HotHop inc. Terms of Use

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.

CHANGES TO THE TERMS OF SERVICE

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.

USING ROO

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.

User Accounts
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.

CONTENT

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
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.

RESTRICTIONS

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.

  1. You agree not to, and will not assist, encourage, or enable others to use Roo to:
    1. Write a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
    2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
    4. Promote a business or other commercial venture or event, or otherwise use Roo for commercial purposes.
    5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate Roo’s search results or any third party website;
    6. Solicit personal information from minors, or submit or transmit pornography; or
    7. Violate any applicable law.
  2. You also agree not to, and will not assist, encourage, or enable others to:
    1. Violate the Terms;
    2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Roo or Roo Content (other than Your Content), except as expressly authorized by HotHop;
    3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Roo or any Roo Content (except as expressly authorized by HotHop);
    4. Reverse engineer any portion of Roo;
    5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of Roo or on any materials printed or copied from Roo;
    6. Record, process, or mine information about other users;
    7. Access, retrieve or index any portion of Roo for purposes of constructing or populating a searchable database of business reviews;
    8. Reformat or frame any portion of Roo;
    9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on HotHop’s technology infrastructure or otherwise make excessive traffic demands on Roo;
    10. Attempt to gain unauthorized access to Roo, user accounts, computer systems or networks connected to Roo through hacking, password mining or any other means;
    11. Use Roo or Roo content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
    12. Use any device, software or routine that interferes with the proper working of Roo, or otherwise attempt to interfere with the proper working of Roo;
    13. Use Roo to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, Roo or Roo Content; or
    14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of Roo, features that prevent or restrict the use or copying of Roo Content, or features that enforce limitations on the use of Roo.

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.

Third Party Sites and Services

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.

Termination:

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

Indemnity

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.

Warranty Disclaimer

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.

Limitation of Liability

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.

GENERAL TERMS

  1. We may modify, update, or discontinue Roo at our sole discretion, at any time, for any or no reason, without notice.
  2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through Roo.
  3. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  4. The Terms contain the entire agreement between you and us regarding the use of Roo, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
  5. Any failure on HotHop’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
  6. If any provision of the Terms is found to be unenforceable or invalid, the remainder of the Terms shall remain in full force and effect and enforceable.
  7. You may not assign, transfer or sublicense your rights and obligations pursuant to the Terms.
  8. The section titles in the Terms are for convenience only and have no legal or contractual effect.