Magnificus Software Inc. is proud to introduce our latest application (“the App”). Hoop Messenger (“Hoop Messenger”) will help revolutionize the way we interact and communicate with each other. Hoop Messenger (“Hoop Messenger”) is aimed at giving users (“Users”) a unique and fun way to message one another that is both innovative and personal.
These terms and conditions (“Terms of Service” or “Agreement”) govern your access and use of Hoop Messenger, the App, its service (“Service(s)”) and website.
Your installation and use of Hoop Messenger imply acceptance of these terms. If you do not accept the terms in this Agreement, refrain from using this App. As described below, your use of this software also operates as your consent to the transmission of certain standard computer information and to the automatic installation of updates on your computer and/or mobile device. Your access to Hoop Messenger’s software, App and service is expressly conditioned on your compliance with these Terms of Service.
If you are accessing and using these services on behalf of a company or other legal entity, such as your employer or other third-party, you represent and warrant that you have the authority to bind that company or legal entity to these Terms of Service.
Content means all information and data, including images, photos, videos, text, templates, audio, including sound recordings and other content in any media and format accompanying this Agreement and provided by the Licensor.
Licensee means you, the User, together with the business or other entity for which the Licensed Products are obtained.
Software means any Mobilized computer program (in object code) accompanying this Agreement.
Updates means, if applicable, any patch, update or new version of the Software delivered to the User pursuant to the Support Services.
Licensed Products means, collectively, the Software, Content, including Add-ons, Modifications and Updates, as well as all related Documentation.
User means any individual or entity, employee or contractor who is authorized by Licensee, in compliance with the terms of this Agreement, to use the Licensed Products. The Licensee agrees to be responsible for the acts and omissions of its Users.
2. License and Scope
Hoop Messenger offers private communication for Users who wish to communicate privately. Subject to all terms and conditions in this Agreement and any subsequent agreement that may be implemented from time to time, Hoop Messenger grants you a non-exclusive, non-transferable, non-sub licensable right and license to use the software product without modification.
This product is to be licensed for personal and non-commercial use of the User. None of the licenses extend to any other product – regardless of whether such product is included with the software. No license granted will be implied for any other use. For clarification purposes, this notice does not limit or inhibit the use of the software for normal, personal uses that do not include (i) redistribution of the software to third parties, or (ii) creation of content with the compliant technologies for distribution to third parties.
User-generated content is not publicly available. Users are permitted to send User-generated content to their contacts, share in channels, and distribute within application. Users sharing content outside of Hoop Messenger “app” are responsible for their actions. We are not responsible for “users” copying, sharing, disputing any type of user generated within the application or copied and shared outside of the application “Hoop Messenger”.
Mobilize will use commercially reasonable efforts to provide you with maintenance and support for the software and App in accordance with its standard practices.
Hoop Messenger will have no obligation to support any version other than the most current and immediate version of the software. The User agrees that Hoop Messenger may charge in accordance with its current policies for any support services resulting from (a) problems, errors or inquiries relating to any non-user-provided hardware, system, service/other content/software or (b) use of any unsupported version of the software. Support services and their implementation are subject to change with or without notice.
Hoop Messenger may provide you with software, a mobile device App and service updates from time to time. These updates may change the functionality or appearance of the said software, App or service. Hoop Messenger will provide, implement, configure, install, support and maintain all updates at its own cost. These updates will be available to its other Users that have also purchased the same level of support.
Hoop Messenger may or may not notify its Users about updates. Your use and download of the updates signify your consent.
5. Intellectual Property
Hoop Messenger retains all rights, titles, and interests in its software and service. All rights, titles, and interests in and to its software and service not expressly granted in this Agreement, is reserved by Hoop Messenger. We welcome any feedback; please note that we may use comments or suggestions without any obligation to you. You can reach us at firstname.lastname@example.org.
Hoop Messenger respects the intellectual property rights of others and expects the same from Users of the Service. You must comply with all applicable copyright laws in order to use Hoop Messenger. In case of alleged infringement and further clarification of stance on copyright issues, please read the Copyright Policy found on our website.
Hoop Messenger makes no warranties – express or implied – about its software, App or services. The software, App and services are provided “as is”. Hoop Messenger also disclaims any warranties of merchantability and fitness for a particular purpose and non-infringement as far as disclaiming these warranties are permissible by applicable law.
Unless applicable law gives you more rights despite this limitation, you may use the software and App only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not work around any technical limitation, reverse engineer, decompile or disassemble the software. You may also not publish the software for others to copy, rent, lease, or lend/transfer the software to a third party.
