TERMS OF USE

This Terms of Use Agreement (the “Agreement”) governs the terms and conditions affecting your access to and use of HoodHoot.  Your accessing and using HoodHoot 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 HoodHoot and exit HoodHoot.

 

For purposes of this Agreement “You” shall be defined to mean any person who accesses HoodHoot 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 HoodHoot.

 

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 HoodHoot.  Any time you access HoodHoot, your access and use of HoodHoot constitutes an express and implied acceptance of the current terms of this Agreement.  You should review the Agreement when you access HoodHoot for the latest version of this Agreement.

 

HoodHoot is a 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 HoodHoot.  Anything you post can be accessed by your friends and neighbors around the block or people around the world.

 

HoodHoot will provide certain content for all users of the service.  You will be allowed to post certain content on HoodHoot, 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 by other users of HoodHoot.  We reserve the right to change any and all aspects and configurations of HoodHoot at any time and for any reason.  Such changes may include, but not be limited to, changes to the format and style of HoodHoot, changes to geographical regions covered by HoodHoot and by the entire HoodHoot service as a whole, changes to the type of content that can be posted on HoodHoot, changes to the content itself and changes to the terms and conditions for accessing HoodHoot.

 

HoodHoot maintains a Privacy Policy designed to protect the privacy of all users of HoodHoot.  You should carefully review the Privacy Policy.  Your continued access and use of HoodHoot 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 service.

 

HoodHoot and other persons reserve the right to charge you for goods or services purchased on or through the service.  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 HoodHoot, 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 HoodHood may be terminated if such charges are not promptly paid on demand.

 

We may, but are not obligated in any way to, provide a means of obtaining “Credits,”“Points” or “Stars.”  Stars may be redeemable toward items of value through third-parties.  If we do initiate such a procedure, we assume no obligation or liability whatsoever with respect to the actions or inactions of any third party with respect to same.  Such Points or Stars may be obtained through one or more of the following methods: making or responding to a post, watching an advertisement, answering a question or survey.  Such credits or points may be purchased for purposes of asking a question for a price determined by us in our sole discretion.  We may post advertisements or other material from third-party sites or services.  HoodHoot does not assume any responsibility or liability whatsoever with reference to any advertisement, content, purchase or other interaction with a third-party site.  Be sure to review all privacy policies and other terms of use published by our third-party providers and contact them directly if you have questions as they may have privacy terms or other terms of use that differ from our Privacy Policy.  The third-party site or service is completely responsible for its content and your access of it.

 

The fact that you have signed on HoodHoot 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 HoodHoot.  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 HoodHoot, you do not have permission to be on HoodHoot and we require that exit HoodHoot immediately.  If you are a resident of a state or country which has more restrictive requirements as to age or any other criteria to use HoodHoot, you represent that you meet these more restrictive requirements at all times and in all ways.  If for any reason, you do not meet all such requirements, Please immediately exit HoodHoot, you do not have permission to use the service.

 

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 questions and answers posted from your account come from you and are posted with your approval.  You will then be responsible to ensure that all questions and answers 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 HoodHoot, 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 is not responsible for the content posted by any user.  However, we will immediately respond to any reports of malicious content and suspicious or abusive user activity.  HoodHoot provides a mechanism within the application to report malicious, suspicious or abusive content or users and will act quickly to investigate and respond according to any report of any such activity.  These responses may include, but are not limited to, deleting the content in question and blocking the users responsible for such content from accessing the HoodHoot service.  We merely provide the platform for the posting of content by users of HoodHoot.  HoodHoot neither verifies the accuracy of any statement nor provides representation, warranty or assurance of any kind with respect to any statement made on HoodHoot, which was submitted by any user of HoodHoot.  Any malicious, suspicious or abusive content should be reported to Support@HoodHoot.com. Buttons have been provided for that purpose within the application.  We will investigate within 24 hours of receiving such a report and will promptly remove any content or user deemed by us to be in violation of these Terms of Use.

 

You are free to post your views and opinions on any issue on HoodHoot 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 HoodHoot 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 HoodHoot in any manner.  Any person who posts any content on HoodHoot and any person who views or in any way accesses any content posted on HoodHoot 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 HoodHoot.

