These terms and conditions (the "Terms") govern your access to and use of HotHop inc.’s (“HotHop” or “we”) mobile application (“Roo”). By accessing or using Roo, you are agreeing to these Terms. Do not access or use Roo if you are unwilling or unable to be bound by the Terms.
We may modify the Terms from time to time. Your access to or use of Roo is governed by the Terms effective at the time of your access to or use of Roo. If we make material changes to these Terms, we will notify you by email or by posting a notice on Roo prior to the effective date of the changes. Any such modification will be effective upon our posting of new Terms. Your continued access to or use of Roo after the effective date of modifications to the Terms indicates your acceptance of the modifications.
Permission to Use Roo
We grant you permission to use Roo subject to the restrictions in these Terms. Your use of Roo is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You understand that all information publicly posted or privately transmitted on Roo is the sole responsibility of the person from which such Content originated: that Roo will not be liable for any errors or omissions in any Content; and that Roo cannot guarantee the identity of any other users with whom you may interact with in the course of using Roo.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through Roo. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to Roo. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Roo.
Responsibility for Your Content
You alone are responsible for the content that you produce on Roo (“Your Content”). You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Roo.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Right to Use Your Content.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that this grant includes the right for us to grant these rights to other users of Roo and any Other Media these same rights to Your Content. Finally, you irrevocably waive, and cause to be waived, against HotHop and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
User Content (including any that may have been created by users employed or contracted by HotHop) does not necessarily reflect the opinion of HotHop. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Roo may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to Roo. When you access third party websites, you do so at your own risk. These other websites are not under HotHop’s control, and you acknowledge that HotHop is not responsible or liable for the content, functions, accuracy, legality, and appropriateness or any other aspect of such website or resources. The inclusion of any such link does not imply endorsement by HotHop or any association with its operators. You further acknowledge and agree that HotHop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Hot Hop may terminate your access to Roo at any time, with or without cause, with or without notice, effective immediately, which may result in the loss of all information associated with your membership
You agree to indemnify, defend, and hold Hot Hop its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Hot Hop Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to you or anyone using your account (i) accessing or using Roo, (ii) violating the Terms, (iii) purchasing or obtaining any products or services in connection with Roo, or (iv) infringing any intellectual property or other right of any person or entity. Hot Hop. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Hot Hop. Hot Hop will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
ROO IS MADE AVAILABLE TO YOU "AS IS", AND HOTHOP ENTITIES MAY OR MAY NOT MONITOR, CONTROL, OR APPROVE USER CONTENT. YOUR USE OF ROO IS AT YOUR OWN RISK. THE HOTHOP ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF ROO, ITS SAFETY OR SECURITY, OR CONTENT. THE HOTHOP ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON ROO, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE HOT HOP ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE HOT HOP 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. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH ROO IS AT YOUR OWN RISK.
HOTHOP SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOU ARISING FROM OR RELATED TO YOUR USE OF ROO, EVEN IF ATTRIBUTABLE TO HOTHOP’S NEGLIGENCE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF ANY CLAIM AGAINST HOTHOP, DISSATISFACTION WITH ROO OR RELATED SERVICES, OR ANY OTHER GRIEVANCE WITH HOTHOP SHALL BE YOUR RIGHT TO STOP ACCESSING AND USING ROO.
IN PARTICULAR, HOTHOP SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM (A) ROO'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH ROO OR (B) THE ACTIONS OR OMISSIONS OF THIRD PARTIES ARISING THROUGH YOUR USE OF HOTHOP, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON ROO.
HOTHOP SHALL NOT BE LIABLE TO YOU FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) REPUTATIONAL HARM, OR (E) LOSS OF INFORMATION OR DATA.