Please review the terms that govern your use of Hoopr services.
These Terms and Conditions of Use for the Website, Content, and Services (“Terms”) is a legally binding agreement between you and GSharp Media Private Limited having registered office at A-1203, Serenity Complex, Off Link Road, Oshiwara West Mumbai 400102 (“Company”, “we” or “us”) regarding your use of the Hoopr website at https://www.Hoopr.ai (the “Website”), your use of Hoopr content available via the Website (“Content”) and the services operated by the Company, including without limitation any apps, plugins, executables, or other software provided to you by the Company (collectively, the “Service(s)”).
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website. This license does not include
As a condition of use of the Website, you represent and warrant that you shall not use the Website for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur as a result of or while you access the Website. Any licenses granted by Company terminate if you do not comply with these Terms. You assume all responsibility and risk for the use of this Website and the Internet generally. This Website is provided by Company on an “AS IS” basis and Company makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website, to the fullest extent permissible by applicable law. Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.
Subject to the Company’s Privacy Policy (https://hoopr.ai/privacy-policy), any communication or material that you transmit to the Website or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all ownership rights to the User Content, you grant us (including our employees and affiliates), a non-exclusive, perpetual, royalty-free, and worldwide right (but not the obligation) to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used, and including the right to sublicense such rights in the User Content to third parties. You are solely responsible for any comments, content, or posts you leave on the Website. By posting information on the Website, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Website, you agree that you will not post comments, content, messages, links, code or other information that:
Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Website. Although Company does not pre-screen, police or monitor comments posted on the Website, Company and its agents reserve the right to remove any and all materials uploaded or submitted that Company feels does not comply with these Terms or any other rules for our Website, or that are otherwise harmful, objectionable, or inaccurate, in Company’s sole discretion. Company is not responsible for any failure or delay in removing such postings.
From time to time, the Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. Company assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
This Website may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Website or party by us, or any warranty of any kind, either express or implied. Company provides tools that enable you to link your account on the Website with an account on a third party service, such as YouTube. If you do so at your sole discretion, you may also be subject to the terms and conditions of the provider of that third party service provider. For example, by linking your account on Company with an account on YouTube, you are agreeing to be bound by and subject to YouTube’s Terms of Service which are available here: https://www.youtube.com/t/terms.
As part of the Services, Company may make available certain apps, plugins, executables, or other software, including documentation with respect to such apps, plugins, executables or other software (collectively, “Software”). Company grants only a non-exclusive, non-transferable, limited license to use a copy of any Software solely for your internal purposes in conjunction with accessing and using the Content and during the term of your respective Plan.
You will not:
create or enable the creation of derivative works, modifications, or adaptations of the Software, except for the use of and ownership by Company (and you agree to assign all rights in such creations to Company); engineer, reverse engineer or otherwise create any comparable software to the Software; distribute or disclose the Software to third parties other than as expressly permitted hereunder; rent, sublicense or otherwise allow any third party to use the Software; or use the Software for any purpose other than as set forth in these Terms.
Company retains all title to the Software and any copies or derivations (whether derivation is created by Company or you) thereof in any form. You have only a license to use the Software as set out in these Terms. This is not a contract of sale of the Software. All intellectual property rights in and to the Software are retained by Company. You agree not to remove, deface, or destroy any copyright, patent notice, trademark, service mark, other proprietary markings, or confidential legends placed on or within the Software. All rights not licensed hereunder are expressly reserved by Company.
You acknowledge that the Software and the attributes of the Software including, without limitation, the design, functionalities, performance characteristics and your evaluation of the Software, and any other non-public verbal or written information that may be supplied by Company to you or obtained through your access to the Software, are confidential and the proprietary property information of Company (“Confidential Information”). You will maintain the confidentiality of all Confidential Information in the same manner that you maintain your own confidential information (but with no less than a reasonable degree of care).
You will:
not disclose any Confidential Information to any third party without the prior written consent of Company; limit internal access to any Confidential Information only to your employees who have a need to access the Software or any Confidential Information; and not use any Confidential Information for any purpose other than using or accessing the Content.
