Hookle Terms of Service

 

Last updated September 17, 2019

 

Welcome to Hookle. These Terms of Service are a legally binding contract between you and Hookle Inc. (“Hookle,” “we,” or “us”) regarding your use of our service or any related websites, networks, applications, mobile applications, products, or other services provided by us (collectively, the “Service”).

 

By clicking “I accept” or by downloading, installing, accessing, or using the Service in any manner, you are accepting and agreeing to be bound by these Terms of Service, including Hookle’s Privacy Policy. If you do not unconditionally accept these terms, then you do not have our permission or the right to use or access the service.

 

Please read Hookle’s Privacy Policy for information about how we collect, use, disclose, transfer, and store your personal information.

 

We reserve the right to change any or all of these Terms of Service, in our sole discretion. If we do so, we will post the modified Terms of Service on www.hookle.net. We will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Service after any such changes have been made shall constitute your consent to such changes.

 

Arbitration Notice

Except for disputes to address intellectual property infringement claims, you agree that disputes arising under these Terms of Service will be resolved by binding, individual arbitration. Except for intellectual property infringement claims, by accepting these Terms of Service, you and Hookle are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.  You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court.

 

1 Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.

 

2 Accounts

To use some parts of the Service, you may be required to register for a Hookle account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your accounts and passwords, and you accept responsibility for all activities that occur under your accounts.

 

3 Fees and Payment

Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable.

 

3.1 Price

Hookle reserves the right to determine pricing for the Service. Hookle will make reasonable efforts to keep pricing information published on the website up to date. Hookle may change the fees for any feature of the Service, including additional fees or charges, if Hookle gives you advance notice of changes before they apply. Hookle, at its sole discretion, may make promotional offers with different features and different pricing to different customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

 

3.2 Authorization

You authorize Hookle to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Hookle, to the payment method specified in your account. If you pay any fees with a credit card, Hookle may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

 

3.3 Subscription Service and Cancellation Policy

The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Hookle to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. Your account will be charged automatically on the subscription billing date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method specified in your account. You may cancel the Subscription Service through your account settings or by contacting us at support(at)hookle.net.

 

3.4 Delinquent Accounts

Hookle may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees.

 

4 License

Subject to your complete and ongoing compliance with these Terms, Hookle grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the term at the level of service for which you have paid all applicable fees. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third-party, or in a service bureau or similar capacity.

 

5 Feedback

If you choose to provide input and suggestions regarding the Service (“Feedback”), then you grant Hookle an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and to create other products and services.

 

6 Ownership Rights

The Service is owned and operated by Hookle. The visual interfaces, graphics, design, compilation, information, data, computer code (including but not limited to source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by Hookle are protected by intellectual property and other laws. All Materials included in the Service are the property of Hookle or its third-party licensors. Except as expressly authorized by Hookle, you may not make use of the Materials. Hookle reserves all rights to the Materials not granted expressly in these Terms.

 

7 Third-Party Terms

Hookle provides tools through the Service that enable you to import and export information, including User Content, to and from third-party services, such as Twitter or Facebook. By using one of these tools, you agree that Hookle may transfer that information to and from the applicable third-party service. Third-party services are not under Hookle’s control, and Hookle is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Hookle’s control, and Hookle is not responsible for their content.

 

8 User Content Terms

 

8.1 User Content

Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Hookle disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service.

 

8.2 Limited License Grant to Hookle

By providing User Content to or via the Service, you grant Hookle a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

 

8.3 Limited License Grant to Other Users

By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

 

8.4 User Content Disclaimer and Monitoring

Hookle does not control and does not have any obligation to monitor, edit, or control: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Hookle with respect to User Content. Hookle reserves the right, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You acknowledge and agree that Hookle may monitor any and all information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

 

9 Prohibited Conduct

By using the service, you agree a) not to use the Service for any illegal purpose or in violation of any local, state, national, or international law; b) not to interfere with the operation of the Service or any user’s enjoyment of the Service; c) not to take action that imposes an unreasonable or disproportionately large load or other disturbances on the infrastructure of the Service of Hookle’s systems or networks, or any systems or networks connected to the Service or Hookle.

 

10 Term and Termination

 

10.1 Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 10.2.

 

10.2 Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Hookle may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by using the "Delete profile" function in the App or informing the Hookle customer service. Upon termination of these Terms, your license rights will terminate and you must immediately cease all use of the Service, and you will no longer be authorized to access your account or the Service.

 

11 Modification of the Service

Hookle reserves the right to modify or discontinue the Service at any time, temporarily or permanently, without notice to you. Hookle will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

 

12 Indemnity

You are responsible for your use of the Service, and you will defend and indemnify Hookle and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Hookle Entities”) from and against every claim brought by a third-party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

 

13 Warranty Disclaimer

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HOOKLE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HOOKLE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND HOOKLE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR HOOKLE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HOOKLE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

 

HOWEVER, HOOKLE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT HOOKLE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
 

14 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HOOKLE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HOOKLE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HOOKLE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO HOOKLE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.