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This Terms of Use Agreement (the “Agreement”) governs the terms and conditions affecting your access to and use of the HoodHoot website. Your accessing and using the HoodHoot website constitute an implied and explicit acceptance of all the terms of this Agreement, as this Agreement may be modified and amended from time to time. If for any reason you do not agree to the spirit and letter of all the terms and conditions of this Agreement, please immediately cease all use of the HoodHoot website and exit the website.
For purposes of this Agreement “You” shall be defined to mean any person who accesses the HoodHoot website and any person who may have rights or have a claim to rights under or through such person, including, but not limited to such person’s heirs, executors, administrators, assigns, creditors, etc. “We,” “Us” “HoodHoot,” “Our Way” and similar terms refer to Our Way Media Group LLC, a New York Limited Liability Corporation, its assigns, creditors, owners, members, employees, affiliates and any other person who could claim any right or interest in Our Way Media Group LLC and/or the HoodHoot website.
We reserve the right to change this Agreement at any time for any reason and for no reason. The current Agreement will be posted on the HoodHoot website. Any time you access the HoodHoot website, your access and use of the HoodHoot website constitutes an express and implied acceptance of the current terms of this Agreement. You should review the Agreement when you access the HoodHoot website for the latest version of this Agreement.
HoodHoot is an online community where the content is provided by you, the user. You are responsible for the content. Anything you post may be accessed and viewed by anyone who can access the HoodHoot website. The HoodHoot website is organized by community and region so that each separate community or region has its own HoodHoot online community. Anything you post can be accessed by your friends and neighbors around the block or people around the world.
As more fully described in the HoodHoot User Guide, the HoodHoot website will provide certain content for all users of the website. You will be allowed to post certain content on the HoodHoot website, including but not limited to Hoots of general or special interest written by you, questions, answers, announcements, photographs, video information, audio information, graphical information, data, web links and comments. In addition, you will be able to view similar postings and information posted in our website by other users of the HoodHoot website. We reserve the right to change any and all aspects and configurations of the HoodHoot website at any time and for any reason. Such changes may include, but not be limited to, changes to the format and style of the HoodHoot website, changes to geographical regions covered by each HoodHoot community and by the entire HoodHoot website as a whole, changes to the type of content that can be posted on the HoodHoot website, changes to the content itself and changes to the terms and conditions for accessing the HoodHoot website.
HoodHoot maintains a Privacy Policy designed to protect the privacy of all users of the HoodHoot website. You should carefully review the Privacy Policy on our website. Your continued access and use of the HoodHoot website constitutes an express and implied acceptance of all the terms and conditions of this Privacy Policy, as it may be modified as of the date of access to the website.
HoodHoot and other persons reserve the right to charge you for goods or services purchased on our website or on other websites accessed through links posted on our website. You agree to pay all fees and other charges, including taxes for all such purchases. We reserve the right to modify any such fees or costs without prior notice to any person. If you submit credit, debit or other such card information to the HoodHoot website, you authorize the charging of such account for all proper charges and fees. You agree to be responsible for any fees and expenses incurred by us as a result of a chargeback or other disallowance of any credit card charge and agree that your access to the HoodHood website may be terminated if such charges are not promptly paid on demand.
The fact that you have signed on the HoodHoot website means that you are representing to us that you are at least 13 years old and if you are not yet 18 years old that you have the consent of your parent or guardian to access the HoodHoot website. If you are not at least 13 years of age or if you are under 18 years of age and do not have the consent of your parent or guardian to be on the HoodHoot website, you do not have permission to be on the HoodHoot website and we require that exit the HoodHoot website immediately.
Once you sign up for HoodHoot, you will be given an account. You will be required to create a personal password to access your account. The reason for this is to ensure, to the greatest extent possible, that you are the only person who has access to your account and that all Hoots posted from your account come from you and are posted with your approval. You will then be responsible to ensure that all Hoots posted from your account comply with these Terms and conditions of use and all other policies of HoodHoot. You should not give your password or any other personal information about your HoodHoot account to any person. If any person whom you have given your account information posts an unauthorized post on the HoodHoot website, you will be solely responsible to ensure that such posting does not violate any provision of these Terms of Use or any other policy of Hoodhoot. If you have reason to believe that someone has accessed your HoodHoot account without your permission, you are required to notify us at once.