The obligations set forth in this section will not apply to Confidential Information that you can document: is generally available to the public other than through a breach of these Terms; was independently developed by you without reference to Company’s Confidential Information; or was already lawfully in your possession at the time of receipt of the Confidential Information from Company.
Content includes any artistic compositions, sound recordings, published works, photos, video, graphics, music, sound effect, or other artistic material that can be viewed and/or licensed by users on our Website. All Content presented to you on this Website is, as between you and Company, the sole and exclusive property of Company (or its affiliates and licensors) and is protected by any and all intellectual property and/or other proprietary rights available within India. All such grant of rights in the Content shall be subject to and in accordance with these Terms and the End User License Terms. All Content provided by Company is licensed to you pursuant to and under these Terms. Except as explicitly set out in these Terms, you may not copy, reproduce, modify, republish, upload, post, transmit, resell, or distribute any Content in any form or by any means whatsoever without prior written permission from Company. Any unauthorized use of Content violates intellectual property interests and could result in criminal or civil penalties. Please note that any single user is limited to 50 (fifty) downloads of Content per day from the Website. You may not implicitly or explicitly imply any connection with, sponsorship or endorsement by Company or the original creator of the Content with you, your use of Content, or any product or service without our separate prior written permission. In some cases, we may require you to incorporate notices of copyright, trademark, or other proprietary rights that we or the original creator or rights holder in Content requires to be incorporated into any media that contains or uses the Content. The Parties agree that the Intellectual Property Rights in the Content and its Derivative Works shall remain vested with the Company (or its affiliates or authorized licensors) during the Term. Any statutory royalty’s payment for the Content to the respective copyright society shall be at your sole cost and responsibility, without any recourse to the Company toward any author or performer in accordance with applicable laws, without any recourse to the Company. Please note that we have the legal capacity, either as the owner of the Content or as an agent of the owner/ right holder of the Content, to sub-license i.e., grant to you the permission to use the Content in accordance with these Terms. The Content which you have downloaded from the Website and/or Service may include without limitation literary and musical works (such as lyrics and musical compositions), sound recordings, published works, photos, video, graphics, music, sound effect, or other artistic material. The Content presented to you on the Website and/or Service is, as between you and the Company, is the sole and exclusive property of the Company (or its affiliates and authorized licensors) and is protected by any and all intellectual property and/or other proprietary rights as per the laws of India.
We may make certain Content available and to download free of charge up to a maximum of 3 (three) pieces of Content each month during your Term of subscription on the Application for specified purposes, however all such free Content is licensed to you under these Terms (even if you are not charged a Fee for such Content). Music, sound effect and video Content may be licensed individually (by the music track, sound effect and video) under a transactional license, based upon the Fee charged and collected by Company. Your license to Content is contingent upon your payment of the appropriate transactional Fee for, and your compliance with the terms, conditions and limitations associated with, the use of the Content (as posted on our Website). Your transactional license to Content shall continue for the full term of the copyright in such Content and you may use, download, reproduce, distribute, perform and display the Content for the full term of the copyright in such Content in multiple Projects for personal use or on social media handles of the User (“Platform(s)”). Notwithstanding anything to the contrary contained under this Terms, You may not:
Company also offers licenses to music, sound effect and video Content through various types of subscription and team plans (the “Plans”), which Plans can be purchased based upon the type of Content and/or combined into bundles that include multiple types of Content. Please refer to the Plans available at https://hoopr.ai/pricing. Your license to Content is contingent upon your payment of the appropriate Fee for the specific type of Content or bundle of Content and if you sign up and pay a Fee for a specific Plan, you agree to the terms, conditions and limitations associated with the Plan you choose (as posted on our Website). After termination or expiration of your Plan, you may not create any new Projects or otherwise prepare any derivatives works using the Content and you may not use the Content as a standalone work (i.e. not incorporated into a Project). You agree that we may change the Plans and the features applicable to the Plans from time to time. The prices displayed on the Website are quoted in Indian Rupees, unless otherwise indicated. From time to time we may make certain music or sound effect Content available on the Website (“Live Stream Content”) for your use in connection with the streaming of your video content over the internet for a live audience (each, a “Live Streaming Event”). The Content for use in such Live Streaming Event is non-exclusive, non-sublicensable and non-transferable and limited to the right to download, reproduce, distribute, perform, and display the Live Stream Content solely as combined with your work of authorship and as part of a Live Stream Event for a lawful purpose (each, a “Live Stream Project”). You may reproduce, distribute, perform and display the Live Stream Project solely on the Platform(s) on a perpetual basis only as part of the Live Stream Project following the creation of a Live Stream Project but the license grant does not permit you to use any Content used for a Live Stream Project as a standalone work, or after the termination or expiration of your Plan, create any new Live Stream Projects or otherwise prepare any derivatives works from Content or the Live Stream Project that includes the Content. If you have not purchased a Plan or a transactional license for the applicable Content and elect to hold a Live Streaming Event, or distribute a recording of a Live Stream Event as permitted hereunder, through a third party platform provider, such as YouTube, Facebook Gaming, or Twitch, you acknowledge and agree that we are entitled to collect applicable advertising revenue in accordance with the terms and conditions made available by such third party platform provider.
