endorsed or authorized by Inside the Bowl Productions, LLC. Inside the Bowl Productions, LLC reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Hot Mess Express Communities, including collecting usernames, user ID numbers, and/or e-mail addresses of Subscribers by electronic or other means for the purpose of sending unsolicited e-mail, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliated business links, and other forms of unauthorized solicitation may be removed from Subscriber profiles without notice or explanation and may result in termination of Subscriber privileges. Inside the Bowl Productions, LLC reserves the right to take appropriate legal action for any illegal or unauthorized use of the Hot Mess Express Communities.

5. License to Use Posted Content.

You grant to Inside the Bowl Productions, LLC and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty free license to use any content, text, images, videos, links, communications, opinions, data, ideas, expression of ideas, or other materials you post and submit (collectively, “Materials”) to the Hot Mess Express Communities, without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of Inside the Bowl Productions, LLC, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. The license shall also permit Inside the Bowl Productions, LLC and its designees to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Inside the Bowl Productions, LLC and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed materials owned by Inside the Bowl Productions, LLC and shall not be subject to your approval or payment by Inside the Bowl Productions, LLC of any compensation to you. Inside the Bowl Productions, LLC may perform technical functions to the content, including but not limited to transcoding and/or reformatting the content, to allow its use throughout the Hot Mess Express Communities. You agree that the Materials you submit: (i) are original to you, and owned by you or otherwise you have the right to grant the license as set forth herein; (ii) are accurate, and (ii) do not violate and will not violate the rights of any third party or any local, state, national, or foreign law, including any right of publicity, right of privacy, or any other proprietary right. You acknowledge and agree that the relationship between you and Inside the Bowl Productions, LLC is not a confidential, fiduciary, or other special relationship. Inside the Bowl Productions, LLC shall have the right, but not the obligation, to use your name, likeness, biography, and other information about you in connection with any use of the Materials you submit. By making a submission, you acknowledge and agree that Inside the Bowl Productions, LLC and its designees may create on their own or obtain many submissions that may be similar or identical to the Materials you submit through Hot Mess Express Communities or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials accepted, reviewed, and/or used by Inside the Bowl Productions, LLC and its designees may be similar to your Materials. Hot Mess Express Communities contain content owned by Inside the Bowl Productions, LLC or our licensors or licensees (the “Hot Mess Express Content”), which is protected by copyright, trademark, trade secret, and other laws. Except as we specifically agree in writing, no element of the Hot Mess Express Communities may be used or exploited in any way other than as part of the Hot Mess Express Communities offered to you. You may own the physical media on which elements of the Hot Mess Express Communities are delivered to you, but we retain full and complete ownership of the Hot Mess Express Communities. We do not transfer title to any portion of the Hot Mess Express Communities to you. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Hot Mess Express Content appearing on or through the Hot Mess Express Communities.

6. Registration and Subscription to Community.

Subscribers must register an account with the Hot Mess Express Communities and subscribe to membership in order to post to the Hot Mess Express Communities or view others members’ posts. Monthly subscription fees are regularly US $2.99 per month and are due on the same day of each month, based on your individual registration date. If you subscribe at our then-current regular monthly subscription fee rate, our monthly membership subscription fee will not increase for you as a Subscriber, so long as you continue to keep your account current by renewing your subscription each month by the due date. Accounts which are not renewed monthly by the due date will be terminated immediately for non-payment. Any account which is cancelled or terminated and then restarted or recreated will be subject to the then-current monthly membership subscription fee. Inside the Bowl may offer special limited membership promotions or discounted membership subscriptions for the Hot Mess Express Communities from time to time, in its sole discretion. You may cancel your account at any time. However, there will be no refunds for any pre-paid subscriptions, in whole or in part. Your subscription will terminate naturally at the end of the previously paid month. Inside the Bowl Productions, LLC may refuse to grant you, and you may not use, a user name that is already being used by someone else, belongs to or impersonates another person, violates the intellectual property or other rights of any person (including, but not limited to, trademark rights), is offensive, or that Inside the Bowl Productions, LLC rejects for any other reason, in its sole discretion. Subscriber agrees that all information provided in a profile is accurate, up to date, and complete, and that it will be kept updated. Inside the Bowl Productions, LLC may terminate your account if any of the information provided is found to be inaccurate, out of date, or incomplete. When you sign up to become a Subscriber, you will also be asked to choose a password. You should create a strong password, one which is difficult to detect by both humans and computer programs such as malware and the like, to help protect from compromise and unauthorized access. A strong password is at least 8 characters long and is a combination of upper case letters, lower case letters, symbols, and numbers. You should not use the same password across numerous websites. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Subscriber at any time or to disclose your password to any third party. You agree to notify Inside the Bowl Productions, LLC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

7.Privacy.

