These Terms constitute a legally valid and binding agreement between you (including its literal variants ie. “you”, “your” or “yourself”), the end user, and the owner of Hoo, namely, Hoo Lab., a company duly incorporated under the laws of India, having its registered office at 190 - A Vidhyut Nagar, Ajmer Road Jaipur, Rajasthan(hereinafter referred to as “our”, “us”, “we” or “SLSS”) which shall include a reference to our affiliates, associates, sister concerns, subsidiaries, group companies etc.
Please read the terms and conditions contained below carefully as your use of Hoo is subject to your acceptance and strict compliance of the terms contained hereinafter.
By accessing, subscribing to or using Hoo you expressly agree as follows –
1.2 You are legally competent, as per applicable laws, to enter into the present agreement and access Hoos provided on Hoo and are not suffering from any legal or contractual disability.
1.3 In particular, you specifically warrant that you are of sound mind and of the minimum age required under applicable laws of your country to enter into a legally enforceable agreement yourself or that your use of Hoo is under the guidance and supervision of a/your legal guardian (“Legal Capacity”). In case you do not have the Legal Capacity, as is required under applicable laws of your country, please immediately stop using Hoo.
1.4 To avail some of the features provided on or along with Hoo, you may be required to either login to an already existing account on a third party Social Networking Site (which includes or mobile application or create one afresh. In the event you access our Services through any Social Networking Site, You hereby expressly agree to the following –
1.4.1 to provide us access to personally identifiable information (“PII”) such as your account registration details, phone numbers, friend list, location, email address, interests, etc, to the extent the same has been publicly made available by you;
1.4.2 to post on such Social Networking Site certain promotional messages, snippets, notifications, events in relation to Hoo or any of its features, for informational purposes. If you do not want Hoo to post any notifications or messages on such Social Networking Site on your behalf or access your friends list, you may change the settings on such Social Networking Site, if available;
1.4.3 to access your friends’ list and other activities on such Social Networking Site including latest posts and uploads, to the extent the same has been publicly made available by you.
1.4.4 that any information or data you provide, in the process of accessing such Social Networking Site, shall be subject to the respective terms and policies of such Social Networking Site and we shall neither assume any liability for nor any responsibility in relation to any information, data or detail provided by you to such third party, whether with respect to its authenticity, completeness or in any other respect whatsoever. We will rely upon such information, data or detail on an “As is” basis and therefore request you to ensure that such information you upload is true and complete. You, alone, are responsible to ensure that all information you provide in connection with the foregoing is correct and accurate.
1.6 You agree to hold us harmless in connection with any and all claims relating to the foregoing and to any features provided on Hoo. You further agree that we will not be responsible for any unauthorized, unlawful or illegal use, access, circumvention of the Hoo platform or any content, data, information, features made available on it, by any person.
1.7 We currently allow Users to only create, view, upload, share, stream, communicate, temporarily store Content, for a maximum duration of upto 25 (twenty five) seconds or so, on Hoo and the same is accessible on personal computers, and mobile phones based on Android and iOS platforms for personal usage and for non-commercial purposes. We retain the sole discretion and the exclusive right to amend and/or alter the Terms in this regard, at any time. We may also provide certain premium or paid Content other than that uploaded by a User and in any other format, platform, media or device whatsoever including, but not limited to, compatible mobile handsets, tablets, personal computers, television, routers, and internet access services.
1.8 At present, Hoo is being made available on various platforms, devices and mediums including Android and iOS, free of any costs or charges. Hoo is not being used, at present, for commercial purposes, however, we reserve with ourselves the sole and exclusive right to commercially exploit Hoo on any platform, device and medium as per our discretion.
2.1 License: Subject to strict compliance of the Terms stated here, we grant you a non-exclusive, non-transferable, restricted, revocable and limited right to create, use, share, communicate and/or embed any Content uploaded on or shared using Hoo, only for the personal/private use by you or any other user of Hoo, for non-commercial purposes, and always subject to the terms of this Agreement
2.2 Restrictions: You must comply with all applicable laws including laws pertaining to copyright, defamation, protection of privacy, personality rights and other laws in connection with your access to Hoo and use of the Content. You may not redistribute, download, exploit, communicate, modify, adapt, edit, sublicense or otherwise transfer or use the Content, unless and to the extent otherwise permitted under this Agreement. No part of this agreement shall be construed to mean as giving any right of public performance, synchronization, commercial or promotional use, sale, resale, rental or commercial distribution rights in Hoo or the Content.
2.3 Discretion: We have the sole right and discretion to allow, disallow, disable, remove, block any Content from being uploaded, shared, embedded, transmitted, communicated, copied, stored, modified or otherwise used on Hoo. Furthermore, we shall have the sole right and discretion to allow, disallow, disable, remove, block any User and/or User account accessing, continuing to access Hoo or part thereof or any feature made available thereon. We may do this, inter-alia, for various reasons, including, in our sole discretion, for legal reasons such as pursuant to any order, direction by any competent judicial, quasi-judicial or appropriate investigative or other governmental body; or in order to safeguard our rights and interests or the rights and interests of any third party including those of our affiliates, investors, group companies, agents, directors, representatives etc. You agree to not object or challenge the same or claim any right, title or interest in Hoo or any part thereof.
