Thank you for using Hoozin. For the sake of simplicity and consistency, these Terms of Service apply to all of our members.
IMPORTANT— PLEASE READ CAREFULLY: These Terms of Service for Hoozin Site and Services (these "
Terms of Service") together constitute a legal agreement between you (an individual, not an entity) and Contagion LLC, a Connecticut limited liability corporation, and its suppliers and its licensors (collectively "
Hoozin") with respect to the
www.Hoozin.com Web site, including all sub pages under the Web site and sub pages within client’s websites (collectively, the "
Site") and all other services provided to you by Hoozin through Web access to the Site (collectively, the "
Services"). By clicking on the "Create Account" button or otherwise using or accepting the Site and/or Services, you agree to be bound by the terms of these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CLICK ON THE "ACCEPT" BUTTON AND DO NOT USE THE SITE OR SERVICES. YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. THE SITE AND SERVICES PROVIDED TO YOU UNDER THESE TERMS OF SERVICE IS FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
1. Description of Services. Hoozin provides you with the capability of uploading personal contacts and scheduling an event by inviting your contacts to vote their date, time and place preferences. To use Hoozin you must provide certain Personal Account Information (“
PIM Information”) as part of becoming a member of the Services (a "
Member"). When you become a Member, Hoozin will create your personal account which will contain basic account information: name, e-mail address, and password, ("
Your Account Information"), your contact list or address book which includes the names (real or nick names) and email addresses of your contacts provide ("
Your Contact List").
As a Member, you will be able to easily update and maintain the contacts in the contact management applications using any supported Web browser via Hoozin.com.
Non-members may elect to permanently opt-out from receiving Hoozin Invitation Requests e-mails sent by Hoozin members. When you register for permanent opt-out, you provide us with a validated e-mail address at which you no longer wish to receive Hoozin Update Requests. If necessary, we will send you an opt-opt confirmation e-mail to the address you enter.
Additional features may be added to the Site and Services and made available to you from time to time. You understand and agree that Hoozin may provide updates and/or new versions of the Software from time to time, with or without notice. You also understand and agree that the Site and the Services may include advertisements and that these advertisements are necessary for Hoozin to provide the Services.
2. Personal License. Hoozin grants you a non-exclusive, non-transferable license for the Software to access the Services. Under this license YOU MAY ONLY: use the Free Version for your personal and non-commercial use.
3. Restrictions. a) YOU MAY NOT: (i) prepare derivative works based on the Software; (ii) reproduce the Software except as specifically provided in this Agreement; (iii) sell, assign, transfer, license, sublicense, publish, disclose, display, or otherwise make available the Software or copies thereof in any form whatsoever to any third parties or use the Software for any third party's data processing, computing, or other needs; (iv) modify, translate, reverse engineer, decompile, or disassemble the Software, subject to applicable law to the contrary; or (v) remove any proprietary notices, labels, or other identifying marks on the Software. These Terms of Service shall not be interpreted as granting to you any license or right not expressly granted herein. This license is not a sale. ALL RIGHTS TO THE SOFTWARE NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HOOZIN OR ITS SUPPLIERS.
b) You agree that you shall only use the Site and Services in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the Site and Services, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
c) You may not use the Site or Services to send unsolicited, promotional mass electronic email messages or notifications to one or more recipients or systems (known as "spamming"). Any promotional electronic messages, which are sent in an unsolicited manner to 10 or more recipients, or any series of unsolicited promotional electronic messages to a single user, will be considered as spamming. Spamming also includes (i) sending messages to distribution lists, newsgroup aliases, or group aliases, and (ii) sending messages to recipients who do not know you or who are unlikely to recognize you as a known contact.
d) You may not use the Software, Site or Services to upload, post, e-mail, otherwise transmit, or post links to: (i) any unsolicited or unauthorized advertising or promotional materials; or (ii) content which is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
e) You may not use the Site or Services if you are under the age of 13 or to solicit or collect any information from children under the age of 13.
4. Limited Warranty. HOOZIN MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND HOOZIN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES. HOOZIN DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE ERROR FREE. This limitation or exclusion of warranties may be subject to exceptions in local jurisdictions.
5. Hoozin's Right to Terminate or Modify Terms of Service and Services. Hoozin may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, charging for the Site and/or Services. Hoozin may provide notice to you of any such modification by e-mail or by publishing the changes on its Web site. In the event Hoozin modifies these Terms of Service, you may terminate your use of the Site and the Services. Hoozin may also terminate your right to use the Site and/or Services at any time for any reason. Without limiting the prior sentence, your right to use the Software, Site and Services will automatically terminate if you fail to comply with any term or provision of these Terms of Service. No notice shall be required from Hoozin to effect such an automatic termination. Upon any termination of your right to use the Site and Services, you shall immediately discontinue use of the Site and the Services.
6. Personal Information and Privacy. You are required to have a Hoozin account to use the Services. Personal information you provide to Hoozin is governed by Hoozin's privacy policy (the "
Hoozin Privacy Policy").
Click here to view the Hoozin Privacy Policy. Your election to use the Services, indicates your acceptance of the terms of the Hoozin Privacy Policy, so please review it carefully if you have any questions about Hoozin's treatment of personal information you provide to us. You are responsible for maintaining the confidentiality of your password and Your Account Information (name and e-mail address). You are responsible for all activities that occur in your account and you agree to notify Hoozin immediately of any unauthorized account use. Hoozin is in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of your user account and password.
7. Title. Title, ownership, rights, and intellectual property rights in and to the Site and Services shall remain in Hoozin and/or its suppliers. The Site and Services are protected by the copyright laws of the United States and other countries, and by international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Services shall be retained by the applicable content owner and may be protected by applicable privacy, copyright or other laws.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOOZIN OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THESE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE THE SOFTWARE, SITE OR SERVICES, EVEN IF HOOZIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HOOZIN RELATED TO THESE TERMS OF SERVICE OR THE SOFTWARE, SITE OR SERVICES SHALL BE CANCELLATION OF THE SOFTWARE LICENSE AND SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE AND SERVICES.
9. Indemnification. You agree to hold harmless, indemnify and defend Hoozin, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the Site or Services in violation of another party's rights or in violation of any law, or (ii) violated any terms of these Terms of Service.
10. User Age Restriction. The Services, Software and Site are not intended for and may not be used by children under the age of 13. You may not use the Software or Services or access the Site unless you are at least such age.
11. Miscellaneous.
a) No Assignment. The Software and Services are personal to you, and may not be assigned without Hoozin's express written consent.
b) Governing Law; Jurisdiction. These Terms of Service are governed by the laws of Connecticut, excluding its choice of law provisions. You agree to bring and defend any actions related to these Terms of Service exclusively in the state of federal courts located in Fairfield County, Connecticut. These Terms of Service will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
c) Injunctive Relief. To the extent that you have breached or have indicated your intention to breach these Terms of Service in any manner which violates or may violate Hoozin's intellectual property rights, or may cause continuing or irreparable harm to Hoozin (including, but not limited to, any breach that may impact Hoozin's intellectual property rights, or a breach by reverse engineering), Hoozin may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
d) Complete Agreement. These Terms of Service shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by Hoozin or not. The terms and conditions contained in these Terms of Service may not be modified by you except in a writing duly signed by you and an authorized representative of Hoozin. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.