FNL Technologies, Inc. (“Hoobie,” “we,” “us,” or “our”) own or license all right, title, and interest in and to the website located at www.hoobieapp.com (the “Website”) and any and all related mobile applications (the “App,” and collectively with the Website, the “Services”). We welcome you to use our Services subject to the terms and conditions set forth below and otherwise referenced herein (the “Agreement”). All references to “you” or “your” refer to the person accessing or using the Services.
BY ACCESSING OR OTHERWISE USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE, ACCESS, OR SUBMIT CONTENT TO THE SERVICES.
- THIRD PARTY APPLICATION TERMS; UPDATES; ADDITIONAL TERMS
You acknowledge that Hoobie is an aggregation service that collects and combines various content and social media feeds that you are have identified that you are interested in seeing. In addition to the terms of this Agreement, all of the terms (including privacy policies) of the content providers and social media accounts (together, the “Third-Party Applications”) that you include in your customized feed will apply to your use of the Services and viewing and submission of content made available to, by or through the Third-Party Applications.
From time to time, Hoobie may without advance notice: (a) supplement or make changes to this Agreement and other rules or access and use procedures, documentation, security procedures and standards for equipment related to the Services, or (b) modify or withdraw any Service. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your continued use of the Services after a modification to this Agreement constitutes your acceptance of the modification.
Occasionally, Hoobie may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through the Services (the “Additional Terms”), which will be posted in specific areas and require reading and acceptance. The Additional Terms are incorporated herein by reference and made a part of this Agreement.
Hoobie hereby grants you a limited, non-exclusive, revocable, non-transferable license to access and use the software provided to you as part of the Services in accordance with the terms of this Agreement. This license does not give you any ownership or intellectual property interest in such software, any Hoobie Material or the Trademarks. All rights not expressly granted to you under this Agreement are reserved by Hoobie.
Hoobie does not provide you with the equipment to use the App. You are responsible for all fees charged by third parties to access and use the App (e.g., charges by mobile carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any carrier service plan you use in connection with your use of the Services (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the carrier), as we may send communications to you on your mobile device. Accordingly, you should use care in selecting a service plan offered by your carrier.
Hoobie and its licensors own all information, text, reports, analyses, data, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content (except User Content as defined below) contained in the Services, as well as the collection, design, production, selection and arrangement thereof (collectively, the “Hoobie Material”). We may incorporate third party software (including open source software) as part of the Services, and all such third party software is subject to additional terms provided by the third party licensor. The names, marks, and logos appearing in the Services’ interface (collectively, the “Trademarks”) are owned by or licensed to Hoobie and are used with permission of the owner. The Trademarks and Hoobie Material are protected by trademark, copyright, and other intellectual property laws. Hoobie requires you to respect the intellectual property rights that we have in the Hoobie Material and in the Trademarks.
- USER CONTENT
You may submit text, images, videos, information, comments, suggestions, graphics, drawings, designs, or other similar materials (collectively, “User Content”) via the Services. By uploading or submitting any User Content to the Service, you represent and warrant that you are the original author, owner, or licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content. All User Content shall be owned by, and subject to the terms, of the applicable Third Party Application to which you submit it through the Service.
By submitting User Content through the Service, you acknowledge and agree that the Third Party Applications will publically disseminate that User Content. No User Content is or will be subject to any obligation of confidence on the part of Hoobie.
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Certain content on the Services is from third parties not within Hoobie’s control. Hoobie is under no obligation to, and does not, scan such third party content used in connection with the Services for the inclusion of illegal or impermissible content. However, Hoobie respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another party’s copyright. It is Hoobie’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law.
If you believe any content on the Services infringe a copyright, you should provide Hoobie with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of 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 permit Hoobie to locate the material;
- Information reasonably sufficient to permit Hoobie to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to Hoobie’s designated agent as follows:
FNL Technologies, Inc.
