Terms of Use

Introduction

  1. By accessing or using the Hoopr website, the Hoopr service, or any applications (including mobile applications) made available by Hoopr (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms"). The Service is owned or controlled by Hoopr, LLC. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.
  2. These Terms of Use (“Terms”) and conditions govern your use of the Service; by using the Service, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Service.
  3. You must be at least 13 years of age to use the Service. By using the Service you warrant and represent that you are at least 13 years of age.
  4. The Service uses cookies. By using the Service and agreeing to these Terms, you consent to our hoopr's use of cookies in accordance with the terms of Hoopr's privacy policy.
  5. Hoopr may transfer, sub-contract or otherwise deal with Hoopr’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

License to use website

  1. Unless otherwise stated, Hoopr and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
  2. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
  3. You must not:
    • republish material from the Service (including republication on another website);
    • sell, rent or sub-license material from the website;
    • show any non-public material from the website in public;
    • reproduce, duplicate, copy or otherwise exploit material on the Service for a commercial purpose;
    • edit or otherwise modify any material on the website;
    • or redistribute material from the Service except for content specifically and expressly made available for redistribution.

Acceptable use

  1. You must not use the Service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  2. You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without Hoopr’s express written consent.
  4. You must not use the Service to transmit or send unsolicited commercial communications.
  5. You must not use the Service for any purposes related to marketing without Hoopr’s express written consent.

Restricted access

  1. Access to certain areas of the Service is restricted. Hoopr reserves the right to restrict access to additional areas of the Service, or indeed this entire website, at Hoopr’s discretion.
  2. If Hoopr provides you with, or that you have created yourself, a username and password to enable you to access restricted areas of the Service, you must ensure that the username and password are kept confidential.
  3. Hoopr may disable your user ID and password in Hoopr’s sole discretion without notice or explanation.

User content

  1. In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Service, for whatever purpose.
  2. You grant to Hoopr a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Hoopr the right to sub-license these rights, and the right to bring an action for infringement of these rights.
  3. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Hoopr or a third party (in each case under any applicable law).
  4. Hoopr reserves the right to edit or remove any material submitted to the Service, or stored on Hoopr’s servers, or hosted or published upon the Service.
  5. Notwithstanding Hoopr’s rights under these Terms in relation to user content, Hoopr does not undertake to monitor the submission of such content to, or the publication of such content on, the Service.

Limitations of liability

  1. Hoopr will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, the Service:
    • for any indirect, special or consequential loss; or
    • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  2. These limitations of liability apply even if Hoopr has been expressly advised of the potential loss.

Others

  1. You accept that, as a limited liability entity, Hoopr has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Hoopr’s officers or employees in respect of any losses you suffer in connection with the website.
  2. You hereby indemnify Hoopr and undertake to keep Hoopr indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Hoopr to a third party in settlement of a claim or dispute on the advice of Hoopr’s legal advisers) incurred or suffered by Hoopr arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these Terms.
  3. Without prejudice to Hoopr’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Hoopr may take such action as Hoopr deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
  4. We reserve the right to modify or terminate the Terms or your access to Hoopr, without notice, at any time, and without liability to you. You can deactivate your Hoopr account by logging into the Service. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username ), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
  5. These Terms constitute the entire agreement between you and Hoopr in relation to your use of the Service, and supersede all previous agreements in respect of your use of the Service.
  6. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
  7. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.