Terms of Service
Last Modified: August 27, 2020
Welcome! Thanks for visiting our Terms of Service, and we can't wait to enhance your nightlife experience, but before you use our Platform, please read this Terms of Service carefully.
1. User’s Acknowledgment and Acceptance of Terms
hopps Inc. (“Us,” “We,” “hopps,” or the “Company”) provides the https://www.hoppstech.com/ website, application, and various related services (collectively, the “Platform”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or “Agreement”), as well as any other written agreement between us and you. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
You are permitted to use the Platform only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of the Platform in any medium without Company’s prior written authorization except as permitted through the Platform’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Platform; (6) Don’t collect any personally identifiable information, including full names, physical addresses, or e-mail addresses, for commercial purposes from the Platform without consent; and (7) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Platform is not available to persons under the age of 21 or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 21 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.
YOUR USE OF THE PLATFORM CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE PLATFORM NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PLATFORM.
These Terms of Service provide that all disputes between you and hopps will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under or relating to this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class, collective, or representative action. Please review Section 16 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with hopps.
In these Terms of Service, we use the terms “you,” “your,” and “User” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. As used in these Terms of Service, “Venue(s)” refers to any User providing food and drink services, and “Patron(s)” refers to any User who uses the Platform to assist with placing orders and making purchases at Venues.
2. Overview of our Services
hopps is an application that reduces the hassle and time for patrons to get a drink while driving revenue for venues and tips for bartenders.
3. Account Information and Security
4. Vetting of Users
We have not vetted Patrons or Venues, although we will try to ensure that Users meet certain minimum requirements to be on the Platform. Venues are solely responsible for ensuring that Patrons are of legal age to consume alcohol. We are not responsible for the conduct of any member of the Platform, either online or offline. Because hopps does not vet Users, hopps cannot guarantee the accuracy or the identity of any Venue, Patron, or User. Accordingly, hopps cannot and does not assume any responsibility or liability for improper vetting or failing to vet a User of the Platform, nor for the conduct of anyone who uses the Platform.
HOPPS, NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF HOPPS AND YOU HEREBY RELEASE HOPPS AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. HOPPS AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF HOPPS.
5. Alcoholic Beverages Policy
Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if Patrons place an order that includes any alcoholic beverage, Patron represents and warrant that Patron is at least 21 years of age, will drink responsibly, will not share any alcoholic beverages with anyone under the age of 21 years old, and will comply with all applicable local, federal, and state laws. Patron will be required to present a government-issued identification card, evidencing Patron’s age, consistent with applicable legal requirements, at Venue. If Patron does not comply with these terms, Patron agrees that the alcoholic beverage(s) will not be released to Patron, and Patron may forfeit the cost of such beverages. Venue is also responsible complying with applicable local, federal, and state laws and to ensure that Patrons who are intoxicated are not serviced alcohol.
6. Disputes Between Venues and Patrons
hopps does not guarantee the quality or delivery of any items, goods, or services by Venues to Patrons or payments made by Patrons to Venues.
hopps reserves the right to establish a dispute policy (“Dispute Policy”) on the Platform. Absent such Dispute Policy, in the case a dispute arises between Users of the Platform, Users acknowledge that it is their responsibility to come to a mutual agreement and resolution. hopps does not act as intermediary.
Payments are non-disputable via the Platform once payment has been released to the Venue. In the case of a dispute after the payment has been released, Patrons must directly contact the Venue to request refunds.
For all disputes, the maximum refund amount Users can be awarded is the full amount of the invoice which is disputed.
7. Pricing Terms
You understand (a) that the price for items, goods, or services displayed through the Platform may differ from the prices offered or published by Venues for the same items, goods, or services and/or from prices available at third-party websites and (b) that such prices may not be the lowest prices at which the items, good, or services are sold. We reserve the right to charge additional fees on top of the prices set by the Venue and you acknowledge that we have no obligation to itemize costs, profits, or margins when publishing such prices. We reserve the right to change such prices at any time in our sole discretion.
8. Cancelled Orders
If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. You will be notified of any applicable charges before you complete your cancellation.