Use of the Hot Mess Express Communities is subject to the Inside the Bowl Productions, LLC Privacy Policy (https://thatsinappropriate.com/support/privacy-policy), which may be updated from time to time by posting the updated Policy at the foregoing link. Inside the Bowl Productions, LLC discourages Subscribers from posting personally identifiable information in the Hot Mess Express Communities. Any information posted on the Hot Mess Express Communities is posted at the Subscriber’s own risk. Inside the Bowl Productions, LLC respects and protects the privacy of its Subscribers, and the Terms, including the Inside the Bowl Productions, LLC Privacy Policy, provide details of Inside the Bowl Productions, LLC’s approach to privacy and how it collects, uses, and protects personal information from the Hot Mess Express Communities. By using the Hot Mess Express Communities, you agree that Inside the Bowl Productions, LLC may utilize such information in accordance with the Terms then in effect. However, information posted on the Hot Mess Express Communities is not protected and can be easily obtained and used by others. Any content posted by Subscribers on or through the Hot Mess Express Communities will be publically viewable as soon as that information is submitted. By posting content on or through the Hot Mess Express Communities, you waive any privacy expectations that you may have with respect to the content posted. Inside the Bowl Productions, LLC does not have any control over how third parties use such information, which may not conform to the Inside the Bowl Productions, LLC Privacy Policy. Notwithstanding the foregoing, you shall not use the Hot Mess Express Communities to collect personal information of others or for commercial marketing purposes.

8. Community Moderators.

Inside the Bowl Productions, LLC reserves the right to manage the postings on the Hot Mess Express Communities. To effectively manage the Hot Mess Express Communities, Inside the Bowl Productions, LLC may designate employees, independent contractors, or others to act as moderators and administrators for the Hot Mess Express Communities (“Moderators”). These Moderators are the only representatives of Inside the Bowl Productions, LLC authorized to manage the Hot Mess Express Communities. Inside the Bowl Productions, LLC is not responsible for content provided by any Inside the Bowl Productions, LLC employee who is not designated as a Moderator. Such Inside the Bowl Productions, LLC non-Moderator employees do not represent Inside the Bowl Productions, LLC in any way when posting in the Hot Mess Express Communities.

9. Monitoring of the Hot Mess Express Communities.

Inside the Bowl Productions, LLC has the right, but not the obligation, to monitor any activity and content associated with the Hot Mess Express Communities but assumes no responsibility for monitoring the Hot Mess Express Communities for inappropriate content or conduct. If at any time Inside the Bowl Productions, LLC chooses, in its sole discretion, to monitor the Hot Mess Express Communities, it nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the Subscriber submitting any such content. Inside the Bowl Productions, LLC may investigate any apparent or reported violations of its policies and take any action that it, in its sole and absolute discretion, deems appropriate, including but not limited to issuing warnings; rejection of, refusal to post, or removal of any materials on the Hot Mess Express Communities; and/or denial, restriction, suspension, or termination of your access to any or all part(s) of the Hot Mess Express Communities at any time. Inside the Bowl Productions, LLC expressly reserves the right to remove, screen, or edit any content that it deems, in its sole and absolute discretion, to violate this Agreement or any applicable law or to be otherwise objectionable. If we receive complaints that upon investigation show that you have repeatedly violated third-party copyright, Inside the Bowl Productions, LLC may permanently suspend your subscription for and use of the Hot Mess Express Communities. Inside the Bowl Productions, LLC may take any or all of the actions above at any time, with or without prior notice or explanation, and without liability. As a Subscriber to the Hot Mess Express Communities, you are the front line regarding the discovery of any violations of these Terms or the posting of any offensive or harassing content. Subscribers should notify Inside the Bowl Productions, LLC of any offending messages or other violations of these Terms by clicking the confidential “Report Inappropriate Content” link on the applicable post. Repeat offenders will be contacted by email and may be banned from the Hot Mess Express Communities. If violations are perceived to be egregious or threatening in nature, Inside the Bowl Productions, LLC may contact the appropriate authorities. You are solely responsible for the content that you post on or through any of the Hot Mess Express Communities, any material or information that you transmit to other Subscribers, and your interactions with other Subscribers, either online or in person.

