Terms and Conditions

1. Introduction.

These terms and conditions (“Terms”) govern your use of and access to the website, products, applications, tools and features of this website (collectively, the “Website”) provided by Go Hoop, LLC (“Go Hoop”, “we”, “us” or “our”).  By using or accessing the Website, you accept these Terms in full.  If you're using the Website for an organization, you're agreeing to these Terms on behalf of that organization, and you represent and warrant that you can do so. References to “you”, "your” and similar terms are construed accordingly in these Terms.  If you disagree with these Terms or any part hereof, you may not use the Website.

You must be at least 18 years of age to use the Website.  By using the Website and by agreeing to these Terms, you warrant and represent that you are at least 18 years of age.

Please read these Terms carefully.  They include important information about your legal rights,

2. License to Use Website.

Unless otherwise stated, Go Hoop owns the intellectual property rights in the Website and all materials contained herein.  Subject to the licenses contained herein, all of these intellectual property rights are reserved.

The Website is protected by copyright, trademark and other US intellectual property laws.  This Agreement does not grant you any right, title or interest in the Website, other users’ content, our trademarks, logos or other brand features or intellectual property or trade secrets or other users’ content in or on the Website.  You agree not to change, translate or otherwise create derivative works of the Website or other users’ content

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

3. Prohibited Uses.

You shall not, and hereby represent and warrant that you will not: (i) sell, rent or sub-license material from the Website; (ii) reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose; (iii) redistribute material from the Website except for content specifically and expressly made available for redistribution; or (iv) use the Website in any way to: (a) cause damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (b) copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (c) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without express written consent; (d) copy, upload, download or share other user content unless you have the right to do so; (e) transmit or send unsolicited commercial communications; or (f) link to any Website or web page consisting of, or containing, material that would breach the provisions of these Terms, were it posted on the Website.

4. User Content.

In these Terms, "User Content" means material (including without limitation text, photos, images, audio, video and any other materials) that you submit to the Website, for any purpose.  You warrant and represent that your User Content will comply with these Terms.  When you provide User Content, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, creative derivatives works of, adapt, communicate, publish, publicly display, translate and distribute User Content in any existing or future media. You also grant to us the right to bring an action for infringement of these rights.

You represent and warrant that (i) you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Website and in the manner required by this Agreement; and (ii) our use of your User Content will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights.  

Your User Content shall be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behavior on the internet.  Your User Content (and its publication on the Website) shall not: be illegal or unlawful; be libelous or maliciously false; be obscene or indecent; infringe any third party's legal rights, including, but not limited to, copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right; infringe any right of confidence, right of privacy, or right under data protection legislation; constitute negligent advice or contain any negligent statement; constitute an incitement to commit a crime; be in contempt of any court, or in breach of any court order; be in violation of racial or religious hatred or discrimination legislation, rules or ordinances; be blasphemous; be in breach of official secrets legislation; be in breach of any contractual obligation owed to any person; depict violence; be pornographic or sexually explicit; be untrue, false, inaccurate or misleading; consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; constitute spam; be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; cause annoyance, inconvenience or needless anxiety to any person; be, or have been, the subject of any threatened or actual legal proceedings or other similar complaint; or be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law)

We reserve the right to edit or remove any material submitted to the Website, or stored on the servers, or hosted or published upon the Website.  Notwithstanding our rights under these Terms in relation to User Content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Website.

5. Limited warranties.

To the fullest extent permitted by applicable law, we make no warranties, express or implied, and representations about the Website and hereby disclaim any and all express, implied, or statutory warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose and non-infringement.  The Website is provided “as is” and “as available”.   No advice or information, whether oral or written, obtained by you from Go Hoop, shall create any warranty.  We make no warranty or representation that the Website will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.  To the extent that we may not as a matter of applicable law disclaim any warranty, the scope and duration of such warranty will be the minimum permitted under such law.

You acknowledge that some of the information published on the Website is submitted by users, and that we do not undertake to review, approve or edit the submission of such content to, or the publication of such content on, the Website.  We therefore do not warrant the completeness or accuracy of the information published on the Website.