As previously stated, you are solely responsible for the content of your posts. HoodHoot does not supervise or regulate the posting of content on its website in any way. We merely provide the platform for the posting of content by users of the HoodHoot website. Hoodhoot neither verifies the accuracy of any statement nor provides representation, warranty or assurance of any kind with respect to any statement made on the HoodHoot website, which was submitted by any user of the HoodHoot website. You have great freedom as to what you can post on the HoodHoot website.
You are free to post your views and opinions on any issue on the HoodHoot website as long as your views and opinions are not libelous, slanderous, defamatory or in any way violate the laws of any jurisdiction which such posting may be subject to. You understand that any views or opinions are your views and opinions only and the fact that they are posted on the HoodHoot does not mean that we, at HoodHoot endorse, agree with or validate the views or opinions expressed in the posting in any way. Any person viewing any posting on the HoodHoot website expressly understands and agrees that the views and opinions expressed therein are solely those of the person who posted same and further understands and agrees that we at HoodHoot do not endorse, agree with or validate any posting made on the HoodHoot website in any manner. Any person who posts any content on the HoodHoot website and any person who views or in any way accesses any content posted on the HoodHoot website expressly agrees that HoodHoot, its owners, managers, affiliates, employees and anyone claiming any right under any of the above shall have no liability whatsoever to any person as a result of any content of any posting on the Hoodhoot website.
You are free to print, copy and distribute any non-copyrighted material posted on the HoodHoot website whether you or someone else made the posting as long as your printing, copying or distribution is for a non-commercial purpose. If you post anything on the HoodHoot website, you do so with the express understanding that it may be printed, copied and distributed for non-commercial purposes. In all other cases, you are required to comply with all applicable copyright laws. We recognize that copyrighted material may appear on HoodHoot website from a variety of sources. You must not print, copy or otherwise distribute any copyrighted material in any way that would violate the rights of any person under any applicable law.
We at HoodHoot maintain all of our copyright rights under all applicable laws with respect to anything on or connected with the HoodHoot website which was created, provided or posted by us, at our request or by anyone affiliated with, related to or under contract with us, including but not limited to the ideas of the website, the format of the website, the commercial practices of the website and any posting or other content made by us on the website. We do not make any claim whatsoever under the copyright laws of any jurisdiction or any other laws of an ownership interest of any kind in and to any posting of any user of the HoodHoot website. We recognize that the content of all postings on the HoodHoot website are the sole property of the person whose HoodHoot account is used to make the posting. Such person, however maintains sole responsibility to ensure that anything posted on the HoodHoot website does not violate the copyright rights of any other person and otherwise does not violate any other law which any such posting may be subject to. Such person agrees to indemnify and hold harmless HoodHoot, its owners, managers, employees, affiliates and any other person who may have any right under or through us for any and all damages, including incidental damages and reasonable legal fees, resulting from the violation of any copyright or other law resulting from the posting.
The freedom that you have regarding the nature and scope of the content of the posts which you post on the HoodHoot website does come with certain legal as well as moral responsibilities. Below are some of the restrictions and limitations as to what you can post on the HoodHoot website. The list of restrictions, while extensive, should not be viewed as a complete listing of the restrictions and prohibitions as to what may not be posted on the HoodHoot website. They will, however, serve as a useful guide as to what may not be posted on the HoodHoot website.
The HoodHoot website is intended for the noncommercial use of its users. You are allowed to post any content or comment concerning yourself, your friends and acquaintances, any public or non-profit organization and any event of public interest, as long as the reason for such posting is not to derive any income, profit or other financial benefit. If you wish to post anything on the HoodHoot website for the purpose of benefitting financially from such posting, you should see the “Rules for Advertisers” section of the HoodHoot website concerning any fees and other rules that may apply. You are permitted to post content on the HoodHoot website concerning commercial and other organizations as long as the primary purpose and actual effect of such posting is not to significantly damage the reputation of or cause serious financial loss to any commercial or non-commercial organization. Although we act as a mere platform only and do not control, supervise or edit the posting of content on the HoodHoot website in any way, we reserve the right to edit or remove any posting which we, in our sole discretion, believe to be in violation of this or any other provision of the Terms of Use.
