Hootfy_logo

LEGAL

Hootfy, Inc., logos, phrases, images, copy and program source are exclusively owned and copyrighted by Hootfy, Inc. © 2014 Hootfy, Inc.

TERMS OF SERVICE

Previously Updated on February 21, 2015 The Terms of Service is effective immediately for all users registering accounts after that date. For pre-existing users, effective on March 18, 2014.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OFFERED BY HOOTFY. THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTPS://WWW.HOOTFY.COM (“SITE”) AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY HOOTFY (COLLECTIVELY WITH THE SITE, THE “SERVICE(S)”).

The “Terms” consist of these Conditions of Use, the Hootfy Privacy Policy and any supplemental terms, legal notices and other communications (“Terms”) provided to you. These Terms govern your access to and use of Hootfy’s websites and mobile applications that link to or reference these Terms. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding agreement with Hootfy in electronic form between you (“user”, “hootspert”, “member”, “you”, “your” and/or “yourself”) and Hootfy and its successors, subsidiaries, affiliates and family of brands (“Hootfy”, “we”, “us” and/or “our”). If you are unwilling, or unable to agree and be bound by the Terms, IMMEDIATELY STOP accessing or using any of the sites and/or services. By using the sites and/or services, you have accepted the terms.

Our Services are diverse, so sometimes additional or supplemental terms may apply. Both additional and supplemental terms will be available with the relevant Services, and those terms become part of your agreement with us if you use those Services.

ACCEPTANCE OF TERMS

Hootfy, Inc. (hereinafter referred to as “Hootfy”, “we”, “us”, or “our”) provides an online platform for users to post job and/or service needs to get matched with locally registered hootsperts who provide the services the user is seeking. By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein (“Terms of Use”), which also incorporates Hootfy’s Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Hootfy, each of which is incorporated by reference and each of which may be updated by Hootfy periodically without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, businesses or third party that access the Service, and users that have a page on the Service.

Please note that these Terms include a class action waiver, a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you

Changes to Terms. Any changes to the Terms will be effective immediately upon posting. Please be sure to review the Terms each time you use the Service(s) as your continued use of the Service(s) after such change will constitute your acceptance of, and agreement to, such changes. You further waive any right you may have to receive specific notice of such changes

Consent. You affirm that you are at least 18 years of age and are fully able and competent to enter info, and comply with, these Terms. If you are accessing and using he Service(s) on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.

Privacy Policy. Our Privacy Policy, which describes how we collect and use information from our users, is available at the link titled “Privacy Policy” on our homepage and other locations within the Service(s).

COMMUNICATION

The communications between you and Hootfy are electronic. By using or accessing the Site and/or Services, you hereby give full consent to receive communications from Hootfy in an electronic form. You agree that all Terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfies any legal requirement that such communications would satisfy if they were in writing.

NO DISCRIMINATION

Service Employment. Federal, state and local laws prohibit employment postings subject to any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Hootfy will NOT knowingly accept Posts for employment, which is in violation of the law. Under these terms, Hootfy maintains the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posts that discriminate or in any way violates federal, state or local laws.

USER/MEMBER LICENSE

Hootfy grants you permission (which may be revoked at any time for any reason or no reason) to view the Site and to download, email, share via social networking or print individual pages from the Site in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Site. Hootfy reserves the rights against a person, user, business or entity that violates the disclosure stated before. User conduct is very important. Hootfy requires that you comply with all applicable local, state and federal laws and regulations when regarding online conduct, of age 18 or older and not under 13 years old, use of site for all legal purposes, cease to commit acts of infringement and not disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites including third party sites.

YOU AGREE THAT THE CONSEQUENCES OF COMMERCIAL USE OR RE-PUBLICATION OF CONTENT OR INFORMATION FROM THE SITE MAY BE SERIOUS AND INCALCULABLE THAT MONETARY COMPENSATION MAY NOT BE SUFFICIENT OR APPROPRIATE REMEDY AND THAT HOOTFY WILL BE ENTITLED TO TEMPORARY AND PERMANENT INJUCTIVE RELIEF TO PROHIBIT SUCH USE.

