Last updated on June 1, 2017.
We’re excited that you’ve decided to use Hopp. We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. These Terms form a legal agreement between you and Hopp.
By accessing or using Hopp (which we call the “Services”), you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use Hopp. You can terminate these Terms at any time and for any reason by deleting your account.
No one under 16 is allowed to create an account or use Hopp. Some aspects of the product may require you to be even older to use them. By your use of Hopp, you state that:
• You can form a binding contract with Hopp.
• You are not a person who is barred from using Hopp under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
• You are using the services as an individual and not on behalf of a business, government, or any other non-personal entity.
Hopp grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use Hopp in a way that these Terms allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease and part of Hopp. You may not reverse engineer or attempt to extract source code of any part of Hopp's software.
Hopp lets you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
For the Services, you grant Hopp and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
In addition, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send content, you also grant Hopp, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from Hopp, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Hopp application or on one of our partners’ platforms.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone remain responsible for the content you create, upload, post, send, or store through the Service.
The content on our Services is produced by users, publishers, and other third parties. All the content is the sole responsibility of the person or organization that submitted it. Although Hopp reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms and our other usage policies, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or policies.
Hopp respects the rights of its users. You therefore may not use the Services to:
• violate or infringe someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
• bully, harass, or intimidate.
• spam or solicit other users.
You must also respect Hopp’s rights. These Terms do not grant you any right to:
• use branding, logos, designs, photographs, videos, or any other materials used in our Services.
• copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
• use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
Hopp honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Hopp becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice to email@example.com.
If you file a notice, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
• contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
• identify the copyrighted work claimed to have been infringed.
• identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
• provide your contact information, including your address, telephone number, and an email address.
• provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
• You will not use the Services for any purpose that is illegal or prohibited in these Terms.
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
• You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
• You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
• You will not use or attempt to use another user’s account, username, or password without their permission.
• You will not solicit login credentials from another user.
• You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
• You will not probe, scan, or test the vulnerability of our Services or any system or network.
• You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying safety laws, or cause you personal harm.
You are responsible for any activity that occurs on your account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
• You will not create more than one account for yourself.
• You will not create another account if we have already disabled your account, unless you have our written permission to do so.
• You will not buy, sell, rent, or lease access to your Hopp account without our written permission.
• You will not share your password.
• You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges.
If you use a service, feature, or functionality that is operated by a third party and made available through Hopp (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Hopp is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. You can terminate these Terms at any time and for any reason by deleting your account.
Hopp may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use Hopp. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and Hopp continue to be bound by Sections 3, 6, 9, and 12-20 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Hopp, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep Hopp up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Hopp ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
Hopp TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Hopp WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Hopp AND ITS SOLE PROPRIETOR, MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Hopp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Hopp’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD.
To the extent that these Terms allow you or Hopp to initiate litigation in a court, both you and Hopp agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Hopp consent to the personal jurisdiction of both courts.
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms make up the entire agreement between you and Hopp, and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.