3.1 No editing: You understand and acknowledge that we cannot and will not screen, censor or otherwise filter any portion of the Content before providing access to You/the Users. By using Hoo, you expressly acknowledge and agree that we shall not be responsible for any damages, claims or other liability arising from or related to your use or download of any Content, or from the use of Hoo in any manner.
3.2 Use of information: You further acknowledge that we, at all times, will have the right to store and maintain logs about your activity on Hoo, in accordance with and to the extent permissible under the applicable laws. We reserve the right to share such information with law enforcement agencies, courts, tribunals and/or other appointed agencies for complying with any provisions of the law and/or order, direction, notice, summon that may be received in this regard, as per applicable law. We may also rely upon such information, activity charts and logs for marketing, business, development, evaluation and service-enhancement purposes on Hoo.
3.3 Technical limitations: We will make reasonable efforts to keep Hoo operational. However, certain technical difficulties, routine maintenance/upgrades and any other event outside our control may, from time to time, result in temporary service interruptions. We also reserve the right at any time and from any time to modify or discontinue, temporarily or permanently, functions of the Hoo with or without notice. You agree that we shall not be liable to you or any third party for any direct or indirect consequences of any modification, suspension, discontinuance of or interruption to Hoo.
3.4 Necessary rights: By uploading, creating, or sharing any Content on Hoo, you acknowledge and agree that you have the absolute, unencumbered right/consent to upload, create, store, embed, communicate, transmit, copy, reproduce, adapt, edit, modify such Content on or through Hoo and hereby expressly license us to carry out any and all such acts for the purpose of providing the services on or through Hoo, anywhere in the world, in perpetuity, without claiming any charges, fees or royalty or any kind from us. You agree that that no rights, permissions or consents given under these Terms to us shall lapse or be waived for any reason whatsoever. We shall not be liable to pay you or any other person any amount whatsoever in relation to any of the aforesaid acts in relation to any Content available on Hoo.
3.5 Unlawful circumventions:Hoo is designed for personal use and is provided on an ‘as is’ basis as stated above. You agree to not use or allow use of any automated system for the selection, downloading, or streaming of the Content or any part thereof in any manner not expressly authorized herein. You may not use any device, contrivance, software, method or technology to unlawfully record, exploit, capture, hack, alter, modify, or otherwise copy and/or reproduce any Content obtained or accessed through Hoo or circumvent any data protection measures adopted on Hoo by us.
3.6 Unlawful access: You or any person on your behalf shall not seek, or attempt to seek, access to or obtain any copy of a record containing any information, including especially any confidential information or PII, pertaining to or provided by any other User.
3.7 Rule 3(2) compliance: You further specifically agree, undertake and confirm that you shall specifically comply with the requirements under Rule 3(2) of the Information Technology (Intermediary Guidelines) Rules, 2011 including especially the following –
You shall not host, display, upload, modify, publish, transmit, update or share any information which –
3.7.1 belongs to another person and to which you do not have any right to;
3.7.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3.7.3 harm minors in any way;
3.7.4 infringes any patent, trademark, copyright or other proprietary rights;
3.7.5 violates any law for the time being in force;
3.7.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
3.7.7 impersonate another person;
3.7.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
3.7.9 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
3.7.10 promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated or infringing copyrighted Content or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing access to pirated Content or links to pirated music files;
3.8 You will not use Hoo, its software or Content for any unlawful means.
We may, in our sole discretion, terminate this Agreement, restrict, suspend or terminate your use of Hoo immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us.
5.1 Rights in Hoo: All rights including all intellectual property rights in Hoo including its code, software, script, layout, trademark, trade-dress, structuring is protected by relevant provisions of the laws relating to copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to them remain with us.
5.2 You own what you create: We do not claim any rights, title or ownership whatsoever in any of the Content, that is created, shared, uploaded, downloaded or otherwise made available on or through Hoo and such Content shall be the sole property of its respective owner(s) and/or uploader(s), unless otherwise expressly stated. You represent and warrant to us that you own or control all relevant rights, titles, interests, consents, permissions as may be required under applicable laws to create, upload, copy, download, transmit, communicate, share or otherwise make available such Content on or through Hoo in the manner as stated hereinabove. You shall continue to be the owner of all rights in any Content created, uploaded, shared, made available by you on Hoo.
5.3 Third party content: You agree that in accessing Hoo, you will not violate the privacy, personality, property rights including the copyright and any other intellectual property rights in and to the Content and/or Hoo by any means for any purpose whatsoever. You acknowledge that Hoo or the Content created, uploaded, downloaded, made available or shared through Hoo may contain third party materials, software, code, script or other materials licensed by/to us from such third parties or otherwise made available under the “fair use” provisions of the applicable laws. Such third parties retain ownership and all rights in such materials and you agree that you shall not infringe the rights of any such third parties in any manner, including without limitation, reverse engineering, decompiling, disassembling or otherwise tampering with such materials.