CONTENT

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Hootfy cannot guarantee the authenticity of any Content or data, which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Service, the term “Content” includes, without limitation, any location information, videos, pictures, audio clips, comments, reviews, information, data, text, software, scripts, graphics, and interactive features generate, provided, or otherwise made accessible by Hootfy on or through the Site and/or Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, “User Submissions.”

USER SUBMISSION

The Site and Services may offer you the opportunity to post reviews, comments, give ratings, photos, questions and other Content (“User Submissions”). You agree not to post any Content on the Site and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to others and third parties. You also agree not to post any Content that contains software viruses, mass mailings, political campaigns, commercial solicitation, or any form of “spam.” You agree to not use false information, false email, impersonate any other person or entity or otherwise mislead as to the origin of the Content. If you do post Content or submit material, and unless we indicate otherwise, you grant Hootfy a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Content throughout the world in any media. We may use your User Submissions in a number of different ways in connection with the Site, Service and Hootfy’s business as Hootfy may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications. For clarity, the foregoing license grant to Hootfy does not affect your other ownership or license rights in our User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Hootfy.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

If you choose to delete your User Submission(s), they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

RATINGS, REVIEWS, AND RECOMMENDATIONS

The Site may allow you to rate, post reviews and recommendations on services provided by services providers and other business (“Recommendations”). Such Ratings, Reviews and Recommendations are considered User Submission and are governed by the Terms of Service set for in this Agreement, including, without limitation, your agreement regarding your use of the Site and Services. Ratings, Reviews and Recommendations do not reflect the views of the Site, Service, or Hootfy. We hold all Users to the highest standard of conduct and expect all Users to comply with terms set forth in this Agreement. All Ratings, Reviews and Recommendations must be LEGITIMATE and are from registered users who have had services provided from that Hootspert or if you have first-hand knowledge of the services provided by such hootspert. You may not post or submit a review of a Hootspert if you are (i) an employee, contractor, partner or otherwise affiliated with, such Hootspert, (ii) an employee, contractor, partner or otherwise affiliated with, a competitor of such Hootspert, or (iii) related to such Hootspert, including by blood, adoption or marriage. Your Ratings, Reviews and Recommendations may be available and viewable by the public, and/or other Users using the Site and/or Service. Any Ratings, Reviews and/or Recommendation that we determine, in our sole discretion, to be disingenuous in any form, and/or could compromise the integrity of the Ratings, Reviews and Recommendations set forth in this Agreement, the Content, Services and/or Site, may be removed without notice.

THIRD-PARTY LINKS

The Site and Service may permit you to include links to other websites, services, resources on the Internet, applications, and other websites, services or resources may contain links to the Site (each, a “Third Party Site”). We do not control or endorse any Third Party Site. By using the Site, you agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Hootfy is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Hootfy or any association with its operators.

THIRD-PARTY CONTENT

Hootfy makes no representation or warranty as to the accuracy or fitness for use of any product offerings or savings, including, but not limited to, coupons, rebates, discounts, etc. provided by third-party vendors upon Post(s) from Users via the Service(s) or that any third party vendor will honor or acknowledge any such offers, coupons, rebates, discounts, etc. provided. Hootfy is not responsible for the change of information at third party sites or stores including but not limited to rebate information, pricing, availability or fitness for use. You understand that Hootfy does not and cannot review all material made available via the Service(s) will be uninterrupted or error free, that defects will be corrected, or that the Service(s) or the server that makes them available. IN NO EVENT SHALL HOOTFY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER HOOTFY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

REGISTRATION

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Services, you may be required to register with Hootfy and represent, warrant and covenant that you provide Hootfy with accurate and complete registration information, including but not limited to, user ID, email, and password used to access the Services and to upkeep your registration information to insure accurate and up-to-date information. Failure to comply shall constitute a breach of these Terms, which may result in the immediate termination of your Hootfy account.