All Content licenses granted to you are non-exclusive, limited, non-sublicensable, and non-transferable. You may download, reproduce, distribute, perform and display the Content solely as combined with your own works of authorship for any lawful purpose (the combination of Content and your own works of authorship is referred to as a “Project”) to be exploited solely on the Platform(s) (defined herein). The term of your license to Content incorporated within a Project is perpetual and allows you to reproduce, distribute, perform and display Projects for any lawful purpose on the Platform(s) in compliance with the Terms. All rights not expressly granted to you by Company are hereby reserved. You may not sublicense or assign the use of the Content for standalone distribution. You shall not
In the event you arrange a public performance of any work that includes Content in connection with any medium that retains valid performance licenses from the Indian Performing Rights Society (“IPRS”), Phonographic Performance Limited (“PPL”), or other applicable performing rights society, you shall deliver to us a music cue sheet with regard to such work within thirty (30) days of the initial commercial broadcast of such work. Notwithstanding anything else herein, if a work incorporating Content, or part thereof, is distributed through a medium not owned by you, then you acknowledge and agree that such medium must have blanket performance licensing in place with such performance rights organizations, or a separate performance fee must be negotiated in good faith and paid to the publisher. You agree and undertake to be liable to pay any and all statutory royalties (including performance royalties) as applicable and in a manner in accordance with the applicable laws in force of the jurisdiction as shall be applicable for collection of royalties and the Company shall not be responsible thereof in any manner.
Once we have selected specific Content available to you under your Plan, we encourage you to download the Content promptly. As a convenience to you we may continue to make the specific Content available to you under your Plan available for re-download, but we do not guarantee that such Content will be available for re-download and Company will not be liable to you if it becomes unavailable for further re-download. We may add or remove Content from our Plans and our Service at any time and make no guarantee as to the availability of specific Content in any Plan or as to any minimum amount of Content in any Plan. Some of our Content may be offered in limited territories, and we may use geo-filtering technology to restrict access outside of those territories presently or in the future. You understand and agree that temporary interruptions of service may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Content. You agree that the Content and Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content, communications, or personalization settings. While we have made reasonable efforts to correctly categorize, keyword, caption, description and title the Content, we do not warrant the accuracy of such information.
You may not
Subject to your compliance with these Terms, you may allow, and receive payment for, the display of third party ads in connection with uploading your Projects (such process, to “Monetize”) on third party platforms, such as www.YouTube.com or any of YouTube’s applications, that provide Monetization capabilities (each, a “Third Party Platform”). In order to Monetize Projects on a Third Party Platform, you must:
Please be aware that Company Monetizes Content on Third Party Platforms that it believes is unlicensed. When your Channels and/or Projects are not Listed or are not Listed correctly, Company is unable to tell a licensed use of Content from an unlicensed use of Content. In some cases, your Project or Channel may be properly Listed but Company’s process may still accidentally and incorrectly interpret your use of Content to be unlicensed. If Company Monetizes one of your Projects licensed under these Terms or you otherwise receive a claim from the Third Party Platform regarding your Project’s use of unlicensed Content, you must ensure your Project and/or Channels are correctly Listed and:
Under no circumstances will Company have any responsibility to you or any third party for, or in connection, with your inability to Monetize any Projects or any claims against your Projects that you upload onto any Third Party Platforms or your Channel(s). Further, Company will not reimburse you or any third party in any manner if Company Monetizes any of your Projects on a Third Party Platform or for your inability to Monetize any of your Projects regardless of the reason why.