6. Limitation of Liability.

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will we and our affiliates and our respective directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Website or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of  the Website, including without limitation interruption of use or cessation or modification of any aspect of the Website; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation your User Content; (e) any User Content or other conduct or content of any user or third party using the Website, including without limitation defamatory, offensive or unlawful conduct or content; (f) any third party sites accessed via the Website; or (g) losses arising out of any event or events beyond our reasonable control.  These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Go Hoop has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose.

Nothing in these Terms will limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

7. Indemnification.

You hereby agree to indemnify, defend and hold us harmless against liabilities, costs, losses, and expenses, including reasonable attorneys’ fees incurred by us caused by, or arising out of, in whole or in part, or in connection with: (a) your breach of any provision of these Terms or representation or warranty container herein; (b) your User Content; (c) your violation of any law or regulation; and (d) any claim for personal injury or property damage caused, directly or indirectly, by you or your officers, directors, and agents in connection with any Go Hoop events.

8. Term and Termination; Breach of Terms.

These Terms will remain in effect between you and us until terminated by either you or us.  We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of, or access to, parts or all of the Website or their functionality at any time at our sole discretion and without notice.  All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation, Sections 4, 5, 6, 7, 10 and 16.

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may: (i) send you one or more formal warnings; (ii) temporarily suspend your access to the Website; (iii) permanently prohibit you from accessing the Website; (iv) contact your internet services provider and request that they block your access to the Website; (v) bring court proceedings against you for breach of contract or otherwise; and/or (vi) delete and/or edit any or all of your User Content.  Where we suspend or prohibit or block your access to the Website or a part of the Website, you shall not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

9. Third Party Websites.

The Website may be integrated with various third party services and applications (“Third Party Servicers”) that may make their content and products available to you.  These Third Party Servicers may have their own terms, conditions and policies, and your use of them will be governed by those terms, conditions and policies.  We do not control Third Party Servicers, and we are not liable for Third Party Servicers or for any transaction you may enter into with them, or for what they do.  

The Website may also include hyperlinks or references to other websites owned and operated by third parties.  These links and references are not recommendations.  We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

10. Intellectual Property.

The Website is protected by copyright, trademark and other intellectual property laws.  These Terms do not grant you any right, title or interest in the Website, other user content, our trademarks, logos or other intellectual property.  Except as otherwise provided in the Logo Terms of Use, you agree not to change, translate or otherwise creative derivative works of the Website or other user content.

Any other third party registered and unregistered trademarks or service marks are the property of their respective owners.  Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and, therefore, cannot grant any license to exercise such rights.

11. Competitions.

From time to time we may run competitions, free prize draws and/or other promotions on the Website. These will be subject to separate Terms that we will make available to you as appropriate.

12. Amendments.

We may amend, revise or modify these Terms from time-to-time, and the most current version of these Terms will be posted on the Website.  The amended Terms will apply to the use of the Website from the date of the publication of the amended Terms on the Website.  By continuing to access the Website after the amended Terms are posted, you agree to be bound by the amended Terms.  If you disagree with the amended Terms, you shall immediately cease any further use of the Website.

13. Waiver, Severability and Assignment.

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.  If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.  You may not delegate, subcontract, transfer or assign these Terms or any of your rights or obligations hereunder without our prior written consent, in our sole discretion, and any such attempt will be of no effect.  We may delegate, transfer or assign these Terms or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Website without notifying you or obtaining your consent.

14. Exclusion of third party rights.

These Terms are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

15. Entire Agreement.

These Terms, together with the Logo Terms of Use and the Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Website, and supersede all prior agreements or terms and conditions in respect of your use of the Website.

16. Governing Law.

These Terms, together with the Privacy Policy, and any and all disputes directly or indirectly arising therefrom, will be governed by and construed in accordance with the laws of the State of New York, without reference to the choice of law rules thereof.  You irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, Borough of Manhattan for any such disputes, and waives any objections to the laying of venue in such courts.

