LAST MODIFIED 18.03.19
You: means you, the user of the Service(s), and your shall be interpreted accordingly.
We/us: means Hoopla Digital Ltd, Ugli Building, 56 Wood Lane, London, W12 7SB and our shall be interpreted accordingly.
Service(s): means our site www.hoopladigital.co.uk, our Technology, Platform, Creative Design Solutions, Interactive
Advertising Experiences and Advertising Delivery Solutions.
User Information: means the personal details, which may be provided by you or your devices to us via the Service(s).
Content: means all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, augmented reality content, data, images, illustrations, textures, meshes, computer code and scripts contained on the Site(s) and/or Service(s), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.
2. ACCEPTABLE USE AND RESTRICTIONS
You agree that any use by you of the Service(s) shall be in accordance with the following conditions:
2.1 You will not use the Service(s) to create, develop or continue a current or proposed program that is competitive with the Service(s).
2.3 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, decompile, reverse engineer or monitor any portion of the Service(s), or in any way reproduce or circumvent the navigational structure or presentation of the Service(s), to obtain or attempt to obtain any materials, source code, documents, underlying ideas or information through any means not purposely made available through the Service(s).
2.5 You may not attempt to gain unauthorised access to any portion or feature of the Service(s), or any other systems or networks connected to the Service(s) or its server, by hacking, password “mining” or any other illegitimate means.
2.6 You may not probe, scan or test the vulnerability of the Service(s) or any network connected to the Service(s), nor breach or attempt to circumvent the security or authentication and safety measures on the Service(s) or any network connected to the Service(s). You may not reverse look-up, trace or seek to trace any information on any other User of the Service(s), or any other customer of ours, including any accounts (if any) not owned by you, to its source, or exploit the Service(s) or information made available or offered by or through the Service(s), in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service(s).
2.7 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service(s) or our systems or networks, or any systems or networks connected to the Service(s).
2.8 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service(s), or with any other User’s use of the Service(s).
2.10 A violation of any of the foregoing is grounds for termination of your right to use or access the Service(s).
3. THIRD PARTY WEBSITES AND ADVERTISERS
3.1 Linked Sites. These Service(s) may contain links to other independent third party websites (Linked Sites). These Linked Sites are provided solely as a convenience to our Users. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or Service(s) on or available from any Linked Sites.
4.1 All Content, is owned, controlled or licensed by or to us, and is protected by law, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
4.3 If you become aware of any such distribution, commercial exploitation or any other unauthorised use of our Content, you agree to notify us by email at firstname.lastname@example.org
4.4 With respect to any content you provide us for use within the Service(s), you hereby grant us a licence to translate, modify (for technical purposes, for example making sure your content is viewable across various devices), reproduce, prepare derivative works of, display, perform, distribute and otherwise act with respect to your Content.
You agree that the licences you grant are royalty-free, perpetual, sublicensable and transferable, irrevocable, and worldwide.
Certain versions or functionalities of the Service(s) may currently be free of charge, but we reserve the right to make certain additional features, updates or new versions/releases available for payment only. If you choose to purchase such services, you will pay Hoopla Digital fees for the applicable service (“Fees”). We will not charge you any Fees without your prior authorisation.
6. IMPROVEMENTS AND FEEDBACK
You may from time to time provide suggestions, comments or other feedback to us with respect to the Service(s) (“Feedback”). You shall, and hereby do, grant to Hoopla Digital a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up licence to use and exploit the Feedback for any purpose.
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s technology or business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
8.1 WE DO NOT PROMISE THAT THE SERVICE(S) OR FEATURES OF THE SERVICE(S) WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE(S) WILL PROVIDE SPECIFIC RESULTS. THE SERVICE(S) IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE(S) IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE(S). YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE(S). YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICE(S) IS TO STOP USING THE SERVICE(S).
8.2 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
8.3 We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service(s), or any portion of the Service(s), for any reason; (2) to modify or change the Service(s), or any portion of the Service(s), and any applicable policies or terms; and (3) to interrupt the operation of the Service(s), or any portion of the Service(s), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
8.4 Limitation of Liability. Except where prohibited by law, in no event will we be liable to you for any loss of (i) profits (ii) business interruption (iii) goodwill or reputation or otherwise, or for any indirect, consequential, exemplary, incidental or punitive damages, including any indirect or consequential losses, even if we have been advised of the possibility of such damages.
10.1 We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Service(s), or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of Users of the Service(s), including our customers and advertisers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.
12. TERMINATION AT OUR DISCRETION
14. GOVERNING LAW; DISPUTE RESOLUTION
14.1 You agree that all matters relating to your access to or use of the Service(s), including all disputes, will be governed by the laws of England and without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of the Courts of England and Wales and waive any objection to such jurisdiction or venue.
14.2 In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Service(s), the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
15. CONTACT US
Should you wish to make any comments to us about the Service(s) or if you have any questions relating to the same please contact us by email at email@example.com
16. OUR DETAILS
Hoopla Digital Ltd, Ugli Building, 56 Wood Lane, London, W12 7SB