Terms of Service
Terms of Use
Welcome to HOOK. ("HOOK", "We", "Us", "Our") mobile device software
application, Web site, and any other mobile or web services or applications.
Users who access, download, use, purchase and/or subscribe to the HOOK Services
(collectively or individually "You" or "Your" or "User" or "Users") must do so
under the following Terms and Conditions of Service and Privacy Policy.
Acceptance of Terms
By accessing or using our Services, you agree that you must be 18 year old or
older, you understand and agree to these Terms. To use the Services you must
comply with these Terms: You must have a valid email address if using an email
platform to sign up for an account. You are responsible for maintaining the
security of your account and ensuring that no unauthorized person has access to
your account. In the event an unauthorized person gains access to your account,
you must notify HOOK immediately at support@ gohookapp.com. IF YOU DO NOT
UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT
AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE
OF THE SERVICE IS VOID WHERE PROHIBITED.
Modification to Terms of Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll
let you know either by posting the modified Terms on the site or through other
communications. It's important that you review the Terms whenever we modify them
because if you continue to use the Services after we have posted modified Terms
on the Site, you are agreeing to be bound by the modified Terms. If you don't
agree to be bound by the modified Terms, then you can't use the Services
anymore. If you object to any change or modification, your sole recourse shall
be to cease using the Services. YOU AGREE THAT HOOK SHALL NOT BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS. Except as
may be expressly specified otherwise by HOOK with respect to paid portions of
the Services, we reserve the right to add, change, suspend or discontinue the
Services, or any aspect or feature of the Services, without notice or liability.
Privacy
Your privacy is important to us. Please carefully review our privacy policy at
HOOK.com/privacy_policy. Our privacy policy details the way we collect, use and
disclose information about you.
Content and Content Rights
For purposes of these Terms: "Content" means text, graphics, images, music,
software, audio, video, works of authorship of any kind, and information or
other materials that are posted, generated, provided or otherwise made available
through the Services; and "User Content" means any Content that Account holders
(including you) provide to be made available through the Services. Accordingly,
Content includes but is not limited to User Content.
OUR REFUSAL OR SUSPENSION OF YOUR SERVICE
You may terminate Your Account at any time for any reason, by following the
instructions given in the HOOK Services. Upon the cancellation of Your account,
this Agreement will immediately terminate.
If You have a User Account set up for recurring billing for a Premium Service,
You may cancel Your User Account at any time. You will continue to have the same
access for any billing period or periods for which You have paid. If we believe
that Your profile content or Your conduct within the HOOK Services violates Our
Terms of Service, Your access and User Account may be immediately terminated and
no refunds will be given.
HOOK RESERVES THE RIGHT TO REFUSE OR SUSPEND ACCESS TO ANY USER, FOR ANY REASON
OR NO REASON, AND WITHOUT ANY NOTICE.
HOOK may terminate any User Account You have with the HOOK Services or Your
use of the HOOK Services or any portion thereof, if HOOK believes that you
have breached this Agreement, or for any other reason, in its sole discretion.
HOOK may also remove and discard all or any part of Your User Account or any
User Content (as defined below), at any time. You agree that any termination of
Your access to the HOOK Services or any User Account You may have or portion
thereof may be effected without prior notice, and You agree that HOOK will not
be liable to You or any third party for any such termination. For example, We
may deactivate Your User Account due to prolonged inactivity. Without limitation
of our other rights, We reserve the right to delete all Your User Content from
the HOOK Services upon any termination or cancellation of Your User Account.
Any suspected fraudulent, abusive or illegal activity that may be grounds for
termination of Your use of the HOOK Services may be referred to appropriate law
enforcement authorities. These remedies are in addition to any other remedies
HOOK may have at law or in equity.
In addition, you shall not:
1. Attempt to use the Services to stalk, harass, abuse, or harm, or advocate or
incite stalking, harassment, abuse or harm of another person or group.
2. Post any abusive, threatening, obscene, defamatory, libelous, or racially,
sexually, religiously, or otherwise objectionable or offensive content or
information or any content or information that contains nudity, excessive
violence, or offensive subject matter or that contains a link to such content.
3. Inappropriately solicit or attempt to solicit personal information from other
users of the Services, nor shall you harvest or post anyone’s private
information, including personally identifiable or financial information in or
through the use of the Services.
4. Advertise, spam or distribute any malware, spyware or other malicious content
in or through the Services.
5. Engage in any illegal conduct or intentionally or unintentionally violate, or
promote the violation of, any applicable laws or regulations.
6. Disrupt, overburden, of any computer or server used by or in the Services or
become involved in any type of attack (including but not limited to distribution
of a virus, denial of service attacks) or in any other way attempt to disrupt
the Services or any other player's use or enjoyment of the Services.
7. Cheat or disrupt the Services in any manner (including but not limited to
using cheats, exploits, automation software, bots, hacks, mods or any software
designed to modify or interfere with the Services or overall experience).