 

You are free to print, copy and distribute any non-copyrighted material posted on HoodHoot 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 HoodHoot, 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 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 HoodHoot 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 HoodHoot, the format of the HoodHoot, the commercial practices of the HoodHoot and any posting or other content made by us.  Such person, however maintains sole responsibility to ensure that anything posted on HoodHoot does not violate the copyright rights of any other person and otherwise does not violate any other law whichany 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 HoodHoot 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 HoodHoot.  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 HoodHoot.  They will, however, serve as a useful guide as to what may not be posted on HoodHoot.

 

HoodHoot 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 HoodHoot for the purpose of benefitting financially from such posting, you should contact the HoodHoot support personnel at Support@HoodHoot.com concerning any fees and other rules that may apply.  You are permitted to post content on HoodHoot 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.  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.  HoodHoot assumes no responsibility for anything relating to any advertisement or other content posted on HoodHoot by any third-party.

 

THE FOLLOWING ACTIONS WILL NOT BE TOLERATED AND ARE GROUNDS FOM BEING IMMEDIATELY PERMANENTLY BLOCKED FROM ACCESSING OR USING THE HOODHOOT SERVICE.

 

You may not post anything on HoodHoot 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 HoodHoot that would be in violation of any law of any foreign country which the user would be subject.  Each user of HoodHoot has the sole responsibility to ascertain which laws apply to him or her.

 

You may not post anything on HoodHoot 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 HoodHoot that is intended to or has the effect of harassing, intimidating, abusing or threatening any other person.

You may not post anything on HoodHoot that would cause any reasonable person viewing such post to believe that such post has been made by any person other than yourself.

 

You may not post anything on HoodHoot 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 HoodHoot 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 HoodHoot.

 

You may not post anything on HoodHoot containing any viruses or any other form of malicious software.

 

You may not post anything on HoodHoot which is intended to unreasonably increase the traffic on HoodHoot, any other service or any website or which unreasonably increases the load on or otherwise interferes with the proper operation of the infrastructure of HoodHoot, any other service or any website.

 

You may not post anything on HoodHoot 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 HoodHoot 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 HoodHoot, 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 HoodHoot may be viewed by any user with access to HoodHoot.  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 HoodHoot, 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 HoodHoot 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 HoodHoot.

 

If person believes that any content posted on HoodHoot 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:

 

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 service or online siteare 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 us to locate the material.


Information reasonably sufficient to permit us 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.


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.


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 HoodHoot, whether or not such person posts anything on HoodHoot 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 HoodHoot 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 HoodHoot 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 HoodHoot 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 HoodHoot and fully intend to follow the spirit and letter of such terms, discontinue use of HoodHoot immediately  and, exit out of HoodHoot immediately.  You do not have permission to access HoodHoot 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 HoodHoot constitute your continued acceptance of these terms of use as we may modify or amend them from time to time.

 

WE PROVIDE HOODHOOT 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 HOODHOOT.  HOODHOOT AND ANY THIRD PARTY SHALL ASSUME NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO ANY GOOD OR SERVICE PURCHASED ON OR THROUGH HOODHOOT.

 

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 HOODHOOT FROM ANY LIABILITY, EXPENSE OR DAMAGE, INCLUDING ALL REASONABLE ATTORNEY ‘S FEES AND EXPENSES.

YOU AGREE THAT, TO THE GREATEST EXTENT PROVIDED BY ALL APPLICABLE LAWS, YOU WILL NOT COMMENCE OR JOIN ANY CLASS ACTION LAWSUIT AGAINST OUR WAY MEDIA GROUP LLC, ITS OWNERS, EMPLOYEES, MANAGERS AND AFFILAITES ARISING FROM YOUR ACCESS OF HOODHOOT AND YOU AGREE TO REIMBURSE ANY OF THEABOVE PERSONS FROM ANY AND ALL COST, INCLUDING REASONABLE ATTORNEY’S FEES, IN CONNECTION WITH YOUR VIOLATION OF SAME.

 

YOUR ACCESS OR USE OF HOODHOOT 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 HOODHOOT 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 HOODHOOT.

 

WE HAVE THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCESS TO HOODHOOT FOR ANY REASON OR FOR NO REASON IN OUR SOLE DISCRETION WITHOUT LIABILTY TO YOU OR ANY OTHER PERSON.

 

“Hoot,” “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 HoodHoot.  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 HoodHoot.