5.4 Restrictions on unauthorized use: The Content made available through Hoo is the property of its respective owners and is protected by copyright and other intellectual property laws. Content received through Hoo may be viewed, created, used, shared, embedded and/or played for your personal, non-commercial use only. You agree not to reproduce, retransmit, edit, modify, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the Content received through Hoo to anyone or to exploit any such Content for commercial purposes without our prior written consent. You further agree not to make use of the Content in a manner that would infringe the copyright therein.
5.5 Liability for User Generated Content: You agree that by creating videos, using stickers, posting messages, uploading Content, giving likes, submitting reviews, inputting data, suggesting ideas or engaging in any other form of communication on or through Hoo (collectively referred herein as “User Generated Content”), you are not waiving, transferring or forfeiting any ownership rights in such User Generated Content and you continue to retain all rights in such User Generated Content, whereas we are only acting as a platform provider to you. By submitting or posting User Generated Content, you irrevocably grant us a perpetual, fully-paid, royalty-free, sub-licensable, transferable, world-wide license to use, display, reproduce, distribute, modify, delete from, add to, publish any such User Generated Content for the limited purpose of providing the Hoo platform and/or the features and enhancements provided on this platform from time to time related thereto in any media formats and any media channel now known or hereinafter devised, for any promotional or commercial purposes, during the full term of copyright and all renewals and extensions thereof, without any obligation to make any payment to you or others or to give you credit.
5.6 By submitting or posting the User Generated Content, you represent and warrant that you own the User Generated Content. You also represent and warrant that the posting of your User Generated Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
5.7 By submitting or posting the User Generated Content, you agree that your submission of the User Generated Content does not in any way implicate you as our employee, agent, or partner.
5.8 By submitting or posting the User Generated Content, you release and discharge us, our affiliates, successors, investors, assigns and their respective officers, employees, agents from any and all claims, actions and demands arising out of, or in connection with, the use of your User Generated Content, your name and biographical data, including, without limitation, any and all claims for invasion of privacy and libel.
6.2 We reserve the right, but have no obligation, to monitor any User Generated Content and to restrict or remove User Generated Content that we determine, in our sole discretion, is inappropriate or for any other reason. In no event do we assume any responsibility or liability whatsoever for any User Generated Content, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such User Generated Content.
6.3 Reporting: Please report inappropriate User Generated Content by emailing us at email@example.com. We will review the complaint in accordance with applicable laws and for compliance with our terms and policies and will (a) block, disable or remove any Content or (b) terminate or suspend any user account, that is found to be in violation of our terms and/or applicable laws.
You expressly agree that use of and access to Hoo is at your sole risk. Hoo is provided on an “as is” and an “as available” basis. We do not make, and hereby disclaim, any representations or warranties regarding Hoo or any Content offered through Hoo or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of any kind relating to title, non-infringement of third party rights etc. We make no representation or warranty that any material, Content, softwares or services displayed on or offered through Hoo are accurate, complete, appropriate, reliable, or timely. We also make no representations or warranties that Hoo will meet your requirements and/or your access to and use of Hoo will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure.
8.1 To the maximum extent permitted by applicable law, we, our affiliates, licensors, investors, promoters, agents, officers, or third-party service providers shall not be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, and/or for loss of profits/ revenues/ data/ business, or for any other form of damages in any manner arising out of or in connection with this agreement or for your use of Hoo including any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Hoo, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from Hoo, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through Hoo by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via Hoo, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, regardless of the form of action or the basis of the claim (including negligence).
8.2 You hereby disclaim, waive and forego any and all liability, both civil and criminal, whether contractual or statutory, arising in the past, existing at present or potentially arising in future, out of or in relation to, any use of any Content or User Generated Content by us pursuant to and in the manner agreed hereinabove.
9.2 You further agree to participate in and defend us in any proceedings, actions, investigations of any kind whatsoever in relation to your use (including misuse) of Hoo or Content or part thereof; or your breach as stated above.
This Agreement is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in Hyderabad, India with respect to all disputes arising out of or relating to Hoo. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
12.1 Any Content uploaded or accessible on or from Hoo shall be subject to our Copyright Policy. In case any such Content is in violation of any provision of the applicable law in relation to Copyright in India, you can report such violation to us at firstname.lastname@example.org,in such manner as is stated, in detail, in our Copyright Policy.
12.2 As part of our Copyright Policy, we will block access to Content uploaded on Hoo in violation of applicable laws and in case of repeat infringements, terminate user access to Hoo altogether in case a user has been notified of infringing activity more than twice.
13.1 You agree that Hoo and all our services, servers and features are provided to you from Hyderabad.
13.2 Hoo shall be deemed to be a passive website and a mere “content neutral” platform and shall not give rise to any personal jurisdiction in any territory by reason of mere availability in or access of Hoo or any of its features from any given territory of the world.
13.4 No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
13.5 You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
13.6 Drall and Dholiya Pvt Limited : Pursuant to Rule 3(10) of the Information Technology (Intermediary Guidelines) Rules, 2011, the details of our grievance officer as stated below
Name: Drall and Dholiya Pvt Limited
Hoo Lab, A-9 A, Block A, Green Park, New Delhi, Delhi 110016