10. Claims of Copyright Infringement.

Notice of Copyright Infringement. If you believe that your work has been copied and posted on or through the Hot Mess Express Communities in a way that constitutes copyright infringement, please send Inside the Bowl Production, LLC’s Copyright Agent a notification of claimed infringement with all the following information (see 17 U.S.C. 512(c)(3) for further details): (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Hot Mess Express Communities (providing the URL(s) of the claimed infringing material will in most cases satisfy this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Inside the Bowl Production, LLC’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, e-mail: dave@thatsinappropriate.com. We may provide your notice (including any contact details displayed in the complaint) to the poster of the work. Inside the Bowl Production, LLC accommodates tools and technologies that help facilitate copyright owners’ control over their copyrighted works. Counter-Notification. If you believe that content you posted on or through the Hot Mess Express Communities and that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner or their agent or pursuant to the law to post such content, you may send a counter-notice containing the following information to Inside the Bowl Production, LLC’s Copyright Agent at the address above: (a) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled (providing the original URL(s) of the material satisfies this requirement); (b) your full name, address, telephone number, e-mail address, and the username of your Hot Mess Express Communities account; (c) a statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; (d) your name, address, and telephone number; (e) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Federal District Court for the District of Florida, if your address is outside the U.S.), and a statement that you will accept service of process from the person who provided notification of the alleged infringement or their agent; and (e) your physical or electronic signature. If a counter-notice is received by Inside the Bowl Production, LLC’s Copyright Agent, Inside the Bowl Production, LLC will send a copy of it to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Subscriber who originally posted the material, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Inside the Bowl Production, LLC’s sole and absolute discretion.

11. Modification and Discontinuance of the Hot Mess Express Community.

Inside the Bowl Productions, LLC reserves the right at any time to delete, modify, suspend, or discontinue, temporarily or permanently, the Hot Mess Express Communities (or any part of the Hot Mess Express Communities, including any postings) with or without notice. Subscriber agrees that Inside the Bowl Productions, LLC will not be liable to Subscribers or third parties for any modification, suspension, or discontinuance of the Hot Mess Express Communities.

12. Modification, Suspension, and Termination.

A Subscriber’s privilege to utilize or access the Hot Mess Express Communities may be modified, suspended, or terminated by Inside the Bowl Productions, LLC immediately and without notice at any time in Inside the Bowl Productions, LLC’s sole discretion. Upon such termination, the Subscriber must immediately cease accessing or utilizing the Hot Mess Express Communities and hereby agrees not to re-register, re-subscribe, or otherwise make use of the Hot Mess Express Communities. Furthermore, the Subscriber acknowledges that Inside the Bowl Productions, LLC reserves the right to take action — technical, legal, or otherwise — to block, nullify, or deny the Subscriber’s ability to access the Hot Mess Express Communities. The Subscriber understands that Inside the Bowl Productions, LLC may exercise this right in its sole discretion.

