Terms of Use

Please read these Terms of Service (the "Agreement" or "Terms of Use") carefully before using the services offered by Hooley, LLC (the "Company"). This Agreement sets forth the legally binding terms and conditions for your use of the Hooley mobile application, the website at www.hooleyapp.com, all subdomains, any social media accounts controlled by the Company, and the service owned and operated by the Company (the "Service"). By using the Service in any manner, including, but not limited to, visiting or browsing the website, downloading the mobile application, becoming a member, or contributing content, information, or other materials or services via the Service, you agree to be bound by this Agreement.

SUMMARY OF SERVICE

Hooley is a platform which creates a unique social media community for a single event by using geo-location technology. It gives individuals and businesses the ability to play and create a customized invite for social and professional events (the "Events"), links guests together at the event allowing them to share text and media, view profiles, and promotes mingling and socializing by using an algorithm that connects guests based on shared interests. The Service makes various types of content accessible, including but not limited to: videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, biographical material and information, and associated trademarks and copyrightable works (collectively, "Content"). Visitors to and users of the Service (collectively, "Users") may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. "User Submissions" means any Content submitted by Users.

Hooley's Service is available as a free or paid app. Users of the free version will not be able to view certain Content or access certain features. The paid version unlocks access to other Users' profiles and User Submissions, as well as the chat feature. Please see the "Events" section for more information.

ACCEPTANCE OF TERMS

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Service, including the Privacy Policy available at www.hooleyapp.com/privacy and all other operating rules, policies, and procedures that may be published via the Service by the Company, which are incorporated by reference. These Terms of Service apply to every User of the Service. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Service. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

The Service is available only to individuals who are at least 18 years old, or 13 years old with consent of a parent or guardian. You represent and warrant that if you are an individual, you are at least 13 years old.

The Company is a passive conduit for the Users' online distribution and publication of User Submissions without any obligation to monitor User Submissions or disputes between Users. You are responsible for protecting yourself from Content which is offensive or harmful.

RULES AND CONDUCT

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service or law. You are responsible for all of your activity in connection with the Service. You shall not take any action, or Submit Content, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  • you know is false, misleading, or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
  • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
  • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
  • impersonates any person or entity, including any employee or representative of the Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company's or its third-party providers' infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the Service.Anchor

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.Users agree to not abuse other Users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified on the User's profile or on an Event page.

Violation of the Terms of Service may lead to suspensions or termination of the User's account or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to violations of this policy. The Company reserves the right to take any other remedial action it sees fit.

The Company requests that anyone with information about violations of the Terms and Service report it via an email to the following address: hooleyappviolations@gmail.com. Please provide the date and time (with time and zone) of the violation and any identifying information regarding the violator, including an email or IP address if available as well as details of the violation.

REGISTRATION

You may view some of the Content on the Service without registering, but as a condition of using certain aspects of the Service, including the creation of an Event, you may be required to register with the Company and select a user name ("User ID") and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID or Event. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Service. You shall never use another User account without the other User's express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

CREATING AN EVENT

Users may create Event pages allowing them to invite other Users and provide location information and other event-specific information. Once an event is created, it allows Users to share text, photos, and videos prior to, during, and after Events. Users of the paid version of the Service will also be able to view profiles of other Users in attendance, and to engage in chat features with other Users.
Participating in another User's Event does not:

  • a. give you any rights or ownership in or to the or any intellectual property owned or controlled by that User or Company;
  • b. give you any rights to control or otherwise direct the Beneficiary, Hooley LLC, the Service, Campaign, Processor or limit or otherwise affect Contributors or Contributions; and
  • c. create any liability or responsibility on the part of Hooley LLC to any User for any participation in an Event regardless of reason.

Hooley LLC is not liable for any damages or loss incurred for any use of the Service. Hooley LLC is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. The Company does not endorse any User Submissions. You release Hooley LLC, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

THIRD-PARTY INFORMATION

The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Service. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website or any link to the Service does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

If you have downloaded the App from the Apple, Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Company only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

CONTENT AND LICENSE

You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.

The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

INTELLECTUAL PROPERTY

By Submitting User Submissions through the Service, you agree to the following terms:

The Company will not have any ownership rights over your User Submissions. However, you hereby grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) the Company's (and its successors' and assigns') businesses, (c) promoting, marketing, and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, names, likenesses, and personal and biographical materials of you and the members of your Events, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.

You are publishing your User Submissions, and you may be identified publicly by your name or User ID in association with your User Submissions.

You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.

You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Hooley LLC all of the license rights granted herein.

You will pay all royalties and other amounts owed to any person or entity based on your submitting User Submissions to the Service or the Company's publishing or hosting of the User Submissions as contemplated by these Terms of Service.

The use or other exploitation of User Submissions by the Company and Users as contemplated by these Terms of Service will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.

All information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which that content originated.

The Company will not be liable for any errors or omissions in any Content.

The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.

All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

In accordance with the Digital Millennium Copyright Act ("DMCA"), Hooley will, in appropriate circumstances, terminate User accounts that are repeat infringers of the intellectual property rights of others. Hooley LLC also reserves the right to terminate User accounts based on a single infringement.

MOBILE DEVICES

Using the Service on a mobile device, including a smartphone, tablet, etc., is free – however, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them.

PAYMENT

Payment may be through the iPhone App Store, Google Play, or any other similar mobile service. Unless otherwise stated, all prices are listed in United States dollars. Any billing issues regarding your payment for our Service are the responsibility of the relevant third party app provider.

Additionally, you agree that any data charges or other third party charges arising from your mobile provider or other third parties shall be your sole responsibility

COPYRIGHT NOTIFICATIONS

Hooley LLC will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Hooley LLC via email at hooleyappviolations@gmail.com. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, sufficient for Hooley LLC to locate the material;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify Hooley LLC via email at hooleyappviolations@gmail.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

  • a physical or electronic signature of the user of the Services;
  • 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 made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Any information mentioned above may be forwarded to Hooley LLC's DMCA agent at:
Hooley DMCA Notice
Hooley, LLC
1302 Waugh Dr. #561
Houston, TX 77019

TERMINATION

The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid to the Company are non-refundable. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

WARRANTY DISCLAIMER

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Service; what Content Users access through the Service; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their Events. You release the Company from all liability for your having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Service, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.

The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend an Event; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Hooley LLC reserves the right not to comment on the reasons for any of these actions.

The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company's equipment, transmitted over networks accessed via the Service, or otherwise connected with your use of the Service.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates' employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Service, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

LIMITATION OF LIABILITY

In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) the fee you paid to use the Service.

INTERNATIONAL

If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, including laws regarding user age that vary from the Company's policy contained herein.

ELECTRONIC DELIVERY, NOTICE POLICY, AND YOUR CONSENT

By using the Services, you consent to receive from Hooley LLC all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. Hooley LLC may provide the electronic Contract Notices by posting them on the Service. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.

GOVERNING LAW

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Hooley LLC or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Harris County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

INTEGRATION AND SEVERABILITY

These Terms of Service and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

MISCELLANEOUS

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.