By using the Site and Services, you agree NOT to and will NOT assist, encourage, or enable others to use the Site to:

  • Create an account that holds information not relevant to you or in the name of another person and with out such person’s permission with the intent to impersonate that person;

  • Create an account with offensive, vulgar or obscene and otherwise unlawful information;

  • Falsify another persons account in any manner;

  • Release the private and personal information of another person with their prior consent and under lawful guide;

  • Use Sites for illegal purposes;

  • Commit any acts of infringement on the Site or with respect to content on the Site;

  • Attempt to gain unauthorized access to other computer systems from or through the Site;

  • Upload or transmit viruses or other harmful, disruptive or destructive files;

  • Disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites;

  • Re-produce or re-publication of content or information from the Site.

  • Violate the Terms;

  • Solicit personal information, or submit or transmit pornography;

  • Reverse engineer any portion or content of the Site;

  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;

  • Record, process, or mine any information about other users;

  • Threaten, stalk, harm or harass others, or promote bigotry or discrimination of any kind;

  • Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;

Hootfy reserves the rights to refuse registration of, or cancel an account in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Hootfy account. If you should notice any unauthorized use of your account or any form of account breach that you are aware of, you must, in writing, notify Hootfy.

HOOTSPERTS

In addition to all of the other provisions of these Terms, the following are additional provisions that apply specifically and solely to Hootsperts

Licenses and Obligations. You agree to provide us with accurate, complete and up to date information and you agree to update such information to keep it accurate, complete and up to date. You agree to not disclose your password to anyone and you’ll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.

Hootspert Obligations. You agree to promptly complete your profile in connection with the Services you provide and to provide us with such additional, and all information, as we reasonably request of Hootsperts. In addition, you agree to provide accurate, complete and up to date information and update such information and keep it accurate, complete and up to date at all times. At a place on our website determined by you, you agree to link to your Hootfy profile with the follow text “Give us a Hoot”, in addition to or alternatively, you may use a badge icon or badge provided by Hootfy that links to your profile page.

Hootspert Prohibitions. Hootfy may connect you with personal information relating to individuals that are seeking services you offer. You may not rent, sell or otherwise provide this information to other companies. You may not use, or attempt to use, this information in a manner that would violate these terms or for a purpose not explicitly intended by Hootfy. While using the Site and Services on the Site, you hereby agree and shall not:

  • to post content or items in any inappropriate category or areas on the Site;

  • to violate any laws, third-party rights, Account policies, or any provision of the Terms of Use;

  • fail to perform Services purchase from you, unless the Service requesting User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuse to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; Manipulate the price of any Service or interfere with other users’ Posts;

  • circumvent or manipulate our fee structure, billing process, or fees owed to Hootfy; post false, misleading, inaccurate, defamatory, or libelous content (including personal information about any Site user);

  • take any action that may undermined the Ratings, Reviews and Recommendations (such as displaying, importing or exporting Ratings, Reviews and Recommendations information off of the Site or using it for purposes unrelated to the Site);

  • use techniques to avoid or circumvent Hootfy fees and terms of use;

  • offer a catalog or link to a third-party Site from which Users or any Registered User or User of the Site may obtain the Service(s) directly;

  • post a single Service, but offer additional identical services in the Service description;

  • charge fees for traveling further than desired to provide the Service;

  • offer the opportunity through Hootfy to purchase the Service or any other service outside of Hootfy;

  • use their profile page or user name to promote services not offered on or through the Site and/or prohibited services;

  • solicit Users to mail cash, check or use other payment methods not specifically permitted by Hootfy as approved payment methods;

  • include links that do not conform to Hootfy policies with respect to third-party links;

  • use certain types of HTML and JavaScript in Post(s) or Profile page;

  • promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings;

  • use profanity in an Posts

  • acknowledge or credit a third-party hootspert for services or products directly connected with you Post including but not limited to:

