PTP APP LLC (“we”, “our” or “us”) operates the hyperr platform, including the website (the “Site”) and app (the “App”), that allow you to create, share and vote on polls, and offers certain other features, content, or contests from time to time (collectively, “Additional Features”) (the Site, App, and Additional Features shall hereinafter sometimes be collectively referred to as the “Platform”).
In order to participate in certain services offered through the Platform, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference but such additional terms and conditions shall control solely for the applicable service.
We may modify this Agreement from time to time and such modification shall be effective upon posting to the Platform. You will be deemed to have agreed to any such modifications by your further use of the Platform after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Platform immediately. This agreement was last modified March 28th, 2017.
YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION
We may take steps to verify your phone number. During this verification process, you may receive a call or an SMS from us so that we may authenticate that the number you are registering to your Account is legitimate. By providing your phone number, you acknowledge and agree that we may send you this call or SMS and you acknowledge and agree that your provider may charge you for that incoming call or SMS.
You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You are responsible for (i) keeping confidential any password that you created to use any aspect of the Platform requiring registration and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.
Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “Hyperr Providers") due to such unauthorized use.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any features or services on the Platform. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Platform if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
We want all hyperr users to have an amazing experience, including YOU!!! The easiest way to do that is to use common sense when sending polls, and to not send other users polls that are unwanted, offensive, or inappropriate. Specific prohibited activities include, but are not limited to:
posting any content any content that is not owned by you or depicts individuals who did not agree to have their images posted;
criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
attempting to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein;
using cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Platform;
using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below).
interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform;
attempting to impersonate another user or person;
soliciting personal information from anyone under 18;
collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
using any information obtained from the Platform in order to harass, abuse, or harm another person;
using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
using the Platform in a manner inconsistent with any and all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
sublicensing, renting, leasing, selling, trading, gifting, bequeathing or otherwise transfering your account to anyone.
reverse engineering the Platform or otherwise gaining access to our software code.
using the Platform a commercial manner, including creating any third-party applications that interact with the Platform without our prior written consent.
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Platform.
A. Proprietary Rights
With the exception of content posted by users of the Platform (“User Content”), all materials contained on the Platform, including all content and the software, graphics, text and look and feel of the sites, and all trademarks (including HYPERR), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by PTP APP LLC, our subsidiaries or affiliated companies, our advertisers, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Platform, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Platform, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Platform and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Platform. You agree not to use the Platform for any other purpose.
B. Distribution/Uploading Of Content
You are prohibited from posting on or transmitting through the Platform (e.g., through uploaded content, a chat or user forum, or comment posted through the Platform) any content that infringes upon a third party’s intellectual property rights, violates an individual’s rights of privacy or publicity, or is defamatory, libelous, damaging, illegal, or offensive.
Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Platform any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.
By submitting content or materials (“Your Content”) to us through the Platform, including, without limitation, uploading any materials, choosing a username, or participation in any chats or forums, you automatically grant us and our third party partners, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide. You also hereby grant each user of the Platform a non-exclusive license to access Your Content through the Platform, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Platform and under this Agreement. The above licenses granted by you in Your Content are perpetual unless otherwise required under applicable law. The foregoing is subject to the provision regarding Unsolicited Submissions below.
Subject to these grants, you retain any and all rights which may exist in Your Content.
C. Representations and Warranties
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Platform and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Platform will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
D. Third-Party Content & User Content
You acknowledge that PTP APP LLC is an online service provider that may post content supplied by third parties and users. We do not practice editorial control over the content posted by such third parties (including User Content). Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of PTP APP LLC or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Platform by anyone other than PTP APP LLC.
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Platform retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.
E. Unsolicited Submissions
If you send us any feedback, suggestions, ideas, notes, concepts or other information related to our Platform or its content (collectively, the "Unsolicited Submissions"), you give us a perpetual, irrevocable, royalty free license to utilize and make derivative works based on the Unsolicited Submissions in any manner and media. None of the Unsolicited Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. In sum, we appreciate the ideas that our users have that can make our Platform an even better service, but you should not share your ideas with us if you expect to be given compensation for your ideas or if you wish to own or claim those ideas.
F. Advertisements & Company Posts
You acknowledge that the Platform may be supported by advertising revenue and, therefore, that we may display advertisements and promotions within the Platform or any poll or result, including in conjunction with Your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you
You acknowledge that certain users of the Platform may be companies and that certain User Content may therefore be submitted by companies that are interested in having their own products, styles, skus and other materials voted on and/or rated by users of the Platform. You acknowledge that, for the sake of obtaining the most truthful results, such User Content may not be identified as being those of the relevant company. You agree that any votes or ratings you post with respect to such User Content may be shared with the relevant companies by us for compensation and that you will receive no compensation in connection therewith
NOTICE OF INFRINGEMENT
Without limiting the foregoing, if you believe that any content, including User Submissions, or other materials, posted on the Platform constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: firstname.lastname@example.org.
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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;
4. 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;
5. 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;
6. 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 Platform is intended for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Platform in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Platform, is prohibited.
We reserve the right to alter, change, or discontinue any or all features (including individual sections of those features) on our Platform without prior notice. We will not be liable to you for any modification, suspension, or discontinuation of the Platform, or the loss of any of Your Content.
The Platform may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.
We reserve the right to disable links from or to third party sites.
THIRD-PARTY MERCHANTS / PROVIDERS
The Platform may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for your use of the Platform.
In addition, the Platform may prompt you to establish an account with a third party service provider not owned or operated by us. Your agreement and understanding with any such third party service provider is solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such third-party service provider. Any disputes you may encounter with such third party service provider shall be settled solely between you and the service provider.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE PLATFORM IS PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY HYPERR PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE PLATFORM WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF PTP APP LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY HYPERR PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE PLATFORM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PTP APP LLC’S RECORDS, PROGRAMS, OR PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE PLATFORM.
NEITHER WE NOR ANY HYPERR PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PLATFORM OR THE PURCHASE OF ANY PRODUCT, REAL OR VIRTUAL, THEREFROM, EVEN IF WE OR SUCH HYPERR PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL PTP APP LLC BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID PTP APP LLC IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, OUR TOTAL LIABILITY SHALL BE CAPPED AT $10,000.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Platform and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Platform, contests, sweepstakes or offers offered through the Platform nor shall any person affiliated, or claiming affiliation with the Platform have authority to make any such representations or warranties.
APPLICABLE LAW; JURISDICTION
Subject to the Binding Arbitration section below, in the event of any action in court permitted hereunder, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Platform (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the California Courts and agree not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
We would like to clearly state that arbitration prevents your ability to sue in court and it prevents your ability to have a jury trial. Any and all disputes, claims, and causes of action arising out of or connected with this agreement shall be resolved individually, without resort to any form of class action, class arbitration, or representative action or proceeding.
You agree to indemnify and hold PTP APP LLC, the Hyperr Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Platform in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
This Agreement is deemed accepted upon any use of any of the Platform. This Agreement constitutes the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Platform or any of your purchases through the Platform. To reach our customer support team, please e-mail us at email@example.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.
THIRD PARTY MARKETPLACES
AGE OF USERS
We do not intend the Platform to be used by minors under the age of 13. Furthermore, we do not market the Platform for use by minors under the age of 13. If we learn that a user under the age of 13 has registered for an Account, that user’s Account will be terminated. If you are between the ages of 13 and 17, you must obtain your parent or legal guardian’s permission before establishing an Account or making use of the Platform. By doing either, you represent that your legal guardian has reviewed and agreed to this Agreement.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.