13. Disclaimer of Warranties and Limitation of Liability.

INSIDE THE BOWL PRODUCTIONS, LLC IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SUBSCRIBER CONTENT OR THE ACCURACY AND RELIABILITY OF THE SUBSCRIBER CONTENT POSTED ON OR THROUGH THE HOT MESS EXPRESS COMMUNITIES, WHETHER CAUSED BY SUBSCRIBERS OF THE HOT MESS EXPRESS COMMUNITIES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE HOT MESS EXPRESS COMMUNITIES, AND SUCH SUBSCRIBER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF INSIDE THE BOWL PRODUCTIONS, LLC. PROFILES AND THIRD-PARTY APPLICATIONS CREATED AND POSTED BY SUBSCRIBERS ON THE HOT MESS EXPRESS COMMUNITIES MAY CONTAIN LINKS TO OTHER WEBSITES. INSIDE THE BOWL PRODUCTIONS, LLC IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY INSIDE THE BOWL PRODUCTIONS, LLC. INCLUSION OF ANY LINKED WEBSITE ON THE HOT MESS EXPRESS COMMUNITIES DOES NOT NECESSARILY IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY INSIDE THE BOWL PRODUCTIONS, LLC. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. INSIDE THE BOWL PRODUCTIONS, LLC TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH THE HOT MESS EXPRESS COMMUNITIES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. CONTENT POSTED TO THE HOT MESS EXPRESS COMMUNITIES WHICH IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH INSIDE THE BOWL PRODUCTIONS, LLC IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. THE SUBSCRIBER AGREES THAT INSIDE THE BOWL PRODUCTIONS, LLD DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR, SUCH THIRD-PARTY CONTENT. THE CONTENT ON HOT MESS EXPRESS COMMUNITIES IS PROVIDED “AS IS” AND CARRIES NO WARRANTIES. INSIDE THE BOWL PRODUCTIONS, LLC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON HOT MESS EXPRESS COMMUNITIES, REGARDLESS OF WHO ORIGINATES THAT CONTENT. INSIDE THE BOWL PRODUCTIONS, LLC DOES NOT WARRANT THAT THE HOT MESS EXPRESS COMMUNITIES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. INSIDE THE BOWL PRODUCTIONS, LLC IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE HOT MESS EXPRESS COMMUNITIES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. INSIDE THE BOWL PRODUCTIONS, LLC IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY PERSONAL INFORMATION THAT A SUBSCRIBER SHARES ON THE HOT MESS EXPRESS COMMUNITIES OR FOR ANY OFF-LINE AND REAL LIFE MEETINGS OR CONNECTIONS IN WHICH SUBSCRIBERS PARTICIPATE. INSIDE THE BOWL PRODUCTIONS, LLC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HOT MESS EXPRESS COMMUNITIES. INSIDE THE BOWL PRODUCTIONS, LLC ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY SUBSCRIBER COMMUNICATION. INSIDE THE BOWL PRODUCTIONS, LLC IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE OR THE FAILURE OF ANY E-MAIL OR PLAYERS BECAUSE OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE HOT MESS EXPRESS COMMUNITIES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO SUBSCRIBERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE HOT MESS EXPRESS COMMUNITIES. UNDER NO CIRCUMSTANCES SHALL INSIDE THE BOWL PRODUCTIONS, LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE HOT MESS EXPRESS COMMUNITIES, FROM ANY SUBSCRIBER CONTENT POSTED ON OR THROUGH THE HOT MESS EXPRESS COMMUNITIES, OR FROM THE CONDUCT OF ANY SUBSCRIBERS OF THE HOT MESS EXPRESS COMMUNITIES, WHETHER ONLINE OR OFFLINE. THE HOT MESS EXPRESS COMMUNITIES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND INSIDE THE BOWL PRODUCTIONS, LLC EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INSIDE THE BOWL PRODUCTIONS, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE HOT MESS EXPRESS COMMUNITIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSIDE THE BOWL PRODUCTIONS, LLC AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INSIDE THE BOWL PRODUCTIONS, LLC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN INSIDE THE BOWL PRODUCTIONS, LLC AND THE SUBSCRIBER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INSIDE THE BOWL PRODUCTIONS, LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE HOT MESS EXPRESS COMMUNITIES DURING THE TERM OF SUBSCRIPTION MEMBERSHIP.

14. Indemnity.

You agree to indemnify and hold Inside the Bowl Productions, LLC, its subsidiaries, affiliates, sponsors, partners, and their respective officers, agents, employees, representatives, contractors, successors, and assigns harmless from any loss, liability, claim, or demand, including reasonable court costs and attorneys’ fees, made by any third party because of, related to, or arising out of your use of the Hot Mess Express Communities in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or violation of any rights of another by the you and/or if any content that you post, submit, transmit, or make available on or through the Hot Mess Express Communities causes Inside the Bowl Productions, LLC to be liable to another.

15. Dispute Resolution.

You and Inside the Bowl Productions, LLC agree to arbitrate all disputes between you and Inside the Bowl Productions, LLC or its subsidiaries and affiliates, except disputes relating to the enforcement of Inside the Bowl Productions, LLC or its subsidiaries’ or affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Hot Mess Express Communities or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Inside the Bowl Productions, LLC empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms or formation of this Agreement, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable. Disputes shall be settled by binding arbitration before a neutral arbitrator located in Fort Myers, Florida whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida, without regard to its conflict of law provisions. You and Inside the Bowl Productions, LLC agree that any dispute that is not subject to binding arbitration herein will submit to the exclusive jurisdiction and venue of the appropriate state or federal court located in the City of Fort Myers, Florida, to resolve any dispute arising out of this Agreement, the Terms, or the Hot Mess Express Communities. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Inside the Bowl Productions, LLC will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

16. Miscellaneous.

These Terms are a complete statement of the agreement between you and Inside the Bowl Productions, LLC, and set forth the entire liability of Inside the Bowl Productions, LLC and your exclusive remedy with respect to your access and use of the Hot Mess Express Communities. In the event of a conflict between the provisions of these Terms and the provisions of the Inside the Bowl Productions, LLC Privacy Policy, the provisions of these Terms shall prevail. The agents and employees of Inside the Bowl Productions, LLC (including Moderators) are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Inside the Bowl Productions, LLC. Any waiver of the Terms by Inside the Bowl Productions, LLC must be in a writing signed by an authorized officer of Inside the Bowl Productions, LLC and expressly reference the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, then it is to be, to that extent, deemed omitted, and the remaining provisions will continue in full force. The Terms do not limit any rights that Inside the Bowl Productions, LLC may have under trade secret, trademark, copyright, patent, or other laws. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.