    • promotional material

    • link to the third-party’s name and/or logo

    • a link to the third-party’s site with any information in addition to the Service provided via Hootfy

    • include third-party endorsements in Post

    • create a Post that does not offer a Service

USER ACCOUNT

You will need to register by creating an Account with Hootfy (either by registering directly with us or by allowing a Hootfy application (mobile application or consumer application) to connect through your Facebook or other third party social account (an “Account”), in order to obtain access to certain Services and features on the Sites. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. Upon registering, you will be required to create and obtain a unique User ID. Access to the Hootfy Sites and Services in not authorized by any other person or entity using your unique User ID and you are solely responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Hootfy may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf. Users of the site agree, in addition to agreeing to Registrations terms, to:

Provide Accurate Information. You agree to provide us with accurate, complete and up to date information and you agree to update such information to keep it accurate, complete and up to date. You agree you won’t disclose your password to anyone and you’ll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.

User Submission Responsibility. The Services may permit the submission of text, posts, photos, videos, information, comments, reviews, ratings, recommendations, notes, messages, ideas, concepts, techniques, or other communications submitted by you and other users (“User Submissions”). You shall be solely responsible for you own User Submissions and the consequences of submitting them.

License to User Submissions. By submitting User Submissions to Hootfy, you grant Hootfy a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, publicly perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in all media. We will not pay you or otherwise compensate you for any User Submissions you provide Hootfy.

Furthermore, while using the Site and Services on the Site, you hereby agree and shall not:

  • commit to purchasing or using a Service from a Hootspert without paying;

  • sign up for, negotiate price for, use, or otherwise solicit a Service with no intention of following through with you use of, or payment for the Service;

  • agree to purchase a Service when you do not meet the Hootspert’s terms as outlined in the Post, and/or agree to purchase a Service with the intention of disrupting a Post

  • misuse any options made available now or in the future by Hootfy in connection with the use or purchase of any Service

PASSWORD AND SECURITY

As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify Hootfy immediately if you become aware of any unauthorized use of your Account(s).

PRIVACY

Hootfy respects the privacy of our users. The Privacy Policy provide via the Site and Application, and which may be found at http://www.hootfy.com/privacy, is expressly incorporated herein by reference and made a part of these Terms.

TERMINATION

Hootfy may terminate your account and access to all or any part of the Site and/or Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with you account. If you wish to terminate your account, you may do so by following the instructions on the Site or by contacting the Hootfy team. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service, which by their nature should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

OTHER SERVICES

In addition to our great Service, we may from time to time offer some other products and services. We will set forth Terms specific to those products or services, and update the Terms.

OWNERSHIP OF SITE AND SERVICES

The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Site and/or Services (collectively, the "Content") are owned, controlled or licensed by Hootfy, its subsidiaries or affiliates.

COPYRIGHTS & TRADEMARKS

The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Hootfy owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Site and/or in the Services. Trademarks and service marks, including, without limitation, “Hootfy,” which appear on the Sites and/or in the Services are the service and trademarks of Hootfy or affiliated entities. Without Hootfy’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any Meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to Hootfy or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Hootfy, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.

PROPRIETARY RIGHTS

You acknowledge and agree that the Sites contain proprietary information and Content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Service without advance, written permission of Hootfy. All Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Site are reserved.

INDEMNIFICATION

You agree to indemnify and hold Hootfy, its parents, subsidiaries and affiliates, agents, officers, directors, owners, founders, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your use of the Site, with User Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Site, your violation of these Terms of Service, and any other acts or omissions relating to the Site. Hootfy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Hootfy in asserting any available defenses.

WARRANTIES AND DISCLAIMERS

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE HOOTFY ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSNG OR USING THE SITE. BY CONTINUING TO ACCESS OR USE THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU HEREBY ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

TO THE EXTENT REQUIRED BY LAW, HOOTFY HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVILABLE THROUGH THE SITE (WHETHER PROVIDED BY HOOTFY, OTHER AFFILIATES, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, OR THIRD PARTY CONTENT PROVIDER OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE), INCLUDING WITHOUT LIMITATION, SUBMISSIONS, PHOTOS, TEST, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

YOU RELEASE HOOTFY FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICE. YOU RELEASE US FROM ALL LIABILITY RELATING TO YOUR CONNECTIONS AND RELATIONSHIPS WITH OTHER USERS. THE SERVICE MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. HOOTFY MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND HOOTFY WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE AND/OR SERVICE.