If you do not have a Company account, you will need to establish an account with Company to access the Content and/or use the Services that are licensed for a fee via the website. All use of Content is conditioned upon payment of the appropriate fee (the “Fee”) for the Content that you use (and if you do not pay the appropriate Fee, you may not use the Content included within the Fee). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you have an individual Plan, you may not share your account or account login and password with anyone else. Some Plans we provide are “team” plans, in which case you may not provide or share your team account or team account login credentials and/or passwords with anyone outside of the covered team and you agree that the administrator for your team Plan will be responsible for providing and monitoring individual access by your team members, as well as revoking individual access covered under the team Plan when any individual leaves the team that is covered by the Plan. A Company license under a team Plan is a license to the team and not the individuals within the team, even if individuals within the team may have their own access credentials/passwords; individuals that leave a team covered under a team Plan are no longer licensed to use the Content covered under the team Plan (provided that such individuals may sign up for an individual Plan in order to have continued use of Content). Company also reserves the right to limit the number of individuals/unique access credentials within a team Plan and/or revoke access to individual team members or to the team, collectively. You are responsible for all of your team members and personnel, including, without limitation, any third-party vendors or contractors, and their use of the Website, Content, and Services.
Fees for your Content, Plan or Service will be stated at the time of your purchase or sign-up, as applicable, and provided in our Website pages. All fees are payable in advance. The fees for Plans or Services may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and except as set out in these Terms are non-refundable. We have multiple payment modes including:
You may cancel your Plan or Service by visiting page provided on the Company website and adjusting your Plan or Service settings and subscription preferences, or by contacting our Customer Service team. If you cancel your Plan or Service, you will not receive a refund of any Fees already paid, unless otherwise stated in these Terms.
We reserve the right to accept or refuse or to restrict your use of any Plan or Service in our discretion. You may not transfer or assign your Plan or Service benefits, or any Content you access. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of Content that can be accessed at any one time.
We may, in our discretion, change the Terms and all elements of them and any aspect of any Plan or Service, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Content, Plan and/or Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Content, Plan or Service.
Our business may change over time and we reserve the right to cancel any specific Plan or Service and change Content, in whole or in part, and to terminate your access to and use of the Content, Plan, or Service at our discretion without notice. If we do so, we may give you a prorated refund based on the number of days remaining in your Plan unless we terminate your Plan or access to Content for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Content, Plan or Service, or is harmful to our interests or another user in which case no refund will become applicable. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Content available on this Website will immediately cease and be revoked, save and except such Content which have already been published on the Platform(s) solely as part of the Project, which shall be available until perpetuity. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
You hereby indemnify the Company against all liabilities, demands and / or claims whatsoever, including but not limited to third party claims, for loss, damages, costs, expenses including reasonable attorney’s fees arising for not being in compliance with applicable laws, rules and regulations and also against any losses, damages or expenses suffered or incurred or that may be suffered or incurred by the Company for any reason whatsoever including as a result of and / or in relation to, any breach and / or non-fulfilment, non-performance by you and any of his/ her representations, warranties, undertakings terms and covenants set out in this Terms and infringement of or claim on any Intellectual Property Rights in relation to the Content thereof. To the fullest extent permitted by applicable law, you hereby waive all claims against the Company and its affiliates, authorized licensors, distributors or financiers for any indirect, incidental, punitive, and consequential damages In no event will the Company be liable for any indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by you, whether in an action in contract, breach of warranty or tort, even if you have been advised of the possibility of such damages.
Any dispute or claim relating in any way to these Terms or your use of the Content, Plan, or Service will be resolved by the exclusive jurisdiction of courts of Mumbai, India, in accordance with the laws of India.