 

Logo Terms of Use

 

1. The Go Hoop Day Name and Logo.

The Go Hoop Day logo (“Logo”) is a protected mark of Go Hoop, LLC (“we”, “our”, “us”).

2. Right to Use the Logo.

Unless you have entered into a separate license with us relating to the use of the Logo, you are granted a non-transferable, non-exclusive, royalty-free license to use the Logo subject to these Logo Terms of Use (“Logo Terms”).

3. Permitted Use of the Logo.

You agree to use the Logo in a manner consistent with any trademark guidelines or graphic standards that we may provide to you and solely for the purposes of promoting the campaign Go Hoop Day and on items that promote or support the aims and objectives of Go Hoop Day.

You agree not to use the Logo (i) to market, promote or advertise any product, service or company or for any commercial or business purpose, or otherwise to make money in any way; (ii) in association with any alcohol, tobacco or firearms products or industries or in association with any illegal activity; and (iii) in a way that, in our sole judgment, damages, weakens or has a detrimental effect on (a) the Logo, (b) the Go Hoop Day campaign, or (c) our brand or reputation.

4. Ownership.

By using the Logo, you agree (i) not to take any action which will interfere with any of our rights in and to the Logo; (ii) not to challenge, contest or take any other action inconsistent with our right, title, or interest in and to the Logo or the benefits therefrom; (iii) not to make any claim or take any action adverse to our ownership, proprietary or other rights in the Logo; (iv) not to register or apply for registrations, anywhere, for our Logo or any other mark which is confusingly similar to our Logo or which incorporates our Logo; (v) not to use any marks, anywhere, which are confusingly similar to our Logo; and (vi) all goodwill generated from the use of our Logo shall inure to the benefit of us.

5. Sub-Licensing.

You shall not be permitted to, and agree not to, transfer, license, sublicense or assign your rights and obligations under these Logo Terms to any third party; it being understood and agreed that any third party is required to obtain the right to use the Logo from us directly.

6. Termination.

We reserve the right to terminate the license granted to you to use the Logo (i) at any time for any reason or no reason and (ii) upon breach of these Logo Terms.

7. Disclaimer of Warranties.

To the fullest extent permitted by applicable law, we make no warranties, express or implied, and representations with respect to your use of the Logo and hereby disclaim any and all express, implied, or statutory warranties, including but not limited to, any warranties of merchantability, fitness for a particular purpose and non-infringement.  To the extent that we may not as a matter of applicable law disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.

8. Limitation of Liability.

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will we and our affiliates and our respective directors, officers, employees and agents be liable with respect to any claims arising out of or related to these Logo Terms, your use of the Logo or your exercise of any rights granted to you under these Logo Terms for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; or (c) any damages related to your access to, use of or inability to access or use the Logo, including without limitation interruption of use or cessation or modification of use.

9. Indemnity.

You agree to indemnify us against all liabilities, costs, losses, damages and expenses, including reasonable attorneys’ fees, incurred by us caused by, or arising out of, in whole or in part, or in connection with: (a) your breach of these Logo Terms or representation or warranty contained herein and (b) from your use of the Logo.

10. Amendments.

We may amend, revise or modify these Logo Terms from time-to-time, and the most current version of these Logo Terms will be posted on our website.  The amended Logo Terms will apply to the use of the Logo from the date of the publication of the amended Logo Terms.  By continuing to use the Logo after the amended Logo Terms are posted, you agree to be bound by the amended Logo Terms.  If you disagree with the amended Logo Terms, you shall immediately cease any further use of the Logo.

11. Waiver, Severability and Assignment.

Our failure to enforce any provision of these Logo Terms is not a waiver of our right to do so later.  If any provision of these Logo Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.  We may delegate, transfer or assign these Terms or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services without notifying you or obtaining your consent.

12. Governing Law.

These Logo Terms, and any and all disputes directly or indirectly arising herefrom, will be governed by and construed in accordance with the laws of the State of New York, without reference to the choice of law rules thereof.  You irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, Borough of Manhattan for any such disputes, and waives any objections to the laying of venue in such courts.