WARRANTIES AND DISCLAIMERS

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, AND UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HOOTFY, HOOTFY AFFILIATES, SUBSIDAIARIES, AND RELEASED PARTIES BE LAIBLE TO YOU AND/OR ANY THIRD PARTY FOR LOST PROFITS, REVENUES, LOST DATA, ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT AND/OR PUNITIVE DAMAGES, LOST PROFITS, LOST OPPORTUNITIES, COSTS OF COVER, AND/OR ANY OTHER LOSS AND/OR INJURY THAT RESULTS FROM THE USE OF, AND/OR THE INABILITY TO USE, THE SITE, THE SERVICES, USER SUBMISSION AND/OR ANY OTHER CONTENT ON THE SITE (INCLUDING, WITHOUT LIMITATION, RELATING TO ANY PRODUCTS AND/OR SERVICES ACCESSED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE), EVEN IF THE RELEASES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OTHER LOSS AND/OR INJURY. HOOTFY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD-PARTY, SUCH AS THE BUSINESSES OR ADVERTISEMENTS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, HOOTFY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE AS MENTIONED.

YOU MAINTAIN THE SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE AND/OR SERVICES.

APPLICABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

COPYRIGHT POLICY

Hootfy reserves the right to terminate the right to use the Site by an End User who infringes the copyrights of another.

Hootfy respects the intellectual property of others, and we ask that all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site or another website through which our Services may be accessed in a way that constitutes copyright infringement, please provide Hootfy with notification containing the following information as required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the hootspert to locate the material.

  • Information reasonably sufficient to permit the hootspert to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  • The copyright owner, its agent, or the law does not authorize a statement that the complaining party has a good faith belief that use of the material in the manner complained of.

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DESIGNATED AGENT

Hootfy’s Designated Agent to receive notification of alleged infringement under the DMCA is:

Hootfy, Inc.

468 West 144th Street, Suite 9
New York, NY 10031

Attn: Legal Department

Email: legal@hootfy.com

Hootfy’s Designated Agent to receive notification of alleged infringement under the DMCA is:

GENERAL

Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Hootfy’s prior written consent, but may be assigned by Hootfy without restriction and without notice to you.

Export Control. Software and the transmission of applicable technical data, if any, in connection with the Service(s) may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Class Action Waiver. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action or as a named or un-named member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Service(s) signifies your explicit consent to this waiver.

Entire Agreement and Severability. These Terms constitute the entire agreement between you and Hootfy concerning the Service(s) and supersede all prior or contemporaneous communications of any kind between you and Hootfy with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hootfy’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Modification of Service(s). We reserve the right to modify, restrict access to, or discontinue the Service(s) (or any portion of the Service(s)), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service(s). Unless explicitly state otherwise, any new features that augment or enhance the current Service(s) shall be subject to these Terms.

Termination. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Service(s), in whole or in part, and to block or prevent future access to and use of the Service(s).

Third Party Beneficiaries. These Terms do not create any right of action on the part of any third party, except for the Hootfy Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.

Attorney Fees. If the Hootfy parties take legal action against you as a result of your violation of these Terms, the Hootfy Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Hootfy Parties.

MODIFICATION OF TERMS OF USE

We may modify the Terms from time to time. The most recently updated version of these Terms will be shown above. By using the Site and its Services, you understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. When we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date of the most recent revision. You should revisit these Terms on a regular basis, as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. By continuing to use or access the Site after the effective date of modifications to the Terms indicates your understanding and acceptance of the modifications.

Contact Us. If you should have any questions, please contact us by email at support@hootfy.com