These Terms constitute a legal agreement between you and HooTopics. By accessing HooTopics's website, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing HooTopics. The materials contained in HooTopics are protected by applicable copyright and trade mark law.
Your eligibility to use HooTopics, is depended on the following criteria:
- You are at least 13 years of age.
- You have not been previously suspended by us or removed from HooTopics.
- You have the full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
Furthermore, If you are at least 13 years of age, but under the age of 18, you should review these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand and agree to the Terms.
HooTopics is not intended for children under the age of 13 and we do not knowingly collect information from children under the age of 13. If we become aware that an individual is under the age of 13 and has submitted any information to us for any purpose, we will delete his/her information from our files. In addition, if a parent or legal guardian becomes aware that a child has submitted personal information, that parent or legal guardian should immediately tell us that they would like this information deleted from our records by contacting us at the following email address: email@example.com.
3. Use License
We grant you permission to use HooTopics subject to the restrictions in these Terms. By accessing HooTopics, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. However, HooTopics does not endorse or condone such content and will remove said content when it has become known to us. Your use of HooTopics is at your own risk.
Your permission to use HooTopics is temporary and we reserve the right to set limits to your usage at our discretion. Permission is granted to download one copy of the materials (information or software) on HooTopics's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software or webpage owned by HooTopics;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by HooTopics at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Restrictions of Use
You agree that you will not, and will not assist or enable others to:
- use HooTopics to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of HooTopics;
- use HooTopics to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use HooTopics for promotional or commercial purposes, except as expressly allowed in writing by us;
- use HooTopics in a manner that may create a conflict of interest, such as trading ratings with other users to get your content to show up higher on a list.
- use HooTopics for keyword spamming or to otherwise attempt to manipulate natural search results;
- use HooTopics to promote bigotry or discrimination against protected classes;
- use HooTopics to violate any third-party right, 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;
- use HooTopics to submit or transmit any form of pornography or illegal content;
- use HooTopics to solicit personal information from minors or to harm or threaten to cause harm to minors (or persons of any age);
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit HooTopics;
- record, process, or mine information about other users;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index HooTopics, unless authorized by us;
- access, retrieve or index HooTopics for purposes of constructing or populating a searchable database of users or content, unless authorized by us;
- reformat or frame any portion of HooTopics;
- take any action that imposes, or may impose in, an unreasonable or disproportionately large load on our technology infrastructure;
- attempt to gain unauthorized access to HooTopics, user accounts, computer systems or networks connected to HooTopics through hacking, password mining or any other means;
- use HooTopics to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use any device, software or routine that interferes with the proper working of HooTopics, or otherwise attempt to interfere with the proper working of HooTopics;
- make excessive traffic demands;
- use HooTopics 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, HooTopics;
- remove, circumvent, disable, damage or otherwise interfere with any security-related features of HooTopics, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of HooTopics;
- remove or modify any copyright, trademark or other proprietary rights notice on HooTopics or on any materials printed or copied off of HooTopics;
- reverse engineer any portion of HooTopics;
- use HooTopics in violation of these Terms or any applicable law;
5. Software License and Restrictions
HooTopics may have software that you can download from this or another website. We grant you a personal, limited, non-transferable, non-sublicenseable, non-exclusive copyright license, solely for your own personal, non-commercial purposes, to install the Software on one computer or mobile device. These are your only rights with regard to the Software. You may not or assist or enable others to decode, reverse-translate, modify, reverse-engineer, decompile, disassemble, or otherwise reduce the Software into source code form. All communications between us and the Software and the content stored on our computer servers and in the Software includes our confidential information and you may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as such functions are performed by the Software in the ordinary course of operation. You do not have the right to create derivative works of the Software. Nothing in these Terms shall be deemed to grant any right or license to You (by implication or otherwise), except as expressly provided herein and no other license, authority to infringe, or immunity from infringement liability shall be deemed to arise or exist as a matter of law or otherwise. The foregoing limitations shall in no way be deemed a derogation of the express rights granted under these Terms.
6. User Accounts
You may need to create an account and provide information about yourself in order to access and use HooTopics. If you do need to create an account, you are responsible for maintaining the confidentiality of your account password. Your password will be encrypted before it is stored in our database. HooTopics or anyone claiming to represent HooTopics does not have access to your password, does not know what your password is, and will never ask you for your 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. You will use your account for your personal, non-commercial use only. In creating an account, you may not impersonate someone else, create an account for anyone other than yourself, or provide an email address other than your own.