When you use the Company Website, Content or Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other the Company Website, Content or Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All Content included in or made available through Company is the owned and/or licensed property of Company or its content suppliers and protected by Indian (Copyright Act, 1957) and international copyright laws. All trademarks, graphics, logos, page headers, buttons, icons, scripts, and service names included in or made available through Company are trademarks or trade dress of Company in the India and other countries. Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other trademarks not owned by Company but available via the Website, Content or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
Although this Website may be accessible worldwide, Company makes no representation that materials on this Website are appropriate or available for use in locations outside India. Those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside India, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any Content or Service, and/or information made in connection with this Website, is void where prohibited. You may not use any Company Content or Services if you are the subject of Indian sanctions or of sanctions consistent with Indian law imposed by the governments of the country where you are using the Company Website, Content or Services. You must comply with all Indian or other export and re-export restrictions that may apply to goods, software, technology, and services.
THE COMPANY WEBSITE, CONTENT OR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APPS) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY WEBSITE, CONTENT OR SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COMPANY WEBSITE, CONTENT OR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APP) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY WEBSITE, CONTENT OR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY WEBSITE, CONTENT OR SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE COMPANY WEBSITE, CONTENT OR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APPS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY WEBSITE, CONTENT OR SERVICES, COMPANY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY SERVICE, INCLUDING, BUT NOT LIMITED TO PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT OF SUBSCRIPTION FEE PAID BY YOU TO THE COMPANY.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING CONTENT OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
These Terms shall be construed, governed and enforced under the laws of India (State of Maharashtra). You agree that venue for all actions, relating in any manner to these Terms, shall be Mumbai, Maharashtra. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content or Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbour provisions of the Copyright Act, 1957. We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification. If you believe that you or someone else’s copyright has been infringed on this Website or the Service, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the Copyright Act, 1957 and any other applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder to visit https://hoopr.ai/copyright and provide the following information:
Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any Indian Copyright Registration number(s), URL(s) etc.; Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material); The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address); A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law; A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and The Rights Holder’s electronic signature.
Notice may be sent to:
By Mail: A-1203, Serenity Complex, Off Link Road, Oshiwara West Mumbai 400102 Attn: Gaurav Dagaonkar.
By E-Mail: Support@Hoopr.Ai; Claims@Hoopr.Ai
If Material That You Have Posted To Our Website Has Been Taken Down, You May File A Counter-Notification That Contains The Following details:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; Your name, address and telephone number; A statement that you consent to the jurisdiction of Mumbai, India, and that you will accept service of process from the person who provided notification in compliance with Copyright Act, 1957, or an agent of such person. Your physical or electronic signature.
Notice may be sent to:
By Mail: A-1203, Serenity Complex, Off Link Road, Oshiwara West Mumbai 400102 Attn: Gaurav Dagaonkar
By e-mail: Support@Hoopr.Ai; Claims@Hoopr.Ai
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party. Repeat infringers will be terminated and barred from using the Website.
R. Miscellaneous Conditions Applicable to All Users of Website, Content Or Services
In addition to any excuse provided by applicable law, Company shall be excused from liability for non-delivery or delay in delivery of products, Content, or Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms, these Terms shall take precedence. If you learn that any Content is subject to a threatened or actual third party claim of infringement, violation of another right, or any other claim for which Company, the Content contributors or any of their respective affiliates may be liable, you will promptly notify Company of any such claim. If Company, the Content contributors or any of their respective affiliates learns of such a claim from you, the third party or otherwise and Company, in its sole good faith discretion, determine that the claim raises an inappropriate legal risk, upon notice from us, you will (i) remove the Content from your computer systems and storage devices (electronic or physical), and (ii) cease any future use of the Content at your own expense if possible. If you do remove and cease use of the Content, we may choose to refund your license fees for the applicable Content or without charge provide you with other content that we determine with your consent, not to be unreasonably withheld or delayed, is comparable, subject to the other terms and conditions of these Terms. The Terms shall survive termination or expiration of your use of the Website or your Plan. Company, its content contributors or any of their respective affiliates are intended third party beneficiaries of these terms; nothing in these Terms, express or implied, is intended to or shall confer upon any other third party any rights, benefits or remedies of any nature whatsoever. You shall promptly reimburse Company, its content contributors and any of their respective affiliates for any costs (including reasonable attorneys' fees and court costs) that are incurred in collecting any Fees or enforcing these Terms.