9. Promotional Offers
hopps may make promotional offers, which may include different features and different rates in its sole discretion, to any User (“Promotional Offers”). Promotional Offers are subject to these Terms of Service are only valid as indicated in the offer. A consumer must have a valid hopps account with a valid form of accepted payment on file to take advantage of a promotional offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) cannot be redeemed for cash or cash equivalent; (iii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by hopps; (iv) are subject to the specific terms that hopps establishes for such promotional offer; (v) may only be applied if all qualifying conditions are met; and (vi) are not valid for use after the date indicated in the offer. Promotional Offers are non-transferrable, may not be resold, and are not redeemable for cash, cash equivalent or other consideration. For promotional offers available only to new consumers, Users will not be entitled to receive the offer if hopps has a record of their name, email, phone number, device, or credit card having been used for a prior hopps order or being linked to an existing active or inactive hopps account. Offers cannot be applied retroactively for prior purchases and cannot be combined unless otherwise indicated. You agree we may change the terms and conditions of an offer, terminate an offer, or expire, withhold, deduct, limit, or modify an offer at any time for any reason. hopps reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that hopps determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms of Service. hopps reserves the right to modify or cancel an offer at any time. The offer-redeeming consumer is responsible for paying any applicable sales tax related to the use of an offer.
hopps may, from time to time in its sole discretion, issue credits which can be applied to your next order. Generally, hopps credits will be automatically applied to your next order and can only be redeemed on the Platform. Credits will only be applied toward order subtotals (excluding gratuity) or service fees only as indicated in your account. The expiration date(s) for such credits can be found in the hopps Platform and/or the credit-issuing email. Credits may not be applied with any other offer. Credits are non-transferrable, may not be resold, and are not redeemable for cash, cash equivalent or other consideration. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order. If your account is cancelled, you may forfeit any pending, current, or future credits or promotional offers and any other forms of unredeemed value in or associated with your account without prior notice to you.
11. Communications & Text Messages
By voluntarily providing your cell phone number to hopps, Users agree that hopps may contact them by telephone, SMS, or MMS messages at that phone number, and Users hereby consent to receiving such communications for transactional, operational, or informational purposes. Users understand that such messages may be sent using an automatic telephone dialing system. Users may unsubscribe from receiving text messages from hopps at any time.
If Users unsubscribe from receiving text messages from hopps through the process described above, Users may continue to receive text messages for a short period while hopps processes the request(s). If Users change or deactivate the phone number Users provided to hopps, Users have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to Users, and any new phone number(s) Users attach to User’s account may receive hopps’s standard SMS or MMS messages unless Users also unsubscribe.
Standard data and message rates may apply for SMS and MMS alerts, whether Users send or receive such messages. Please contact your mobile phone carrier for details.
We always appreciate feedback and are always on the lookout for ways to improve. For feedback, comments, questions, or concerns, you can contact us at firstname.lastname@example.org and we will return your e-mail at the soonest opportunity possible.
13. Guarantee and Warranty
Use of the Platform is at your sole risk. All services are provided “as is,” with no warranties or guarantees whatsoever. hopps expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, hopps makes no warranty or guarantee that the Platform will be uninterrupted, timely, secure, or error-free. HOPPS RELIES ON VENUES TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. HOPPS DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION. hopps does not warrant the quality or accuracy of any items, goods, payments or deliverables provided and/or services rendered by its Users and does not warrant that any such items, goods, payments, or deliverables and services will be provided and/or rendered in a timely or professional manner. Additionally, hopps does not guarantee that Users using the “hopp the line” feature of the Platform will receive their orders from Venue before Users who do not use this feature or otherwise sooner than they would have received such order without this function, although hopps will use commercial reasonable efforts to try and expedite those orders. Users understand and agree that any interaction with other Users is at their own discretion and risk and that Users will be solely responsible for any damages that may result. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
In the event that you have a dispute with a User of the Platform, including with a Venue or Patron, you agree to release hopps (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Platform or participation in the services. Additionally, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other users.
15. Limitation of Liability
IN NO EVENT WILL HOPPS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE PLATFORM OR ANY USE OF THE PLATFORM, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE PLATFORM, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF HOPPS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
16. Dispute Resolution and Arbitration
In the interest of resolving disputes between you and hopps in the most expedient and cost-effective manner, you and hopps agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HOPPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Despite the provisions of the preceding paragraph, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and hopps will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting hopps at email@example.com.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). hopps’s address for Notice is: hopps Inc., 2755 SAN BRUNO AVE #347370 SAN FRANCISCO, CA 94134. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or hopps may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or hopps must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, hopps will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by hopps in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees and Procedure
The parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses; provided, however, that the arbitrator may award attorneys’ fees and costs to the prevailing party, except as prohibited by law. If you commence arbitration in accordance with these Terms of Services, hopps will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse hopps for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may grant injunctions and other relief. The arbitrator shall administer and conduct any arbitration in accordance with the law of the jurisdiction in which the dispute arose, including civil procedure rules, and the arbitrator shall apply the substantive and procedural law of the jurisdiction in which the dispute arose. To the extent that the AAA Rules conflict with local law, local law shall take preference. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. The parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.