You may not post anything on the HoodHoot website that would be in violation of any law of United States of America, whether such law is a Federal, State or local law that may apply to such posting. In the case of a user who is subject to the laws of any foreign country, such user may not post anything on the HoodHoot website that would be in violation of any law of any foreign country which the user would be subject. Each user of the HoodHoot website has the sole responsibility to ascertain which laws apply to him or her.
You may not post anything on the HoodHoot website that is in furtherance of or is in any way connected to an activity which is illegal or may constitute a crime under the laws of any jurisdiction.
You may not post anything on the HoodHoot website that is intended to or has the effect of harassing, intimidating, abusing or threatening any other person.
You may not post anything on the HoodHoot website that would cause any reasonable person viewing such post that you are any person other than yourself.
You may not post anything on the HoodHoot website that a reasonable person would view as demonstrating intolerance against or an intent to discriminate against any person or group of persons on account of their religion, race, color, national origin, ethnicity, sexual orientation or inclusion or possible inclusion in any group or classification of persons, discrimination against who would constitute a violation of the laws of the United State of America or the laws of any State, local or foreign jurisdiction which you may be subject to.
You may not post anything on the hoodHoot website that contains material of a pornographic or offensive nature or would violate any law if accessed or viewed by a person under 21 years of age.
You may not post any Spam on the HoodHoot website.
You may not post anything on the HoodHoot website containing any viruses or any other form of malicious software.
You may not post anything on the HoodHoot website which is intended to unreasonably increase the traffic on the HoodHoot website or any other website or which unreasonably increases the load on or otherwise interferes with the proper operation of the infrastructure of HoodHoot or any other website.
You may not post anything on the hoodHoot website that is designed to obtain any private personal information from any other person, including but not limited to a password, account number, social security number, credit card number or other identifying information.
You may not post anything on the hoodhoot website which is part of or contains any information regarding or comment about any pyramid scheme or other multi-level marketing plan or scheme.
When you post anything on the HoodHoot website, you are giving us your express consent to use all content posted for any purpose which we deem appropriate, in our sole and absolute discretion, including but not limited to commercial purposes. You further acknowledge that anything you post on the HoodHoot website may be viewed by any internet user with access to the HoodHoot website. You therefore waive any right to privacy which you may have in any and all content posted by you or through the use of your account. You grant us, with respect to any content whatsoever posted on or through the HoodHoot website, an unrestricted, perpetual, non-exclusive worldwide license without the payment of royalties or any other compensation whatsoever which is completely transferable and sublicensable to use, modify, copy, distribute or sublicense in any manner which we, in our sole discretion deem appropriate, any such content.
We, at HoodHoot, respect all copyright rights of any person to the greatest extent possible. We reserve the right to take any action which we deem appropriate, in our sole discretion, including, but not limited to, removing any content from the HoodHooot website which we have reason to believe may violate the copyright rights of any person, suspending either temporarily or permanently the account of any person who we have reason to believe may have violated the copyright rights of any other person and taking any and all legal action which we may deem appropriate against any person who we have reason to believe may have violated the copyright rights of any person as a result of any content posted on the HoodHoot website.
If person believes that any content posted on the HoodHoot website may have violated the copyright rights of any person such person shall notify us in the manner provided by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U. S. C. Section 512 to our copyright agent, as set forth below:
To be effective, a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:
The HoodHoot copyright agent is: Andrew Laufer, Copyright Agent, Our Way media Group LLC, 248-34 Deepdale Avenue, Little Neck, New York 11362. Telephone Number: 718-225-2563. Electronic mail address: support@hoodhoot.com.
Any person who accesses the HoodHoot website, whether or not such person posts anything on the site or not, agrees that any Associated Press content, including, but not limited to, text, audio, video, graphics or other content is not to be posted on the HoodHoot website in any manner whatsoever, whether or not such content is published, broadcast, rewritten for publication or broadcast or redistributed in any manner.