Cheating includes, without limitation, any automated use of the Services or
circumventing or modifying any security, technology or device that is part of
the Services.
8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for any underlying software or other intellectual
property used in the Services.
9. Attempt to gain unauthorized access to the Services, player accounts
registered to others or to the computers, servers, or networks connected to the
Services by any means other than the Services' user interface.
This provision is not meant to be exhaustive, and HOOK reserves the right to
determine what conduct it considers to be in violation of this provision or
otherwise outside the spirit of the Services and to take action, which may
include termination of your Account and exclusion from further participation in
the Services.
If You believe that HOOK has suspended or terminated Your User Account in
error, You may contact Us at support@gohookapp.com at any time.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to HOOK
a perpetual, non-exclusive, transferable, worldwide, royalty-free license to
use, copy, modify, create derivative works based upon, distribute, publicly
display, publicly perform and distribute your User Content in connection with
operating and providing the Services and Content to you and to other Account
holders. If you want to terminate this license at any time, please email
support@gohookapp.com. You are solely responsible for all your User Content. You
represent and warrant that you own all your User Content or you have all rights
that are necessary to grant us the license rights in your User Content under
these Terms. You also represent and warrant that neither your User Content, nor
your use and provision of your User Content to be made available through the
Services, nor any use of your User Content by HOOK on or through the Services
will infringe, misappropriate or violate a third party's intellectual property
rights, rights of publicity or privacy, or any other rights or result in the
violation of any applicable law or regulation. You can remove your User Content
by specifically deleting it from your profile. However, in certain instances,
some of your User Content (such as virtual gifts you give or chat messages you
send) may not be completely removed and copies of your User Content may continue
to exist on the Services. We are not responsible or liable for the removal or
deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by HOOK
Subject to your compliance with these Terms, HOOK grants you a limited,
non-exclusive, non-transferable, non-sublicenseable license to download, view,
copy, display and print the Content solely in connection with your permitted use
of the Services and solely for your personal and non-commercial purposes. Each
user is responsible for any content or information they post or transmit in the
Services and HOOK assumes no responsibility for the conduct of any user
submitting any content or for the information transmitted by any user. You shall
not make available in the Services any material or information that infringes
any copyright, trademark, patent, trade secret, right of privacy, right of
publicity, or other right of any person or entity or impersonates any other
person. HOOK assumes no responsibility for monitoring the Services for
inappropriate or illegal content or conduct, and has no obligation to monitor
player content. To the extent HOOK becomes aware of any player content it shall
have the right, in its sole discretion, to edit, refuse to post, or remove any
player content. As you use the Services, HOOK may monitor and/or record your
use of the Services and/or communications while you are playing the Services and
you hereby provide your irrevocable consent to such monitoring and recording.
YOUR INDEMNIFICATION OF US; YOU HOLD HARMLESS HOOK
You agree to indemnify, defend, and hold HOOK harmless from any and all claims,
suits, actions, losses, costs, damages, and any other liabilities, including
attorneys' fees, brought by a third party arising out of or related to (a) Your
use or misuse of any location information or the other HOOK Services generally,
(b) any violation of the rights of any other person or entity by You, (c)any
alleged breach or violation by You of this Agreement, or (d) Your use of the
HOOK Services to meet another User in person or to locate and attend any
offline place or event. HOOK reserves the right, at Your expense, to assume the
exclusive defense and control of any matter for which You are required to
indemnify Us, and You agree to cooperate with Our defense of these claims. This
defense and indemnification obligation is intended to extend to the fullest
extent permitted by law and will survive this Agreement and Your use of the
HOOK Services.
Subscription & Membership
We offer 3 subscription options for VIP membership service with the price from
$14.99 per month to $52.99 every 6 months to choose from. Your iTunes account
will be charged at confirmation of your purchase. Here are the options:
1-month subscription with auto renewal: $14.99.
3-month subscription with auto renewal: $30.99.
6-month subscription with auto renewal: $52.99.
Prices are in U.S. dollars, may vary in countries other than the U.S. and are
subject to change without notice.
Please note that with all subscriptions:
- Payment will be charged to iTunes Account at confirmation of purchase.
- No cancellation of the current subscription is allowed during active
subscription period.
- Subscription automatically renews unless auto-renew is turned off at least
24-hours before the end of the current period.
- Account will be charged for renewal within 24-hours prior to the end of the
current period, and identify the cost of the renewal.
- Auto-renewal may be turned off by going to the user's iTunes Account Settings
after purchase.
Details about auto-renewing subscription:
- If you choose to purchase "1-month" VIP membership service, payment will be
charged to your iTunes account. The length of this subscription is 1 month and
the price of it is $14.99 USD. Prices are in U.S. dollars, may vary in countries
other than the U.S. and are subject to change without notice. The subscription
automatically renews unless auto-renew is turned off at least 24-hours before
the end of the current period. Your account will be charged for renewal for
$14.99 USD/month within 24-hours prior to the end of the current period.