361 Newbury Street
Boston, MA 02115
Attn: Joel Greenfield
- PROHIBITED ACTS
The following is a non-exhaustive list of activities that are prohibited in connection with the Services:
- criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, trademark infringement, copyright infringement, patent infringement, or trade secret theft;
- using any information contained in the Services for purposes of constructing a competing service;
- web scraping, framing or utilizing framing techniques to enclose, or deep link to, any Trademarks, Hoobie Material or other proprietary information of Hoobie or its licensors;
- any automated use of the Services or User Content, such as using scripts to add subscribers or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Services;
- removing copyright, trademark or other proprietary rights notices contained in or on the Services;
- using robots, spiders, or other automated devices to retrieve or index any portion of the Services;
- attempting to impersonate another person or entity;
- using any information obtained from the Services to harass, abuse, or harm another person;
- accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Services on behalf of that person; or
- using the Services in a manner inconsistent with applicable laws and regulations.
Hoobie reserves the right to investigate and take appropriate legal action against anyone who, in Hoobie’s sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities. You agree that disputes arising from an alleged violation of this Agreement or any intellectual property rights may result in Hoobie suffering irreparable harm and that, in the event of such a dispute, Hoobie or its affiliates may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.
Hoobie may, in its sole discretion, terminate this Agreement by discontinuing operation of the Services. Additionally, Hoobie reserves the right to terminate your account and prevent you from accessing the Services at any time and for any reason, including, but not limited to, your violation of this Agreement or the law. The violation of any of the terms and conditions set forth in this Agreement may result in the immediate termination of your right and license to use the Hoobie Material.
- DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HOOBIE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, HOOBIE MATERIAL AND TRADEMARKS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. HOOBIE DOES NOT WARRANT THAT: (I) THE QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL THAT YOU OBTAIN FROM THE SERVICES WILL MEET YOUR EXPECTATIONS; (II) THE SERVICES WILL OPERATE UNINTERRUPTED AND ERROR-FREE; (III) THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL MATERIAL; OR (IV) THE SERVICES WILL OPERATE IN PERPETUITY.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. UNDER NO CIRCUMSTANCES SHALL HOOBIE, OR ANY OF ITS LICENSORS, SUPPLIERS OR PROVIDERS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES. YOU HEREBY RELEASE AND HOLD HOOBIE AND ITS LICENSORS AND SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APPLICATION. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
- LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOOBIE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE HOOBIE MATERIAL OR ANY USER CONTENT, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOOBIE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOOBIE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. HOOBIE IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE SERVICES.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN ANY EVENT, THE MAXIMUM LIABILITY OF HOOBIE TO YOU FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THE SERVICES, HOOBIE MATERIAL AND TRADEMARKS WILL IN NO EVENT EXCEED TEN DOLLARS ($10).
- COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
You agree to defend, indemnify, and hold harmless Hoobie and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, and Independent Contractors from and against any action, claim, demand, damages, costs or expenses (including attorneys’ fees and court costs) arising out of: (i) your use of the Services; (ii) any conduct by you that violates the terms of this Agreement; or (iii) User Content submitted or shared by you through the Service including, without limitation, your infringement of the intellectual property rights of third parties.
- GENERAL PROVISIONS
(a) Governing Law; Arbitration. This Agreement is governed by the laws of State of Delaware without regard to its conflict of laws principles. You hereby waive any right to bring any claim against Hoobie in court (including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. You waive any right you may have to start or participate in, and agree to opt out of, any class action against Hoobie arising from or relating to the Services or this Agreement. Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts and the language of such arbitration shall be English. Hoobie may seek any interim or preliminary relief from a court of competent jurisdiction in Boston, Massachusetts necessary to protect Hoobie’s rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction.
(b) Waiver. Hoobie’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
(c) Assignment. Hoobie may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Hoobie.
(d) Severability. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
(e) Entire Agreement. Except as expressly provided elsewhere on the Services, this Agreement constitutes the entire agreement between you and Hoobie with respect to your use of the Services.
(f) Force Majeure. Hoobie shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond Hoobie’s control. User acknowledges that the performance of certain of Hoobie’s obligations may require the cooperation of third parties designated by User and outside the control of Hoobie In the event such third parties fail to cooperate with Hoobie in a manner that reasonably permits Hoobie to perform its obligations, such failures shall be consider as causes beyond the control of the Hoobie for the purposes of this Section and shall not be the basis for a determination that Hoobie is in breach of any of its obligations under this Agreement or is otherwise liable.
Last updated: 7/13/17