7. Limitations on Liability
As permissible by applicable law, Hoop Messenger, its affiliates, suppliers or distributors will in no event be liable for A) any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profit B) aggregate liability for all claims relating to the services more than the amount paid to Hoop Messenger for its software, App or service.
This limitation applies to anything related to the software, services, content (including code) on third party internet sites, or third party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It applies even if Hoop Messenger knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential, or other damages.
Hoop Messenger does not claim any ownership rights in the Content or information about users, third parties, affiliates, directors, officers, employees, partners, or agents that you post on or through our Service. By posting or publishing Content or information on Hoop Messenger, you hereby release Hoop Messenger from responsibilities and any claims for the actions and damages against an individual, groups or third parties caused by “you” the “user”. We are not responsible for user’s behavior and actions within the application. We are not responsible for the intention use. We are not responsible for the time of use. We are not responsible for the content or information shared by “you” the “user” on the “Hoop Messenger” platform.
8. Export Restrictions
The software is subject to Canadian and United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
9. Prohibited Conduct
You may not use Hoop Messenger services for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations, including local, state, provincial, federal, and copyright laws.
You may not engage in any objectionable behavior or post content that is unacceptable to us. Hoop Messenger reserves the right and has the ability to limit or block its Users for objectionable behavior and delete any content we find unacceptable.
You can report objectionable behavior and unacceptable content to Hoop Messenger by emailing us at email@example.com. We endeavor to act on such matters within72 hours.
10. User Conduct
You are solely responsible for your conduct and any Content that you post, submit or display on Hoop Messenger.
If we believe your conduct has violated Hoop Messenger’s Terms of Service, Privacy or Copyright Policy, we reserve the right to terminate your service and disable your Hoop Messenger account.
We reserve the right to modify or terminate Hoop Messenger’s service for any reason, without prior notice.
We reserve the right to refuse service to anyone for any reason at any time.
We will remove Content that we find, in our sole discretion, unlawful, obscene, offensive, threatening, libelous, defamatory or otherwise objectionable.
Upon termination any rights, warranties, or licenses granted to you under these Terms of Service will immediately cease.
If you violate the letter or spirit of these Terms of Service, abuse the Service, or create risk or possible legal exposure to Hoop Messenger, we can terminate or suspend your account at our sole discretion. You may be notified by email or text such an event occurs. You may cancel or disable your Hoop Messenger account at any time.
Some Services and products offered by Hoop Messenger may require a payment of fees. Users are responsible for all applicable fees associated with their account.
13.1. Entire Agreement
These Terms of Service constitute an entire agreement between you and Hoop Messenger with respect to the subject matter of these Terms of Service. This Agreement supersedes and replaces any other prior or contemporaneous agreement.
Each provision of this Agreement is severable. If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of this Agreement, or of that provision in any other jurisdiction.
Hoop Messenger represents and warrants that it has the authority to license the software and services that is the subject of this Agreement. Hoop Messenger will indemnify, defend and protect the User from and against any lawsuit, liabilities, loss, cost or expense arising from a third-party claim against the user if the software infringes upon any Canadian or U.S. Proprietary right of a third party; provided, however, that Hoop Messenger is notified in writing as soon as such claim is made upon the user. Hoop Messenger will have the right to control any defense. In no event shall the user settle any claim without prior written consent of Hoop Messenger.
Hoop Messenger’s liability toward the user will be limited to the total monetary value of this Agreement, except in case of gross negligence and/or willful misconduct on Hoop Messenger’s part or on part of its employees, subcontractors, successors or assigns.
13.4 Force Majeure
Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire, flood, severe weather, earthquake, vandalism, accidents, power failure, denial of service attacks or similar attacks or acts of God, acts of war or terrorism, riots, civil or public disturbances, strikes and any laws, orders, rules, regulations, acts restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
13.5 Dispute Resolution
If you have any concerns about or complaints against Hoop Messenger, we will welcome an opportunity to work it out. We would initially like to engage in arbitration or mediation before things progress in an adversarial process. Before filing a complaint against Hoop Messenger, you agree that you will attempt to resolve the dispute informally by contacting Hoop Messenger at firstname.lastname@example.org.
You also agree that the jurisdiction for arbitration will be British Columbia, Canada.
13.6 Applicable Law
a. Canada. If you acquired the software in Canada, British Columbia provincial law governs the interpretation of this Agreement and applies to claims for breach thereof, regardless of conflict of laws principles. The laws of the province where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside Canada. If you acquired the software in any other country, the laws of that country apply.
TThese Services are provided, maintained, and operated by Magnificus Software Inc. If you have any questions or concerns about these Terms of Service or any other Policy on our website, please email us at email@example.com