7. Responsibility for Your Content
You alone are responsible for your content. You assume all risks associated with your content, including anyone's reliance on its accuracy, completeness or usefulness, 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 us.
You may expose yourself to liability if your content 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 false, intentionally misleading, or defamatory; 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.
8. Our Use of Your Content
When you upload your content to HooTopics, you give us the right to display your content to other users of HooTopics. You can revoke this right at any time by removing your content from HooTopics. HooTopics will not sell your content, either alone or grouped with other user's content, without your permission.
HooTopics has no obligation to retain your content and may remove it at any time at our sole discretion.
The materials in HooTopics's website are provided "as is". HooTopics makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchant ability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, HooTopics does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Sherley Solutions or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials in HooTopics's website, even if HooTopics or a HooTopics authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
12. Revisions and Errata
The materials appearing in HooTopics's website could include technical, typographical, or photographic errors. HooTopics does not warrant that any of the materials on its web site are accurate, complete, or current. HooTopics may make changes to the materials contained on its web site at any time without notice. HooTopics does not, however, make any commitment to update the materials.
HooTopics may include links to other websites. The inclusion of any link does not imply endorsement by HooTopics for the site. Furthermore, HooTopics has not reviewed all of the sites that are linked to HooTopics or that appear in an ad on HooTopics's website or in an application and is not responsible for the contents of any such linked site. Use of any such linked web site is at the user's own risk.
14. Third Party Software, Services and/or Products
Included as part of HooTopics and/or the Software provided to you, there may be other software that is licensed and available to you which is subject to third party license agreements. To the extent that these Terms may conflict with licenses or agreements governing your rights to that software, the agreement or license applicable to such third party software is covered by the terms of its applicable license or agreement.
We may make available third party products and services for purchase through HooTopics. Descriptions and images of, and references to, third party products or services available in connection with HooTopics do not imply our endorsement of such third party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on HooTopics are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on HooTopics at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from HooTopics's website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service, to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions, to bar you from making purchase(s), and/or to refuse to provide you with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through HooTopics, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases. The risk of loss and title to products purchased on HooTopics pass to the purchaser upon delivery to the carrier.
15. Site Availability
We reserve the right to modify, update, or discontinue HooTopics at our sole discretion, at any time, for any or no reason, and without notice or liability.
16. Unauthorized Access
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of HooTopics, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
We may terminate or suspend your account or ability to use HooTopics, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use HooTopics if you misuse HooTopics. Any such termination or suspension could prevent you from accessing your account, HooTopics, Your Content, Site Content, or any other related information.
You may terminate these Terms at any time by closing your account, discontinuing your use of any and all parts of HooTopics and if have installed our Software, by uninstalling it. If you close your account, we may continue to display Your Content where it implicates other users.
18. Revised Terms
HooTopics may modify or revise these Terms at any time without notice. It is recommended that you revisit these Terms on a regular basis. By using this website or logging into HooTopics, you are agreeing to be bound by the current version of these Terms.
19. Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals, you agree that your feedback does not contain the confidential or proprietary information of third parties, we are under no obligation of confidentiality, express or implied, with respect to the feedback, we may have something similar to the feedback already under consideration or in development, and you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use, modify, publish, distribute, create derivative works of and sub-license the Feedback in our sole discretion.
20. Notices of Copyright Infringement
Notifications of claimed copyright infringement should be sent to firstname.lastname@example.org.
To be effective, the Notification must include the following:
- A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
- 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 is 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 us to locate the material on HooTopics;
- Information reasonably sufficient to permit us to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
- A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and if submitted by the owner's authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Within a commercially reasonable time, after receipt of the written notification containing the information as outlined above, we will attempt to investigate the matter and if in our sole discretion, it is deemed meritorious, remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the allegedly infringing material.
You agree to indemnify and hold us, our parents, subsidiaries, affiliates, any related companies, suppliers, licencors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of your access to or use of HooTopics, your violation of these Terms, claims for libel, slander or any property damage, personal injury or death, the use, failure to use, or inability to use HooTopics or applications or any products or services available through HooTopics, caused directly or indirectly by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve 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 matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
23. Patent Policy Statement
24. Governing Law
Any claim relating to HooTopics's web site shall be governed by the laws of the State of Ohio and/or The United States without regard to its conflict of law provisions.