No Class Actions
YOU AND HOPPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING except that users may bring a proceeding as a private attorney general, if and as allowed by law. Further, unless both you and hopps agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Nothing in this Agreement infringes upon any rights a User may have under the Sarbanes-Oxley Act, including any rights prohibiting compulsory arbitration.
Modifications to this Arbitration Provision
If hopps makes any future change to this arbitration provision, other than a change to hopps’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to hopps’s address for Notice, in which case your account with hopps will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If the “No Class Actions” section is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms of Service.
Right to Opt Out of Arbitration
You may submit a statement notifying hopps that you wish to opt out and not be subject to arbitration under this section. Should you desire to opt out, you must notify hopps of your intention to opt out by submitting a written notice, which may be via email to firstname.lastname@example.org, stating that you are opting out of this section. In order to be effective, your opt out notice must be provided within thirty (30) days of your agreeing to these Terms. Should you timely opt out of this section, you may pursue available legal remedies and will not be required to arbitrate claims.
17. Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in San Francisco, California.
18. Termination of Service
hopps may terminate your privilege to use or access the Platform immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Platform and agree not to access or make use of, or attempt to use, the Platform. Furthermore, you acknowledge that hopps reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Platform. You understand that hopps may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to hopps.
All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Platform, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
The Platform may contain personal web pages or profiles, forums, review and ratings sections, message boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) comments, content or other materials (collectively, “User Contributions”) on or through the Platform. These Interactive Services and User Contributions are separate from communications sent via our private messaging system (“User Messages”).
If you voluntarily disclose personal information (e.g., user name, email address, personal information) on the Platform through a User Contribution, such as in a review, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We strongly advise that you not post any personal or other sensitive information on the Platform.
Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions and User Messages do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions or User Messages you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions or User Messages posted by you or any other user of the Platform.
Additionally, we have the right to:
- Remove or refuse to post any User Contributions or User Message for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution or User Message that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution or User Message violates the Terms of Service, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Platform.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot and do not undertake to review all material before it is posted on the Platform or sent as a User Message, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
20. Intellectual Property
The entire content and materials contained on the Platform, including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Platform and other intellectual property (the “Content”) are owned by or licensed to hopps to the fullest extent under the copyright laws of the United States and other countries. Images of people or places displayed on the Platform are either the property of, or used with permission by, hopps. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with the Company. We may redesign the Platform in our sole discretion at any time.
21. Restrictions on Use
You may not use the Platform or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Company. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Company’s prior written consent.
Modification of Company’s content is a violation of the copyrights and other proprietary rights of Company or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Company. The Platform and the information contained therein may not be used to construct a database of any kind. The Platform and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.
In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Company’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.
22. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and hopps is intended or created by this Agreement. A Venue, Patron, or any other User is not hopps’s representative or agent, and may not enter into an agreement on hopps’ behalf.
23. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:
2755 SAN BRUNO AVE #347370
SAN FRANCISCO, CA 94134
2755 SAN BRUNO AVE #347370
SAN FRANCISCO, CA 94134
Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include the following information by or distributed through the Platform infringe intellectual property rights must include the following information:
- a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- b. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- c. A description of the material that you claim is infringing and where it is located on the Service;
- d. Your address, telephone number, and email address;
- e. A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
- f. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
hopps will promptly terminate without notice the accounts of users that are determined by hopps to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had user content removed from the Platform at least twice.
24. Links to Other Sites and Materials
As part of using the Platform, hopps may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). hopps has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by hopps, and hopps is not responsible for any Third Party Sites accessed through the Platform or any Third Party Applications, Software, or Content posted on, available through or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by hopps. If you decide to leave the Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.
26. Electronic Communications
The communications between you and Company use electronic means, whether you use the Platform or send us emails, or whether Company posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to Company or any of its officers, employees, agents or representatives in any situation where notice to Company is required by contract or any law or regulation.
Any such notice must be sent to:
2755 SAN BRUNO AVE #347370
SAN FRANCISCO, CA 94134
2755 SAN BRUNO AVE #347370
SAN FRANCISCO, CA 94134
Under California Civil Code Section 1789.3, California users of the Platform receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
28. Changes and Amendments to Terms
These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Platform and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Platform after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Platform with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.
29. General Terms
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.