Auto-renewal may be turned off at any time by going to your settings in the
iTunes Store after purchase.
- If you choose to purchase "3-month" VIP membership service, payment will be
charged to your iTunes account. The length of this subscription is 3 months and
the price of it is $30.99 USD. Prices are in U.S. dollars, may vary in countries
other than the U.S. and are subject to change without notice. The subscription
automatically renews unless auto-renew is turned off at least 24-hours before
the end of the current period. Your account will be charged for renewal for
$30.99 USD within 24-hours prior to the end of the current period. Auto-renewal
may be turned off at any time by going to your settings in the iTunes Store
after purchase.
- If you choose to purchase "6-month" VIP membership service, payment will be
charged to your iTunes account. The length of this subscription is 6 months and
the price of it is $52.99 USD. Prices are in U.S. dollars, may vary in countries
other than the U.S. and are subject to change without notice. The subscription
automatically renews unless auto-renew is turned off at least 24-hours before
the end of the current period. Your account will be charged for renewal for
$52.99 USD within 24-hours prior to the end of the current period. Auto-renewal
may be turned off at any time by going to your settings in the iTunes Store
after purchase.
Feedback
You acknowledge and agree that any feedback, comments or suggestions you may
provide regarding the Services ("Feedback") will be the sole and exclusive
property of and you hereby irrevocably assign to us all of your right, title and
interest in and to all Feedback. You agree that unless otherwise prohibited by
law, HOOK may use, sell, disclose and otherwise exploit the Feedback in any way
and for any purpose, without restriction and without compensation to you.
Choice of Law, Venue and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of
HK, without giving effect to its conflict of law provisions. You agree that any
legal action or proceeding between you and HOOK related to these Terms, shall
be brought exclusively in a federal or state court of competent jurisdiction
sitting in HK. You agree to submit to the personal jurisdiction of the courts
located within HK for the purpose of litigating all such claims or disputes.
Disclaimer of Warranties, Limitation of Damages and Release and Indemnity
You agree that the provisions of this section will survive any termination of
your account or of the Services.
THE SERVICES AND ALL RELATED SERVICES ARE PROVIDED BY HOOK ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOOK DOES NOT WARRANT THAT
ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICES WILL BE UNINTERRUPTED
OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES AND/OR ROGUE OR
MALICIOUS PROGRAMMING.UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HOOK
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE
SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION
AVAILABLE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS,
DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF
INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF
PERFORMANCE.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOOK, WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR
RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION
YOU PAY, IF ANY, TO HOOK FOR ACCESS TO OR USE OF THE SERVICES. YOU HEREBY
RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST HOOK ARISING FROM
OR IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE TO DEFEND,
INDEMNIFY AND HOLD HARMLESS, HOOK FROM AND AGAINST, ANY AND ALL CLAIMS OR
LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION
WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.
MISCELLANEOUS PROVISIONS
Severability, Waiver of Agreement Provisions.
You and We agree that if any provision of this Agreement shall be deemed
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions. A provision of this Agreement may be
waived only by a written instrument executed by the party entitled to the
benefit of such provision. The failure of any party at any time to require
performance of any provision of this Agreement shall in no manner affect such
party’s right at a later time to enforce the same. A waiver of any breach of any
provision of this Agreement shall not be construed as a continuing waiver of
other breaches of the same or other provisions of this Agreement.
HOOK may provide You with notices, including those regarding changes to this
Agreement, by email or postings on the HOOK Services. You hereby consent to the
use of electronic communications.
You May Not Assign, But HOOK May. This Agreement, and any rights and licenses
granted hereunder, may not be transferred or assigned by You. However, HOOK may
at any time and for any reason transfer or assign without restriction this
Agreement and the obligations contained in the Agreement to a third party. You
hereby acknowledge and agree that if another company acquires Our company,
business, or Our assets, that transaction may include a sale or transfer of Your
User Content, and You agree to such transfer without further action or
confirmation.
No Third-Party Beneficiaries. There are no third-party beneficiaries to
this Agreement.
Headings; Entire Agreement. The heading references herein are for convenience
purposes only, do not constitute a part of this Agreement and shall not be
deemed to limit or affect any of the provisions hereof. The word "including"
means "including without limitation." This Agreement is the entire agreement
between You and Us relating to the subject matter herein and shall not be
modified except in writing, agreed to by both parties.
Termination
Notwithstanding any of these Terms, HOOK reserves the right without notice and
in its sole discretion to terminate your license to use the Services and block
or prevent your future access to, and use of, the Services. You may terminate
your license to the Services by sending notice to HOOK at support@gohookapp.com
with the subject line "Termination".