If you access the HoodHoot website through the facilities of any mobile carrier, you agree to pay all fees of such mobile carrier and agree to abide by all terms of service of such mobile carrier. You agree that any cell phone used by you is registered to your name or that you have a right to use such cell phone and that you will not access the HoodHoot website through a cell phone which you are not authorized to use or use any cell phone in a way that is not authorized by the mobile carrier of such cell phone.
If you do not completely agree with all the terms of use of the HoodHoot website and fully intend to follow the spirit and letter of such terms, discontinue use of the HoodHoot website immediately and, exit out of the HoodHoot website immediately. You do not have permission to access the HoodHoot website or use the website or its contents in any manner. We retain the right to modify the terms of use at any time, for any reason and for no reason. Your continued access of and use of the HoodHoot website constitute your continued acceptance of these terms of use as we may modify or amend them from time to time.
WE PROVIDE THE WEBSITE AND ITS CONTENTS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT WITH ANY RIGHT OF ANY PERSON.
THERE ARE NO WARRANTIES OF ANY KIND BY HOODHOOT OR ANY THIRD PERSON WITH RESPECT TO ANY GOOD OR SERVICE PURCHASED ON OR THROUGH THE HOODHOOT WEBSITE. HOODHOOT AND ANY THIRD PARTY SHALL ASSUME NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO ANY GOOD OR SERVICE PURCHASED ON OR THROUGH THE HOODHOOT WEBSITE.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS OUR WAY MEDIA GROUP LLC, ITS OWNERS, EMPLOYEES, MANAGERS, AFFILAITES AND ANY THIRD PARTY FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS OF THE HOODHOOT WEBSITE FROM ANY LIABILITY, EXPENSE OR DAMAGE, INCLUDING ALL REASONABLE ATTORNEY ‘S FEES AND EXPENSES.
YOUR ACCESS OR USE OF THE HOODHOOT WEBSITE DOES NOT CREATE ANY AGENCY, PARTNERSHIP, JOINT VENTURE OR SIMILAR RELATIONSHIP BETWEEN YOU AND OUR WAY MEDIA GROUP LLC, ITS OWNERS, EMPLOYEES, MANAGERS, AFFILAITES AND ANY THIRD PARTY.
OUR WAY MEDIA GROUP LLC, ITS OWNERS, EMPLOYEES, MANAGERS, AFFILAITES AND ANY THIRD PARTY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OR ACTION RESULTING FROM ANY ACCESS OR USE OF THE HOODHOOT WEBSITE UNDER ANY THEORY OF LAW TO THE GREATEST EXTENT PERMISSIBLE UNDER ALL APPLICABLE LAWS. YOU SPECIFICALLY RELEASE AND FOREVER DISCHARGE OUR WAY MEDIA GROUP LLC, ITS OWNERS, EMPLOYEES, MANAGERS, AFFILAITES AND ANY THIRD PARTY FROM ANY AND ALL CLAIMS, KNOWN AND UNKNOWN, ARISING IN ANY WAY WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE HOODHOOT WEBSITE.
WE HAVE THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCESS TO THE HOODHOOT WEBSITE FOR ANY REASON OR FOR NO REASON IN OUR SOLE DISCRETION WITHOUT LIABILTY TO YOU OR ANY OTHER PERSON.
“Hood Hoot,” “Hoodhoot” and “Give a Hoot” are registered trademarks of Our Way media Group LLC and may not be used by any person in any way whatsoever that violates or infringes the trademark or other rights of Our Way Media Group LLC in and to any of the said trademarks.
This Terms of Use Agreement represents the entire agreement between you and us with regard to your access of and use of the HoodHoot website. Nothing other than the express provisions of this Agreement shall be deemed a part thereof in any manner whatsoever. This Agreement shall be governed by the laws of the State of New York, notwithstanding any conflict of laws rule or other law to the contrary. You agree that the Federal District Court for the Eastern District of New York and the Supreme Court of the State of New York for the County of Queens shall have exclusive jurisdiction concerning any issue or dispute arising from this Agreement or your access of the HoodHoot website.